Australian Visa Bureau   »   Visas and Immigration   »   Spouse and Family Visas   »  Remaining Relative Visa Australia

Last Remaining Relative Visa

The Remaining Relative Visa is designed to allow a last remaining relative (of an Australian citizen or permanent resident) to migrate to Australia if that remaining relative would otherwise be left in an isolated situation overseas.

Generally, you can apply for a Remaining Relative Visa if:

• You have no close family ties outside Australia;
• You are the brother, sister, child or step equivalent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is residing in Australia (your relative in Australia must be aged over 18);
• You and your spouse together do not have a near relative who resides in the same country as yourself and who is:
• A parent, brother or sister;
• A minor child who is not in your daily care and control;
• An adult child over 18 who is not dependent on you; or
• Step equivalents of the above;
• You and your spouse have a near relative who resides in a different country to yourself, and neither you nor your spouse have had contact with that near relative for a reasonable period (usually 3 years) before you make the application;
• You and your spouse together do not have more than 3 near relatives who reside in any other country (excluding those near relatives in Australia who are entitled to sponsor you for the visa); and
• For a child under 18, who was adopted overseas by an Australian citizen, Australian permanent resident or eligible New Zealand citizen, your adoptive parent must have spent the required 12 months living overseas prior to the Adoption Visa application.

Determining if a Person is 'Usually Resident'

Following a recent decision by the Australian Full Federal Court, there are new procedures for assessing where a person is 'usually resident'.

Applicants may be asked to provide additional information about where they usually reside, so that their application can be assessed under the new procedures.

If you are in Australia now and you are considering applying for a Remaining Relative Visa, you need to know that:

• If you or your spouse are assessed to be usually resident in Australia and only in Australia, and you have a near relative other than those near relatives in Australia who are entitled to sponsor you for the visa, you will not meet the legislative criteria for a Remaining Relative Visa.

All applicants should also note that that you may be asked to provide further information about where your near relatives usually reside, and in some cases, what contact you have with those near relatives.

Sponsorship

Your application to migrate or remain permanently in Australia as a remaining relative must be sponsored by your relative in Australia.

Your application cannot be approved if your sponsor:

• Has previously sponsored/nominated a person who has subsequently been granted a visa on the basis of being a remaining relative; or
• Was granted a visa to Australia on the basis of being a last remaining relative.