Remaining Relative Visa

The Remaining Relative Visa is designed to enable Australian citizens, Australian permanent residents or eligible New Zealand citizens, (who are usually resident and settled in Australia), to sponsor a remaining relative to migrate to Australia

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

  • You are the brother, sister, child or step equivalent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is settled and usually resident in Australia; and
  • The Australian resident, or their spouse (if any), is aged 18 years or older and is sponsoring you; and
  • You have an assurance of support; 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; and
  • You and your spouse together do not have any other near relatives other than those who are usually resident in Australia and are Australian citizens, Australian permanent residents or eligible New Zealand citizens.

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.

Remaining Relative 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.