If all your (and your partner’s) near relatives are Australian Citizens or Permanent Residents who are usually resident in Australia, the Remaining Relative Visa might be the best visa option for you.
About the Visa
The Remaining Relative Visa is a permanent residency visa that can be lodged in Australia or overseas. If you lodge the visa in Australia, you must be in Australia for the visa to be granted. Conversely, if you lodge the application outside of Australia, you must be outside of Australia for the visa to be granted.
If you lodge the visa application in Australia, you will be granted a Bridging Visa that will allow you to remain in Australia lawfully until the visa is processed. Whilst in Australia on a Bridging Visa, you will not have access to Centrelink benefits though you can access Medicare.
The Visa is subject to a “capping and queueing system”, whereby there is a set limit on the amount of visas granted by the government each year, currently being a very low amount.
After an initial assessment has occurred and if the Department of Immigration and Border Protection (DIBP) hold you satisfy the eligibility criteria for the visa, you will be placed in a queue and will not be granted a the visa until you reach the front of the queue.
The current queue time is over 40 years. As such, particularly for offshore applicants, if there is another visa you are potentially eligible for, you should consider taking up that other option.
To be eligible for this visa, you:
1. must be sponsored by an Australian Citizen or Australian Permanent Resident who is your brother, sister or parent (or step-equivalent) or one of their partners. Your sponsor must have been living in Australia for at least 2 years and must be usually resident in Australia to sponsor you;
2. and your partner (if any) cannot have any other brothers, sisters, parents (or step equivalents), or non-dependent children (or step equivalents) over 18 other than those who are usually resident in Australia and are Australian citizens, Australian permanent residents or eligible New Zealand citizens (i.e. all your near relatives must be Australian and living in Australia);
3. must be sponsored and your sponsor or another person (or organization) must provide Centrelink with an “Assurance of Support” so that you do not become a burden on the welfare system;
4. must pass health and character checks.
Our experienced immigration lawyers will ensure your application is given the best prospects of success.
We offer all our prospective clients an initial meeting, during which we will thoroughly explain the law surrounding this visa to you and inform you of the process moving forward.
To organize a initial consultation with us, please contact one of our experienced immigration lawyers on (02) 9590 3987.