Can I Add My Child in My Remaining Relative Visa (Subclass 115/835) Application?
The Remaining Relative Visa (Subclass 115/835) is a highly specific visa designed for individuals sponsored by only close family members who are already lawfully residing in Australia as Australian citizens, permanent residents (PR), or eligible New Zealand citizens. Close family members eligible to sponsor include:
Eligible parent or step-parent
Sibling or step-sibling
Eligible partner of your relative
What is the “No Other Near Relatives” Rule?
The core requirement of the SC 115/835 visa is that you (the primary visa applicant) must have no near relatives living outside Australia who are not Australian citizens, permanent residents or eligible New Zealand citizens.
Who is a “near relative”?
A “near relative” includes your:
Parent(s) or step-parent(s)
Partner’s parent(s) or step-parent(s)
Sibling(s) or step-sibling(s)
Child or stepchild (18 years old or older) and not dependent on you
Child or stepchild (under 18 years old) and not in your or your partner’s daily care and control
The amount of contact you have with someone is not considered part of the visa assessment.
How Your Child Can Be Included in My SC115/835 Application?
Applicants with overseas dependent children are usually not eligible for an SC 115/835 visa. However, according to the definition above about “near relative“, if you have a child overseas, and:
If your child is dependent on you (if above 18 years old) or is in your daily care and control (if under 18 years old)
This child is not considered a “near relative” and may be included as a dependent on the SC 115/835 visa application.
Provided you meet the “no other near relatives” test in all other aspects (parents, siblings and children are either in Australia or non-existent). You are eligible to apply for the SC 115/835 visa as long as you meet the other visa requirements, including health and character.
Alternatively, if you lodge your SC 115/835 visa application (having met the “no other near relatives” test at the time of lodgement) and subsequently have a child born to you after your application is lodged but before a decision is made on your visa, that newborn child can typically be added to your current pending application.
Related:
How Can Agape Henry Crux Help You?
If you are unsure about any aspects of the Remaining Relative Visa (Subclass 115/835) criteria and process, speak with our team of immigration lawyers for accurate and up-to-date advice and guidance. Book a Migration Planning Session with one of our immigration lawyers or Accredited Specialists in Immigration Law to seek professional advice by calling 02-8310-5230 or emailing us to book a time at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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