Australian Migration Lawyers for Remaining Relative Visa (Subclass 115)

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Daniel Moya

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    Our Services for Your Remaining Relative (Subclass 115) Visa

    Subclass 115 Eligibility & Sponsor Assessment

    We assess your eligibility as a “remaining relative” and ensure your Australian sponsor meets all “settled” relative and sponsorship criteria.

    Application & Assurance of Support Guidance

    Our lawyers guide you in preparing your Subclass 115 application and assist with the requirements for the Assurance of Support.

    Offshore Application & Document Lodgement

    We manage the preparation and paper-based lodgement of your complete Subclass 115 visa application, as it must be made from outside Australia.

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    We encourage a free 15-minute call to discuss your situation &  map out a path to securing your Subclass 115 Remaining Relative Visa.

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    Qualifying as a "Remaining Relative"

    The Subclass 115 visa is for those outside Australia with their only near relatives (parents, siblings, non-dependent children) settled in Australia as citizens, permanent residents, or eligible NZ citizens. You must have no other near relatives living elsewhere.

    Your Australian relative must sponsor you and provide an “Assurance of Support,” confirming financial backing. Meeting these strict “sole relative” and sponsorship rules, plus health and character checks, is essential given the very long processing queues for this visa.

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    Why Choose Moya Migration Law for Your Remaining Relative (Subclass 115) Visa?

    The Subclass 115 Remaining Relative visa involves complex criteria and exceptionally long processing times. Moya Migration Law offers meticulous application preparation, expert guidance on the strict “sole relative” rules, and dedicated support throughout this lengthy journey to reunite your family in Australia.

    Expertise in Remaining Relative (115) Visas

    Our lawyers have a deep understanding of the Subclass 115 visa, its stringent eligibility for applicants and sponsors, and the paper-based offshore application process.

    Client-Focused & Long-Term Support

    We provide personalised guidance, understanding the emotional importance of this visa and offering clear communication throughout the very long waiting period.

    Meticulous Application & Document Preparation

    We ensure your Subclass 115 application is flawlessly prepared with all required evidence, crucial for a visa with such extensive processing times.

    In-Depth Migration Law Knowledge

    Our thorough knowledge of the Migration Act 1958 (Cth) and “Assurance of Support” requirements ensures your application is expertly managed for the best chance of success.

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    Our 5-Step Remaining Relative (Subclass 115) Visa Process

    Applying for the Subclass 115 Remaining Relative visa requires meticulous preparation and long-term planning. Moya Migration Law guides you through our structured process, ensuring your offshore application is comprehensively prepared to meet all strict criteria.

    1

    Initial Consultation & Eligibility Assessment

    We thoroughly review your family circumstances and your Australian relative’s status to confirm eligibility for the Subclass 115 visa and sponsorship.

    2

    Document Collation & Assurance of Support

    Our team assists in gathering all required identity, character, and relationship documents, and guides your sponsor through the Assurance of Support process.

    3

    Meticulous Offshore Application Preparation

    We expertly prepare your paper-based Subclass 115 visa application and detailed submissions, ensuring all information is accurate and complete.

    4

    Application Lodgement & Acknowledgement

    We manage the lodgement of your complete application package by post from outside Australia and confirm its acknowledgement by the Department.

    5

    Long-Term Case Management & Guidance

    Given extensive processing times, we provide ongoing guidance, manage any Department communications, and update you through to the final visa decision.

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    Principal Lawyer Daniel Moya

    Meet Daniel Moya, Your Remaining Relative Visa Lawyer

    Moya Migration Law is led by Principal Lawyer Daniel Moya, who offers expert guidance for complex family visas like the Subclass 115 Remaining Relative visa. With over two decades in Australian migration law since 2002, Daniel understands the importance of these applications for family reunification.

    Daniel is committed to providing meticulous preparation and clear advice for your Subclass 115 visa. He appreciates the significant commitment and patience required, offering dedicated support throughout the lengthy process. Daniel also provides legal assistance in Spanish.

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    Applying for the Subclass 115 Visa & Processing

    Subclass 115 applications must be lodged by paper from outside Australia, and you must also be offshore when a decision is made. This visa is subject to capping, meaning only a limited number are granted each year, leading to extremely long processing times – potentially 24 years or more.

    Given these extensive waits and the fact that an incomplete application can cause further delays or refusal after years of waiting, meticulous preparation and full compliance with all requirements from the outset is absolutely critical for any chance of success.

    Choosing Your Remaining Relative Visa: 115 or 835?

    Australia offers two Remaining Relative visa subclasses: the offshore Subclass 115 and the onshore Subclass 835. The primary difference is your location at the time of application and decision.

    The Subclass 115 visa requires you to be outside Australia when you apply and when the visa is granted. Conversely, the Subclass 835 is for applicants inside Australia at both these stages. Selecting the correct subclass based on your circumstances is fundamental to a valid application.

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    Frequently Asked Questions About Remaining Relative Visa (Subclass 115)

    The Subclass 115 visa is a permanent visa allowing individuals whose only near relatives are in Australia to move here and live with them. Applicants must be outside Australia when applying and when the visa is decided.

    Near relatives include parents/step-parents, siblings/step-siblings, and non-dependent children (over 18, or under 18 not in your daily care). Your partner’s near relatives are also considered.

    A “settled” sponsor is an Australian citizen, permanent resident, or eligible NZ citizen who is usually resident in Australia, generally for at least two years.

    It’s a legal commitment where your sponsor (or another eligible person) agrees to provide you with financial support upon your arrival, so you don’t rely on government assistance.

    Yes, you can typically include members of your immediate family unit (like your partner and dependent children) in your Subclass 115 visa application.

    Processing times are extremely long, potentially 24 years or more, because the number of applications far exceeds the limited places available each year (capping and queueing).

    The main cost is the Department of Home Affairs application charge (currently from AUD5,125, paid in two instalments), plus costs for health checks, police certificates, and any professional fees.

    For the Subclass 115 visa, you must be outside Australia when you lodge your application and also when the Department makes a final decision on your visa.

    Given the exceptionally long processing times, an incomplete or incorrect application can lead to significant further delays or even refusal after waiting many years, making initial accuracy vital.