Subclass 115 — Remaining Relative

115.1—Interpretation

Note: Australian relative, dependent child, eligible New Zealand citizen and settled are defined in regulation 1.03. Remaining relative is defined in regulation 1.15. De facto partner is defined in section 5CB of the Act (also see regulations 1.09A and 2.03A) and spouse is defined in section 5F of the Act (also see regulation 1.15A).

115.2—Primary criteria

Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

115.21—Criteria to be satisfied at time of application

115.211

The applicant is a remaining relative of an Australian relative for the applicant.

115.212

The applicant is sponsored:

(a) if the Australian relative has turned 18 and is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen—by the Australian relative; or

(b) by the spouse or de facto partner of the Australian relative if:

(i) the spouse or de facto partner cohabits with the relative; and

(ii) the spouse or de facto partner is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and

(iii) the spouse or de facto partner has turned 18.

115.22—Criteria to be satisfied at time of decision

115.221

The applicant continues to satisfy the criterion in clause 115.211.

115.222

A sponsorship of the kind mentioned in clause 115.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application. Note: The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in clause 115.212.

115.223 The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and

(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

115.224 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

115.225 The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

115.226

(1) Each person who is covered by subclause (2), (3) or (4):

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and

(b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and

(c) if the person has previously been in Australia—satisfies special return criteria 5001 and 5002.

(2) This subclause covers a person:

(a) who is a member of the family unit of the applicant (the primary applicant); and

(b) who is also an applicant for a Subclass 115 visa.

(3) This subclause covers a person (the relevant person) if:

(a) the relevant person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant; and

(b) the relevant person is an applicant for a Subclass 115 visa; and

(c) the Minister is satisfied that one or more of the following has experienced family violence committed by the primary applicant:

(i) the relevant person;

(ii) a member of the family unit of the relevant person who has made a combined application with the relevant person or with the primary applicant;

(iii) a dependent child of the relevant person or of the primary applicant.

Note: For special provisions relating to family violence, see Division 1.5.

(4) This subclause covers a person if:

(a) the person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and

(b) the person is an applicant for a Subclass 115 visa; and

(c) the person is a member of the family unit of a person covered by subclause (3).

115.226A

(1) Each person:

(a) who is a member of the family unit of the applicant; and

(b) who is not an applicant for a Subclass 115 visa;

satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

(2) Each person:

(a) who was, at the time of application, a member of the family unit of the applicant but is no longer a member of the family unit of the applicant; and

(b) who is a member of the family unit of a person covered by subclause 115.226(3) or (4); and

(c) who is not an applicant for a Subclass 115 visa;

satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

115.227

If a person (in this clause called the additional applicant):

(a) is a person covered by subclause 115.226(2), (3) or (4); and

(b) has not turned 18; and

(c) made a combined application with the applicant—

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

115.229

If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

115.3—Secondary criteria

Note: These criteria are for applicants seeking to satisfy the secondary criteria.

115.31—Criteria to be satisfied at time of application

115.311

(1) The applicant:

(a) is a member of the family unit of, and made a combined application with, a person (the primary applicant) who satisfies the primary criteria in Subdivision 115.21; or

(b) is a member of the family unit of a person covered by subclause (2).

(2) This subclause covers a person (the relevant person) if:

(a) the relevant person was, at the time of the relevant person’s application for the visa, the spouse or de facto partner of the primary applicant; and

(b) the relevant person made a combined application with the primary applicant; and

(c) the relationship between the relevant person and the primary applicant has ceased; and

(d) one or more of the following has experienced family violence committed by the primary applicant:

(i) the relevant person;

(ii) a member of the family unit of the relevant person or the primary applicant;

(iii) a dependent child of the relevant person or primary applicant.

Note: For special provisions relating to family violence, see Division 1.5.

115.312

(1) A sponsorship of the kind mentioned in clause 115.212 of the person who satisfies the primary criteria, approved by the Minister:

(a) is in force; and

(b) includes sponsorship of the applicant.

(2) Subclause (1) does not apply if paragraph 115.311(1)(b) applies to the applicant.

115.32—Criteria to be satisfied at time of decision

115.321

(1) The applicant meets the requirements of subclause (2), (3), (4) or (5).

(2) The applicant meets the requirements of this subclause if the applicant:

(a) is the member of the family unit of a person (the primary applicant) who holds a Subclass 115 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and

(b) made a combined application with the primary applicant.

(3) The applicant meets the requirements of this subclause if:

(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 115 visa, and the primary applicant has since been granted that visa; and

(b) the relationship between the primary applicant and the applicant has ceased; and

(c) one or more of the following has experienced family violence committed by the primary applicant:

(i) the applicant;

(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;

(iii) a dependent child of the applicant or of the primary applicant; and

(d) the applicant entered Australia after the applicant’s visa application was made.

(4) The applicant meets the requirements of this subclause if:

(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 115 visa; and

(b) the relationship between the primary applicant and the applicant has ceased; and

(c) one or more of the following has experienced family violence committed by the primary applicant:

(i) the applicant;

(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;

(iii) a dependent child of the applicant or of the primary applicant; and

(d) the applicant entered Australia after the applicant’s visa application was made; and

(e) the Minister has decided to refuse to grant the primary applicant the visa for reasons including that the primary applicant had engaged in conduct involving family violence (whether or not the family violence was against a person mentioned in paragraph (c)).

(5) The applicant meets the requirements of this subclause if:

(a) the applicant is a member of the family unit of a person (the secondary applicant) who meets the requirements of subclause (3) or (4); and

(b) the applicant has made a combined application with the secondary applicant or the primary applicant mentioned in subclause (3) or (4) (whichever applies to the secondary applicant); and

(c) a Subclass 115 visa has since been granted to the secondary applicant. Note: For special provisions relating to family violence, see Division 1.5.

115.322

(1) The applicant is sponsored:

(a) by an Australian relative for the applicant, an Australian relative for the primary applicant mentioned in subclause 115.321(2), (3) or (4) or an Australian relative for an applicant who meets the requirements of subclause 115.321(3) or (4), if the relative:

(i) has turned 18; and

(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or

(b) by the spouse or de facto partner of the relative, if the spouse or de facto partner:

(i) has turned 18; and

(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and

(iii) cohabits with the Australian relative.

(2) The sponsorship is approved by the Minister and is in force.

115.323

The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and

(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

115.324

If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

115.325

The Minister is satisfied that:

(a) the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of Social Services; or

(b) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

115.326

If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

115.327

(1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 115.321(3) or (4).

(2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 115 visa satisfies:

(a) public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and

(b) special return criteria 5001 and 5002.

(3) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 115 visa and who has turned 18 at the time of application satisfies public interest criterion 4019.

(4) Public interest criteria 4015 and 4016 are satisfied in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 115 visa and who has not turned 18 at the time of decision.

(5) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 115 visa:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to that criterion.

115.4—Circumstances applicable to grant

115.411

The applicant must be outside Australia when the visa is granted. Note: The second instalment of the visa application charge must be paid before the visa can be granted.

115.5—When visa is in effect

115.511

Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

115.6—Conditions

115.611

First entry must be made before a date specified by the Minister for the purpose.

115.612

Either or both of conditions 8502 and 8515 may be imposed.