Remaining relative - sub class 835

[kpnuts]

Hi
My wife and I are currently in Australia and waiting the finalising of our CPV 143 which should be around July 2017. I have two daughters, one who is already a Permanent Resident and the other who is currently on a Student Visa. Myself and partner have no other children but do have sisters, brothers and one remaining grandparent in the UK.

Once we get our 143's, the daughter who is on the Student Visa intends to apply for a Remaining Relative visa as we are our only close family and near relatives. I know the waiting time is quite lengthy and things may change in between times but this is the only route through at the moment. She currently does not meet the requirements for a Skilled Visa and a 457 or associated visa is fairly unlikely at this time.

I have heard from two sources that IMMI will not look at the Remaining Relative visa on the grounds that she still has aunts, uncles etc in the UK. However, my reading of the Migration Regs 1994, Div 1.2, para 1.15 does not refer to extended relatives. The only two definitions that I see apply is that of a 'Close Relative' or 'Near Relative'.

If this is the legislation as it stands at the moment then clearly I feel it would be appropriate to challenge any refusal should the case be made around the issue of an extended family.

I would appreciate the views of a Migration Agent who has specialised knowledge in the aspect - thank you

[nvoorst]

Who is your near relative?

Your near relative is your parent or your partner's parent (including biological and step-parent), brother, sister, stepbrother or stepsister; child (including stepchild) who has turned 18 and is not a dependent child; or child (including stepchild) who has not yet turned 18 years of age and is not in your or your partner's daily care and control.

[kpnuts]

Originally Posted by nvoorst

Who is your near relative?

Your near relative is your parent or your partner's parent (including biological and step-parent), brother, sister, stepbrother or stepsister; child (including stepchild) who has turned 18 and is not a dependent child; or child (including stepchild) who has not yet turned 18 years of age and is not in your or your partner's daily care and control.

Except for my two daughters, my other near relatives would be my sister, a father-n-law and 6 other brother/sister in-laws who reside in the UK.

I am presuming that the visa application would be made by my daughter, in which case her only remaining near relatives are myself, my wife and her sister & husband all of whom are residing in Australia.

[nvoorst]

Originally Posted by kpnuts

Except for my two daughters, my other near relatives would be my sister, a father-n-law and 6 other brother/sister in-laws who reside in the UK.

I am presuming that the visa application would be made by my daughter, in which case her only remaining near relatives are myself, my wife and her sister & husband all of whom are residing in Australia.

That is correct. Take note that all "near relatives" must be "usually resident" in Australia and that the sponsor must be a "settled" Australian citizen or permanent resident.

"Settled", in relation to an Australian citizen or an Australian permanent resident , means lawfully resident in Australia for a reasonable period.

[kpnuts]

Originally Posted by nvoorst

That is correct. Take note that all "near relatives" must be "usually resident" in Australia and that the sponsor must be a "settled" Australian citizen or permanent resident.

"Settled", in relation to an Australian citizen or an Australian permanent resident , means lawfully resident in Australia for a reasonable period.

Thank you Nick, that confirms my understanding. It's not the best route for her but perhaps the only one for now.

[nvoorst]

Originally Posted by kpnuts

Thank you Nick, that confirms my understanding. It's not the best route for her but perhaps the only one for now.

Other opportunities may arise in the future...