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Remaining Relative (subclass 115) visa - eligibility (bridging visas?)


JosiePosie

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Hi all,

 

I'm applying for the Remaining Relative subclass 115 visa, and any input from those with experience would be appreciated:

 

All my near relatives (parents and 2 brothers) live in Australia. Parents and 1 brother have citizenship, other brother has Permanent Residency.

My query is about this passage on the Immi/Home Affairs website:

 

Quote

 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/remaining-relative-115#Eligibility

We will not grant you this visa if:

  • you or your partner have a near relative who usually live outside Australia, or
  • you or your partner have a near relative who live in Australia on a temporary visa (and are not an Eligible New Zealand citizen) or unlawfully. Temporary visas include bridging visas.

 

  •  

My brother with the Permanent Residency had a bridging visa between his working holiday visa ending and getting a skilled/ work sponsored visa, but he has since received his PR.

Does the above passage mean his previous bridging visa disqualifies me, or because he is no longer on a bridging visa I'm eligible?

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What it means is that if your brother was still on a bridging visa, you would not be eligible.

Do you realise that the processing time for this visa has a processing time of decades. During which you would have no access to any state assistance - no benefits or anything. Also, it would come with no work rights, you would need to apply for those me hope they grant. 

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As others have said, that rule applied when he was on a bridging visa, but NOT now.

However you are not allowed to be in Australia when you apply for the 115 visa, which means you will not get a bridging visa yourself. You will have to wait in your home country until the visa is granted, which will be about 30 (thirty) years from now.  

If you want to come to Australia and apply for a Remaining Relative Visa while you're in Australia, it's a different visa.   You would get a bridging visa then, but you might not  be able to work or claim benefits.  Depending where you come from, you might not get medical treatment either.   It would be a good idea to book a consultation with a migration agent to check what conditions your bridging visa would have.  The waiting time is about the same, I believe.

You can find people discussing this visa here:

https://www.pomsinoz.com/topic/204168-remaining-relative-visa-what-years-are-getting-processed-now/

Notice that the waiting times were much shorter in the past.  However every year, only a few visas are granted, so the backlog is getting longer and longer. 

Edited by Marisawright
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Thanks all! Very much appreciated. It makes sense that since he is no longer on the bridging visa, it doesn't affect me.

 

On the note of the right to work on this visa, I haven't encountered any reasons why I won't be able to work?

This is what the Immi website says about the 115 visa:

 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/remaining-relative-115#About:

With this visa you can

  • stay in Australia indefinitely
  • work and study in Australia
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1 hour ago, VERYSTORMY said:

What it means is that if your brother was still on a bridging visa, you would not be eligible.

Do you realise that the processing time for this visa has a processing time of decades. During which you would have no access to any state assistance - no benefits or anything. Also, it would come with no work rights, you would need to apply for those me hope they grant. 

Thanks VERYSTORMY - according to https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/remaining-relative-115#About, I would be able to work. Is there more info on this visa elsewhere?

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8 hours ago, rammygirl said:

 Is there any other visa you could apply for?

Sadly, no.

I'm skilled (I work in Communications) but my skills/area of work are not listed in the skills shortage lists.

I'm too old for a working holiday visa. 

I'll keep looking, though! 

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1 hour ago, JosiePosie said:

Thanks all! Very much appreciated. It makes sense that since he is no longer on the bridging visa, it doesn't affect me.

 

On the note of the right to work on this visa, I haven't encountered any reasons why I won't be able to work?

This is what the Immi website says about the 115 visa:

 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/remaining-relative-115#About:

With this visa you can

  • stay in Australia indefinitely
  • work and study in Australia

Yes you can work once you’ve got the visa approved. You may not have the right to work on the bridging visa

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Your bridging visa may not come with work rights, however you may be able to apply to have this restriction lifted if you can demonstrate financial hardship.  I'm not sure the criteria for demonstrating financial hardship, but from what I've read it seems fairly possible if you are not able to cover your living expenses with whatever income you have.

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20 hours ago, JosiePosie said:

Thanks VERYSTORMY - according to https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/remaining-relative-115#About, I would be able to work. Is there more info on this visa elsewhere?

The visa, once granted has full work rights. But, you would be on a bridging visa for decades. The bridging visa does not come with work rights. You would need to apply for those separately by showing financial hardship. 

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4 minutes ago, JosiePosie said:

Why would I be on a bridging visa? 

(I currently live in the UK.)

I think people are assuming you'll travel to Australia and apply for the onshore version of the visa while you're here - in which case you'll be on a bridging visa while you wait.

People are assuming that,  because if you apply for the 115 visa from the UK, you'll be waiting a very long time.  Not many people would settle for waiting twenty or thirty years to get their visa, but if that's fine with you, no worries. 

Edited by Marisawright
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14 minutes ago, JosiePosie said:

Why would I be on a bridging visa? 

(I currently live in the UK.)

Because you aren’t granted the visa straight away- as others have pointed out it will take 30ish years.

You cant apply offshore and then go to Australia and wait 30 years. If you want to wait in Australia you need to go to Australia on another visa (let’s call this visa A for arguments sake). With visa A you go to Australia, once there you apply for the remaining relative visa and when visa A runs out you will go onto a bridging visa until the remaining relative visa is granted. Hence why you will be on a bridging visa for 30 odd years. The bridging visa has the same conditions as the visa A- which is usually a visitor type visa which will come with (usually) no work rights.  

Seriously, consult an agent. It’s dangerous to be trapped on a bridging visa for that long with minimal health coverage. And you can’t return to the UK for treatment, once you’ve been away for a period (I’m not sure how long) you lose your residency in the UK which means you aren’t eligible for healthcare there either. 

Have you got any relatives at all in the UK? You literally have to be the last person there to qualify. Grandparents/aunts and uncles/children etc?

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11 hours ago, JosiePosie said:

Why would I be on a bridging visa? 

(I currently live in the UK.)

If you are applying in the UK, then apply and forget about it. You will probably be too old to move (unable to pass the medical by the time it is getting to grant). I know that sounds harsh, but this is a visa that is multiple decades in processing. 

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15 hours ago, JosiePosie said:

Why would I be on a bridging visa? 

(I currently live in the UK.)

You are correct, if you apply for the subclass 115 you will not receive a bridging visa. 

If you are granted a subclass 115 you will be able to enter Australia with full work rights.

The only problem with the plan is that the current processing time for a subclass 115 visa is 20 years plus. Meaning you will not be able to enter Australia on this visa until it is granted.

 

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