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Do I Have to Be in Australia to Apply for Subclass 835 in 2026?

Subclass 835 requires you to be in Australia both when you apply and when the visa is decided, which makes it an onshore-only permanent visa.

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You must be in Australia both when you lodge a Remaining Relative visa (subclass 835) application and when the Department of Home Affairs decides it. As of July 2026, the Department’s Remaining Relative visa (subclass 835) official page and the step-by-step guide on the same page state the rule in those two places, and the Migration Regulations 1994 contain the corresponding time-of-application and time-of-decision criteria. That two-part onshore requirement is what separates subclass 835 from offshore permanent and family visas: there is no version of this subclass that you can start from outside Australia and then wait for from home.

Is the rule only about lodging, or also about the decision?

It covers both ends of the process. The official “Apply from” section says you must be in Australia when you apply and when the Department decides the application. The step-by-step guide repeats the same two points: you apply on paper and must be in Australia when you apply, and under “Visa outcome” you must be in Australia when the decision is made.

So the question is not just whether you can post a paper form from overseas. Even if an overseas lodgement were possible, the grant limb would still fail unless you are onshore at the moment of decision.

Can I lodge from outside Australia and enter later?

No. The application must be made on paper, sent to the Parent, Child and Other Family Processing Centre in Perth, Western Australia, and you must already be in Australia when you lodge it. The Migration Regulations 1994 add a related condition at time of application: you must hold a substantive visa, other than a Subclass 771 transit visa, or, if you no longer hold a substantive visa, meet the additional Schedule 3 criteria. Being physically in Australia is necessary but not by itself sufficient.

Suppose an applicant is overseas and hopes to lodge now and wait for the decision from home. Under this subclass that plan cannot work, because both the lodgement and the decision are tied to presence in Australia.

What if I travel while my application is being processed?

Travel is not forbidden, but it has to be planned around the decision rule. The Department asks you to tell it if you want to travel outside Australia while the application is processed, because you must be in Australia when the decision is made. If you leave, you must make sure you have a valid visa to return.

The practical risk is therefore not the trip itself. The risk is being outside Australia when the decision is ready, or being unable to re-enter, because the visa cannot be granted while you remain offshore.

Why is this different from visas you can apply for from outside Australia?

An offshore visa can be lodged and granted while the applicant is outside Australia, so waiting overseas is compatible with the visa’s structure. Subclass 835 is built the other way: it is an onshore-only permanent visa. The requirement to be in Australia at both lodgement and decision is a structural condition, not an administrative preference.

That changes the question an applicant has to answer. Instead of “when can I travel to Australia?”, the question becomes “how do I remain lawfully in Australia until the Department makes its decision?” Processing can be lengthy, and the subclass is subject to capping and queueing, so the onshore wait can be long.

How do you stay in Australia lawfully until the decision?

When you applied, you were granted a Bridging visa. If your current visa expires before the Department decides the application, the bridging visa starts and you can stay in Australia while the new application is processed. Do not cancel your current visa: if you do, you will be in Australia unlawfully and will not be eligible for a bridging visa.

You also have to pay the second instalment when the Department asks for it, because the visa cannot be granted until it is paid. If you travel, the same return-visa problem applies: you need a valid visa to come back and be onshore for the decision.

Because outcomes turn on individual facts, treat the above as general information only, not personalised migration or legal advice, and confirm current requirements on the official Home Affairs pages and in the Migration Regulations 1994 before making plans.

Frequently Asked Questions

Can I apply for subclass 835 while I am overseas?

No. The official page states you must be in Australia when you apply, and the step-by-step guide repeats this requirement. If you are outside Australia, you cannot lodge this subclass and then enter on it later.

Do I have to be in Australia when subclass 835 is decided?

Yes. The decision requirement is separate from the lodgement requirement: you must be in Australia when the Department decides your application. Being outside Australia at that moment means the grant condition is not met.

Can I leave Australia while my subclass 835 application is being processed?

You can travel, but you must tell the Department and make sure you hold a valid visa to return. The important point is that you must be back in Australia for the decision, so travel has to be planned around that.

What happens if I am outside Australia when the decision is made?

The visa cannot be granted while you remain offshore, because presence in Australia is required at decision time. You would need to re-enter Australia on a valid visa and be onshore for the decision to be finalised.

Is being in Australia enough to apply for subclass 835?

No. Apart from being in Australia, the Migration Regulations 1994 require you to hold a substantive visa at time of application, other than a Subclass 771 transit visa, or to meet additional Schedule 3 criteria if your substantive visa has ended. Check the official legislation for the current wording.

Will I lose my bridging visa if I travel or cancel my current visa?

The step-by-step guide says a Bridging visa is granted when you apply and starts if your current visa expires before the decision. If you cancel your current visa, you will be unlawful and not eligible for a bridging visa; travel also requires a valid visa to return.

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