What Counts as a 'Near Relative' for Subclass 835 in 2026?
Explains who counts as a near relative under reg 1.15 and how overseas residence can block a Subclass 835 application in 2026.
Under regulation 1.15 of the Migration Regulations 1994, a “near relative” is a person’s parent, brother or sister, step-parent, step-brother or step-sister, spouse or de facto partner, child, or child of their step-parent. The Australian Government Department of Home Affairs’ official Remaining Relative visa (Subclass 835) page confirms, as at July 2026, that one such relative who usually lives outside Australia can prevent the visa being granted. This is general information, not personalised legal advice; an individual matter should be checked against the current law, Home Affairs’ assessment and, where necessary, independent legal advice.
Which relationships count under regulation 1.15?
The test uses a defined list of relationships rather than every possible family connection. For Subclass 835, it covers:
- a parent;
- a brother or sister;
- a step-parent;
- a step-brother or step-sister;
- a spouse or de facto partner;
- a child; and
- a child of the person’s step-parent.
The relationship and the relative’s residence are separate questions. A person can be a near relative even if they have never lived with the applicant, maintain a separate household or have no regular contact with them.
The test must also be applied to the near relatives of the applicant and the applicant’s partner. A partner’s parent, sibling, child or other listed relationship is therefore not excluded from consideration merely because the connection is through the partner.
Can one near relative usually living overseas prevent the grant?
Yes. For this eligibility criterion, the Department’s wording is not a balancing exercise. It does not matter that several other close relatives live in Australia if the applicant or their partner has one near relative who usually lives outside Australia.
For example, assume an applicant’s de facto partner ordinarily lives in Suva. The partner is a listed near relative, and their usual residence outside Australia is sufficient to engage the exclusion. Having additional parents, siblings or children already in Australia would not, by itself, cancel that result.
The same reasoning applies where a sibling has always lived in a separate household. The relevant questions are whether the person is a near relative and whether they usually live outside Australia—not whether they share the applicant’s home.
What happens when the near relative is in Australia?
Being physically present in Australia does not necessarily resolve the issue. Visa status can independently engage the exclusion.
| Position of the near relative | Effect under the published near-relative test |
|---|---|
| Usually lives outside Australia | The overseas-residence exclusion applies regardless of citizenship |
| Lives in Australia on a temporary visa, including a bridging visa, and is not an eligible New Zealand citizen | The temporary-visa exclusion applies |
| Lives in Australia unlawfully | The exclusion applies |
| Lives in Australia as an Australian citizen or permanent resident | This particular exclusion is not engaged on those facts alone |
| Is an eligible New Zealand citizen in Australia | The Department expressly excepts an eligible New Zealand citizen from the temporary-visa limb |
Accordingly, a relative’s presence in Australia is not enough. The analysis must establish both where the person usually lives and, when they live in Australia, their status.
How should “usually lives outside Australia” be understood?
“Usually lives” concerns a person’s ordinary residence, not citizenship or the location of an extended family network. An Australian citizen or permanent resident who ordinarily lives in another country can still engage the exclusion.
A temporary visit does not automatically make a person a usual resident of Australia. Assume a sibling ordinarily lives in Toronto but is visiting Melbourne when the application is considered. The visit alone does not answer the usual-residence question, so the overseas limb remains relevant.
Conversely, a parent who has moved to Australia but holds only a temporary visa may no longer have their usual residence outside Australia, yet can still engage the exclusion because of their Australian visa status.
The test is therefore fact-specific. It should not be reduced to a person’s nationality, visa label or physical location on a particular day.
How should the family-network analysis be applied?
Keep three questions separate when examining the applicant and partner:
-
Is the person a listed near relative?
Check the relationship under regulation 1.15 rather than assuming that every family member is covered or that none are. -
Where does the person usually live?
Ordinary residence must be considered separately from temporary travel or a short absence. -
If the person lives in Australia, what is their status?
A temporary visa, including a bridging visa, or unlawful residence can prevent eligibility even though the person is in Australia.
Run the same process separately for the applicant and the partner. Do not stop the review after finding one Australian permanent-relative family member, because each listed relationship must be considered for the overseas and Australian-status exclusions.
Does an Australian sponsor solve the problem?
No. Sponsorship and the remaining-relative test are separate requirements. Home Affairs must approve the sponsor, but the presence of a qualifying sponsor does not waive a disqualifying near relative of the applicant or partner.
Passing the near-relative analysis also does not establish overall eligibility. The official page separately requires an assurance of support and compliance with the health, character, financial, sponsorship and other applicable requirements.
Frequently Asked Questions
Does a sibling living overseas count if they have their own household?
Yes. A brother or sister is expressly included in the near-relative definition, regardless of whether they live with the applicant. One sibling who usually lives outside Australia can prevent the visa being granted.
Can my partner’s overseas parent prevent eligibility?
Yes. The Department applies the test to a near relative of either the applicant or the partner. A parent who usually lives outside Australia therefore falls within the exclusion even though the relationship is through the partner.
Do step-parents, step-siblings and children of step-parents count?
Yes. Regulation 1.15 expressly includes a step-parent, step-brother or step-sister, and child of a step-parent. Their usual residence and status in Australia must be tested under the same rule.
Does Australian citizenship protect a relative who lives overseas?
No. The first exclusion turns on where the near relative usually lives, not citizenship alone. An Australian citizen parent, sibling, spouse or child who ordinarily lives outside Australia can still prevent the grant.
Is a parent living in Australia on a bridging visa still a problem?
Yes. The official eligibility page expressly includes bridging visas among temporary visas. Unless the parent is an eligible New Zealand citizen, a parent in Australia on a temporary visa can prevent the visa being granted.
Does one overseas relative matter even if every other relative has Australian status?
Yes. This is not a points test or a balancing exercise. One listed near relative of either the applicant or partner who usually lives outside Australia is enough to engage the exclusion.
Does an eligible Australian sponsor remove the overseas-relative problem?
No. Sponsorship and the remaining-relative requirement are assessed separately. Even where the sponsor is eligible and sponsorship is approved, another near relative in a disqualifying position can still prevent the visa being granted.