Who Can Sponsor a Subclass 835 Applicant in 2026?
Eligible subclass 835 sponsors in 2026: permitted relatives and partners, age and status tests, evidence and Home Affairs approval.
As at July 2026, the Australian Government Department of Home Affairs’ official Remaining Relative visa (subclass 835) page states that an applicant can be sponsored by an eligible parent or step-parent, sibling or step-sibling, or the eligible spouse or de facto partner of that relative. Subdivision 835.2 of the Migration Regulations 1994 requires the sponsor to have turned 18, be a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen, and usually reside in Australia. A spouse or de facto partner of the relevant relative must also live with that relative. This article provides general legal information rather than personalised advice; individual circumstances should be checked against the current official requirements or advice from an appropriately qualified legal professional.
Which relatives and partners can sponsor a subclass 835 applicant?
Subclass 835 limits the sponsor relationship to the categories below:
| Potential sponsor | Relationship requirement |
|---|---|
| Parent or step-parent | The sponsor must be the applicant’s parent or step-parent. |
| Sibling or step-sibling | The sponsor must be the applicant’s sibling or step-sibling. |
| Spouse or de facto partner of a parent, step-parent, sibling or step-sibling | The spouse or de facto partner may sponsor the applicant, but the connection must be through one of these permitted relatives. |
These are the eligible relationship categories, not automatic approvals. Each proposed sponsor must independently satisfy the age, status, residence and sponsorship-approval requirements and must comply with the prior-sponsorship restriction in regulation 1.20K, including its application to prior sponsorship for subclasses 104, 115, 806 and 835.
What must every proposed sponsor satisfy?
Under the official eligibility and application requirements, a subclass 835 sponsor must:
- Be at least 18 years old.
- Have an eligible status: a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen.
- Usually reside in Australia.
- Live with the relevant relative if sponsoring as that relative’s spouse or de facto partner.
- Have the sponsorship approved by Home Affairs.
The relationship to the applicant therefore does not remove the individual sponsor’s statutory requirements. Australian permanent residence alone is not the complete test.
Can a relative’s spouse or de facto partner be the sponsor?
Yes. Subdivision 835.2 expressly allows the spouse or de facto partner of the relevant Australian relative to sponsor the applicant.
The partner is not relying solely on the relative’s position. The partner must themselves:
- have turned 18;
- be a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen;
- usually reside in Australia; and
- live with the parent, step-parent, sibling or step-sibling through whom the sponsorship is connected.
A partner of someone outside those relationship categories does not qualify merely because that person is connected to the applicant.
What evidence is required for the proposed sponsorship?
The sponsor must complete Form 40 — Sponsorship for migration to Australia as part of the official subclass 835 application process.
Evidence relevant to the sponsorship may include:
- birth certificates;
- marriage certificates;
- death certificates;
- adoption certificates;
- officially issued and maintained family status certificates or family books;
- a citizenship certificate;
- a passport; and
- a valid visa for an eligible New Zealand citizen.
The evidence must establish both the relevant relationship and the sponsor’s eligible status. Where the sponsor is a spouse or de facto partner of the relative, the application must also substantiate that living arrangement. The precise evidence depends on the relationship being claimed.
Does completing Form 40 mean the sponsorship has been approved?
No. Sponsorship approval is a separate legal requirement, even though Form 40 forms part of the official application process.
The Home Affairs eligibility page expressly states that the Department must approve the sponsorship. Under regulation 835.227, the sponsorship must be approved and remain valid when the visa decision is made. Completing the form, paying any required costs or lodging the application does not replace that approval.
Approval of sponsorship also remains distinct from the visa decision. It establishes one element of the application; it does not override the applicant’s other eligibility requirements or guarantee a subclass 835 grant.
Does an eligible sponsor establish the applicant’s remaining-relative status?
No. The identity of a potential sponsor and the applicant’s status as a remaining relative are assessed separately.
The Department of Home Affairs’ Remaining Relative visa (subclass 835) page states that the visa will not be granted where the applicant or their partner has a near relative who:
- usually lives outside Australia;
- lives in Australia on a temporary visa and is not an eligible New Zealand citizen; or
- lives in Australia unlawfully.
Bridging visas are included among temporary visas for this criterion. An eligible parent, sibling or qualifying partner can therefore satisfy the sponsorship element without curing a separate failure under the remaining-relative test.
Other independent requirements include an assurance of support, health and character requirements, payment or an approved arrangement for payment of any debt owed to the Australian Government by the applicant or a family member, the Australian values requirement if the applicant is 18 years of age or older, and the best-interests-of-the-child requirement if the applicant is under 18. An assurance of support is also separate from the Form 40 sponsorship: the Department will advise when the assurance must be provided.
What is the correct way to assess a proposed sponsor?
A subclass 835 sponsorship assessment should proceed through distinct but connected questions:
- Is the sponsor connected to the applicant as a permitted parent, step-parent, sibling or step-sibling, or as the spouse or de facto partner of one of those relatives?
- Is the sponsor at least 18 and an eligible Australian citizen, Australian permanent resident or New Zealand citizen?
- Are the settled-status and usual-residence requirements satisfied?
- If the sponsor is the relative’s partner, do they live with that relative?
- Do the available documents substantiate the relationship and status?
- Will Home Affairs approve the sponsorship before the visa decision, with the sponsorship still valid at that time?
- Does the applicant independently satisfy the remaining-relative and all other visa requirements?
This sequence prevents a qualifying relationship or an apparently suitable status from being mistaken for complete sponsorship eligibility.
Frequently Asked Questions
Can a step-parent or step-sibling sponsor?
Yes. A step-parent or step-sibling is expressly included in the permitted relationship categories. The individual must still meet every age, status, residence and sponsorship-approval requirement.
Can a sibling’s spouse or de facto partner sponsor?
Yes, if the sibling is the applicant’s sibling or step-sibling. The spouse or de facto partner must independently meet the eligibility requirements, usually reside in Australia and live with that relative.
Does a sponsor have to be an Australian permanent resident?
No. The permitted choices are a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen. The sponsor must also usually reside in Australia.
Is turning 18 enough to become an eligible sponsor?
No. The minimum age is 18, but age alone does not establish eligibility. The relationship, status, residence and sponsorship-approval requirements must also be met.
Does completing Form 40 approve the sponsorship?
No. Form 40 is the sponsorship form required in the official application process. Home Affairs must approve the sponsorship, and under regulation 835.227 it must be approved and still valid when the visa decision is made.
Does approval of the sponsorship guarantee a subclass 835 visa?
No. Sponsorship approval establishes one element of the application. The applicant must independently satisfy the remaining-relative and other requirements, including assurance of support, health and character.
Does an eligible sponsor prove that the applicant is a remaining relative?
No. The identity of the sponsor and the remaining-relative test are separate enquiries. Home Affairs assesses the applicant’s and their partner’s broader family circumstances under the remaining-relative test.