Can You Get a Subclass 115 Visa After a Visa Cancellation or Removal in 2026?
Whether a cancelled visa, removal or re-entry ban blocks a Subclass 115 Remaining Relative application in 2026, and what the special return criteria require.
A cancellation or removal from Australia does not automatically end your chances of a Remaining Relative visa (Subclass 115), but it moves the application into a stricter set of tests. According to the Department of Home Affairs "Remaining Relative visa (Subclass 115)" official page (as at July 2026), the Department will consider your immigration history when it decides the application, which means you might not be eligible if you have had a visa cancelled or refused. The same page states that in some circumstances you may still apply for a permanent visa after a cancellation or refusal, and points applicants to the Department's "Limitations on applications in Australia" material (Form 1026i) and, for applicants outside Australia, to its "Can I go to Australia — re-entry ban" information.
The tests that matter are the special return criteria in the Migration Regulations 1994, any re-entry ban that followed your removal, and the point at which the history is serious enough that professional legal advice is worth paying for.
What does the Subclass 115 visa require before any of this comes up?
The cancellation question sits on top of the ordinary eligibility rules, so it helps to see the whole list first. Per the Department's official page you must:
- be sponsored by an eligible parent or step-parent, sibling or step-sibling, or an eligible partner of your relative, and have that sponsorship approved;
- have no near relative — for you or your partner — who usually lives outside Australia, or who lives in Australia on a temporary visa (bridging visas included) and is not an Eligible New Zealand citizen, or unlawfully;
- be able to obtain an assurance of support, which assures the Government you will not need to rely on government assistance after you arrive;
- meet the health requirement and the character requirement, including for family members who apply with you;
- have repaid, or have an approved arrangement to repay, any debt to the Australian Government;
- sign the Australian values statement if you are 18 or over.
The visa will also not be granted if doing so would not be in the best interests of an applicant under 18. Under the Migration Regulations 1994, the applicant must be outside Australia when the visa is granted, which is why a removal history and any re-entry ban matter so much for this subclass.
Does a cancelled visa or removal disqualify you automatically?
No — the official page does not describe an automatic bar. It says the Department will consider your immigration history, and that this "might" make you ineligible. The outcome turns on why the visa was cancelled or how you left Australia, not on the bare fact that a cancellation appears in your record.
Where a cancellation happened while you were in Australia, the Department's "Limitations on applications in Australia" material is the reference point for whether you may still apply for a permanent visa. Where you were removed and now live overseas, the more likely obstacles are the special return criteria and the re-entry ban.
What are the special return criteria, and do they apply to you?
The special return criteria are the set of rules that ask whether your past conduct in Australia should count against you. For Subclass 115, clause 115.224 requires that, if you have previously been to Australia, you satisfy special return criteria 5001 and 5002. Broadly, 5001 concerns whether your visa was cancelled or you were removed from Australia for specified reasons, and 5002 concerns whether you were unlawful in Australia or breached visa conditions. The precise grounds are set out in Schedule 5 of the Migration Regulations 1994, so the wording of that schedule — as currently published on the Federal Register of Legislation — is what governs your case, not a summary of it.
| Test | What it looks at | Where it applies to Subclass 115 |
|---|---|---|
| Special return criterion 5001 | Whether your visa was cancelled, or you were removed from Australia, for specified reasons | Clause 115.224, if you have been to Australia before |
| Special return criterion 5002 | Whether you were unlawful in Australia or breached visa conditions | Clause 115.224, if you have been to Australia before |
| Public interest criterion 4001 | Character | Clause 115.223 at time of decision |
| Public interest criterion 4020 | Whether you gave false or misleading information or documents | Clause 115.223 at time of decision |
Two features catch people out. First, these are decision-time criteria, so the assessment happens when the case is decided rather than when you lodge. Second, family members who apply with you must satisfy the same public interest and special return criteria, and the Department's policy guidance describes a "one fails, all fail" outcome for the application as a whole.
If you were removed, does a re-entry ban stop the application?
A re-entry ban bears on whether and when you can travel to Australia, and the official page treats it as part of the immigration history the Department weighs; whether it also affects the decision on your application depends on the ban imposed in your case. Because Subclass 115 is granted while you are outside Australia, it is entirely possible to hold a grant you cannot yet use. The official page directs offshore applicants to the "Can I go to Australia — re-entry ban" information, which is where the ban periods and the way your last visa ended are set out. How long a ban runs depends on the circumstances of the cancellation or removal, so check the current published terms on that page for your situation.
What if the cancellation belonged to a family member, not to you?
It can still matter. Under clauses 115.226 and 115.324, family members applying with you must meet the relevant public interest criteria and, where applicable, the special return criteria; the regulations also require non-migrating family members to satisfy public interest criteria 4001 to 4005, which cover character and health, unless the Minister considers it unreasonable to require that assessment. So a partner's overstay, or a cancellation recorded against an adult child included in the application, can affect the result even where your own record is clean.
When should you get professional legal advice instead of applying on your own?
The Department's official page says that if you want immigration assistance, see its "Who can help with your visa application" information. Situations where that is usually money well spent include: you were removed or deported; the cancellation followed a character finding or an allegation of false documents; a previous application was refused with an adverse public interest criterion finding; you are unsure whether a re-entry ban still runs; or a family member's history is entangled with yours.
Suppose an applicant was removed after a visa cancellation and now has an eligible sibling in Australia who is willing to sponsor. That applicant can still be assessed, but the case has to clear the special return criteria, any re-entry ban, the character requirement and the "remaining relative" definition at the same time — which is a lot of moving parts to manage unaided.
This article is general information about how the rules fit together and is not advice about your individual circumstances; for that, rely on the official pages and on a professional who can look at your actual record.
Frequently Asked Questions
Can I apply for Subclass 115 if my visa was cancelled years ago?
Yes, you can apply — a past cancellation does not create an automatic bar under the Department of Home Affairs official page for this visa. The Department will weigh your immigration history, and the further back the cancellation sits, the more the assessment tends to turn on what the cancellation was for and what has happened since. Whether you can be granted is a separate question from whether you can lodge.
Does being removed from Australia permanently ban me from the 115 visa?
A removal does not permanently disqualify you, but it triggers the special return criteria under clause 115.224 and may trigger a re-entry ban. The re-entry ban bears on when you can travel to Australia; whether it also affects the decision on your application depends on the ban imposed in your case, which is why the official page points offshore applicants to that information.
What exactly are the special return criteria?
They are rules in Schedule 5 of the Migration Regulations 1994 that ask whether your past conduct in Australia should count against a new visa. For this subclass, criteria 5001 and 5002 apply if you have previously been to Australia, covering cancellation or removal for specified reasons, and unlawful presence or breaches of visa conditions.
Do I need to be outside Australia for this visa?
Yes. The Migration Regulations 1994 require the applicant to be outside Australia when the Subclass 115 visa is granted, and the visa is applied for from outside Australia. This is why a removal and any resulting re-entry ban have such a direct effect on whether a grant is actually usable.
Will an older visa refusal count against a 115 application?
It can. The official page treats a cancelled visa and a refused application the same way for this purpose: the Department will consider your immigration history and you might not be eligible as a result. The weight given depends on the reason for the refusal.
Does a family member's visa cancellation affect my application?
It can, because family members who apply with you must also satisfy the public interest criteria and, where relevant, the special return criteria. The Department's policy guidance treats the failure of one family member as capable of affecting the whole application.
When is professional legal advice worth getting?
Get advice where your history involves removal, a cancellation after a character or false-information finding, an unclear re-entry ban, or a family member with their own adverse history. These are the cases where the criteria interact, and where a mistake in how the history is presented is hardest to undo later.