No Substantive Visa? The 28-Day Rule for Subclass 835 Applications in 2026
Explains what clause 835.211 and Schedule 3 criterion 3002 require if you've lost your substantive visa and want to apply for the subclass 835 visa.
Yes — but only inside a very narrow window. If you no longer hold a substantive visa, clause 835.211 of the Migration Regulations 1994 allows a Remaining Relative visa (subclass 835) application only if it is made within 28 days of the day you last held a substantive visa, and only if your last substantive visa was not a Subclass 771 (Transit) visa. That reflects the criteria set out in the Migration Regulations 1994 for subclass 835 read with the Department of Home Affairs' Remaining Relative visa (subclass 835) official page, as at July 2026. The rest of this article explains how those pieces fit together as general information; it is not advice about your own circumstances, and how the rules land for you depends on facts the Department will test.
What does clause 835.211 actually require?
Clause 835.211 sits in the part of the Regulations that sets the criteria you must meet at the time you apply. It gives two pathways.
| Your situation when you apply | What 835.211 requires |
|---|---|
| You hold a substantive visa | The visa must not be a Subclass 771 (Transit) visa |
| You no longer hold a substantive visa | You must not have held a 771 immediately before ceasing to hold a substantive visa, and you must meet Schedule 3 criterion 3002 |
The second row is the one that matters here. Losing your substantive visa does not by itself close off subclass 835 — but it moves you into Schedule 3, and Schedule 3 criterion 3002 is the 28-day requirement.
How is the 28 days counted?
The clock runs from the day you last held a substantive visa. Your application must be made within 28 days of that day — not within 28 days of when a bridging visa started, and not within 28 days of when you decided to apply.
Because this is a time-of-application criterion, it is tested against your situation on the day the application reaches the Department. Missing it cannot be repaired later by sending better documents or a stronger explanation, because the criterion has already failed.
Does a bridging visa stop the clock?
No. The criterion asks about the last substantive visa you held, so time spent on a bridging visa counts toward the 28 days rather than pausing them.
The Department's page is also clear on the practical trap: when you lodge a subclass 835 application you are granted a bridging visa, and it starts when your current visa expires. Do not cancel your current visa. If you do, you will be in Australia unlawfully and you will not be eligible for a bridging visa.
What if your last substantive visa was a Subclass 771?
Then the Schedule 3 pathway is not available to you. The Regulations exclude people whose last substantive visa was a Subclass 771 (Transit) visa: a 771 does not satisfy the first limb of 835.211, and having held a 771 immediately before ceasing to hold a substantive visa also blocks the second limb. The 28-day rule is a pathway for people who have fallen out of lawful substantive status, not a way around the transit visa exclusion.
What else has to be true at the same time?
Meeting 835.211 only gets you through the door. The other time-of-application criteria still apply:
- 835.212 — remaining relative. You must be the remaining relative of an Australian relative, assessed under regulation 1.15. In practice this turns on whether your near relatives are all in Australia as citizens, permanent residents or eligible New Zealand citizens, or are overseas.
- 835.213 — sponsorship. You must be sponsored by that Australian relative, or by their spouse or de facto partner. The sponsor must have turned 18, be a settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen, and be usually resident in Australia. A sponsoring partner must be living with the Australian relative.
- Sponsorship limits. Under regulation 1.20K, an Australian relative (or their partner) who has previously been granted or successfully sponsored someone for a subclass 104, 115, 806 or 835 visa cannot sponsor again, and at the time of decision clause 835.227 requires that the sponsorship has been approved and is still in force.
At the time of decision, further criteria apply, including 835.221 (continuing to meet the remaining relative test), 835.222 (an assurance of support accepted by the Secretary of Social Services), and 835.223 (the public interest criteria). You must also be in Australia when the decision is made.
What happens if you miss the 28 days?
If 835.211 is not met, the application cannot be granted on that basis. The Department's official page states that if a visa is refused it will tell you in writing why, and whether you have a right to a review of the decision. It also states that the application fee is not refunded if the application is refused.
Are there exceptions to the 28-day rule?
The Regulations approach this through Schedule 3, which sets additional criteria for applicants who no longer hold a substantive visa; the criterion identified for subclass 835 is 3002, the 28-day requirement. The Department's official page does not set out any waiver of that timing requirement. So the exception is best understood as the exception written into the structure itself: you avoid Schedule 3 altogether if you still hold a substantive visa at the time you apply, other than a 771.
How do you lodge so the timing is provable?
Subclass 835 is a paper application, and you must be in Australia when you apply.
- Complete Form 47OF Application for migration to Australia by other family members, in English.
- Have your sponsor complete Form 40 Sponsorship for migration to Australia.
- Pay the first instalment before you submit, using the online payment function in ImmiAccount.
- Include evidence that the application has been paid for.
- Send the application by post or courier to the Parent, Child and Other Family Processing Centre in Perth, Western Australia, at the address on the form.
- Send certified copies only, not original documents, and keep a copy of the whole application for yourself.
- After you receive the acknowledgement letter, import the application into your ImmiAccount using your application ID, date of birth and identity document number.
You cannot lodge this application in person, and you cannot pay in person. If any of these steps are incomplete the application may be invalid, and the Department does not process invalid applications.
What should you expect after applying?
Once you have lodged, you can use ImmiAccount to attach documents, view messages, update your details, check status, apply for a bridging visa or withdraw. The Department will tell you if it needs health examinations, biometrics, police certificates or anything else — do not arrange police certificates until asked.
You must stay in Australia for the decision, so tell the Department before you travel and make sure you hold a valid visa to return. Pay the second instalment only when the Department sends you the invoice; the visa cannot be granted unless it is paid. If you made a mistake on the form, notify the Department using Form 1023 Notification of incorrect answers.
Subclass 835 sits in the capped and queued "other family" group, so the wait can be long, and the Department does not provide progress updates while an application is within normal processing times.
Frequently Asked Questions
Does the 28 days start when my visa expired or when my bridging visa started?
It starts from the day you last held a substantive visa. A bridging visa is not a substantive visa, so the time you spend on a bridging visa counts toward the 28 days rather than resetting them.
Is holding a bridging visa enough to satisfy 835.211?
No. 835.211 is satisfied by holding a substantive visa other than a Subclass 771, or by meeting Schedule 3 criterion 3002 if you no longer hold one. A bridging visa on its own does neither.
I held a Subclass 771 transit visa before my status lapsed. Can I use the 28-day rule?
No. The Regulations exclude applicants who held a 771 immediately before ceasing to hold a substantive visa, and a 771 does not count as the substantive visa for the first limb of 835.211 either.
I am already past 28 days. Is there a way to still apply?
The criterion is a time-of-application requirement, so if the 28 days have passed it cannot be met on that basis. The Department's official page does not set out a waiver of the 3002 timing requirement, and a refusal letter will state whether you have review rights.
Do I still need a sponsor and an assurance of support under Schedule 3?
Yes. Schedule 3 only addresses your visa history; 835.213 still requires sponsorship by an eligible relative or their partner, 835.227 requires that sponsorship to be approved and in force, and 835.222 requires an assurance of support accepted by the Secretary of Social Services before the visa can be granted.
Will I get my money back if the application is refused?
No. The Department's official page states that the application fee is not refunded if the application is refused. It also confirms you will be told in writing why it was refused and whether you can seek a review.
Do I have to be in Australia for the whole process?
You must be in Australia when you apply and when the decision is made. If you leave while the application is being processed, you need a valid visa to return, and you should tell the Department before you travel.