Do Non-Migrating Family Members Need Health and Character Checks for 115 in 2026?
Short answer: often yes. On the Remaining Relative visa (subclass 115), family members who are not coming to Australia may still have to meet the health and character requirements. The Australian Department of Home Affairs states this directly on its Remaining Relative visa (subclass 115) official page — you should include details of all your family members, whether they are migrating or not, and "family members who are not coming to Australia might also have to meet our health and character requirements." This is the position published on the Department's Remaining Relative visa (subclass 115) page, and the legal basis sits in the Migration Regulations 1994.
Why would the Department assess someone who never moves?
Because subclass 115 is assessed as a family decision, not a collection of individual ones. The whole visa turns on who your near relatives are and where they live — the remaining relative test in the regulations requires you to account for parents, siblings, step-parents and step-siblings (including, in practice, those on your partner's side), so the family record has to be complete and consistent before any of it can be assessed.
The same logic carries into the checks. Clause 115.226A of the Migration Regulations 1994 covers a family member who is not an applicant for the visa, and requires that person to satisfy public interest criteria 4001 to 4005 — which include the character test (4001) and the health requirement (4005) — unless the Minister considers it unreasonable to require the assessment. Departmental policy guidance describes the practical consequence as a "one fails, all fails" position: the main applicant cannot be granted the visa unless family members who are applicants meet the public interest criteria and special return criteria, and non-applicant family members also meet the public interest criteria.
So the counterintuitive part is really this: a relative staying behind is not being processed as a future migrant. They are part of the evidence and the risk assessment that decides whether your application can succeed.
Who counts as a family member you have to declare?
You should list details of all your family members, whether or not they are migrating. For those who actually apply with you, the subclass 115 page sets out who can be included as a dependent child:
- under 18, or
- 18 or older but not yet 23, and dependent on you or your partner, or
- 23 or older, unable to earn a living to support themselves because of physical or cognitive limitations, and dependent on you or your partner.
You can include members of the family unit when you apply, and you can also add them at any time before a decision is made. The regulations define "member of the family unit" in regulation 1.12, and related terms such as "Australian relative", "dependent child" and "settled" in regulation 1.03 — so if you are unsure whether someone belongs on the form, that is the definition the decision rests on.
Migrating versus non-migrating: what changes
| Declared on the form | Health requirement | Character requirement | Can affect the outcome | |
|---|---|---|---|---|
| Family member applying with you | Yes | Must meet it | Must meet it | Yes |
| Family member not coming | Yes — all family members, migrating or not | May have to meet it (PIC 4005) | May have to meet it (PIC 4001) | Yes, under the "one fails" approach |
For applicants themselves, clause 115.223 lists a longer set of criteria at the time of decision — 4001 to 4005, 4009 and 4010 (biometrics), 4020 and 4021 (no bogus documents or false and misleading information), plus 4019 (no criminal record) if the person was 18 or older at the time of application. Clauses are renumbered and amended from time to time, so check the current consolidated text of the Migration Regulations 1994.
What you actually have to do about it
The practical burden is smaller than it sounds, because the Department stages it. On the subclass 115 page, you are told not to arrange police certificates until you are asked, and you are told later if health examinations are needed. Biometrics may also be requested.
The things that are on you from the start are: completing Form 47OF with the family details filled in accurately, having your sponsor complete Form 40, and sending certified copies rather than originals. Documents requested for family members follow the same pattern as for the main applicant — identity documents, relationship evidence, character documents where applicable, and dependency evidence for dependent children aged 18 or over.
What if a relative's details are missing, wrong, or change later?
Accuracy matters more here than speed. The Department warns that if you cannot prove your identity, it will refuse the application and may not grant you — or any family member listed on your application — another visa for 10 years. Mistakes on a lodged form can be corrected with Form 1023 Notification of incorrect answers, and policy guidance refers to the obligation under section 104 of the Migration Act to notify changes in family composition, such as a birth, death or change in marital status. If a child is born after you apply, there is a separate process for that.
Omission is the bigger risk. Undisclosed overseas near relatives appears among the most common reasons these applications are refused, which is exactly why the form asks for everyone — including the people who will stay where they are.
Is there any relief if a relative genuinely cannot be assessed?
Possibly. Clause 115.226A frames the requirement as applying "unless the Minister considers it unreasonable" to require the person to be assessed. That is a discretion, not an automatic exemption, and it is assessed on the circumstances rather than claimed by ticking a box. Since this is a judgment call with real consequences, treat the published clause text as the reference point and confirm the current wording before relying on it.
What this means for timing and cost
Subclass 115 sits in the Other Family stream, where the Department states that demand is greater than the number of places available each year, that processing times can be lengthy, and that applications are subject to capping and queueing. Additional checks on family members add steps to an already queued category, so it is realistic to expect the family dimension to take time rather than to be a formality.
On cost, the Department confirms there is an extra charge for each family member who applies with you, that the visa is paid in two instalments (the first when you apply, the second when asked), and that you may also need to pay for health checks, police certificates and biometrics. No figures are reproduced here because the published amount and any concessions should be checked against the current official pricing. This article is general information about how the published rules work and is not advice tailored to any individual's circumstances; the documents the Department asks for depend on your case, so rely on the current official wording or seek professional advice before acting on it.
Frequently Asked Questions
Do non-migrating family members automatically need a health examination?
No. The Department's wording is that they might have to meet the health requirement, and it tells applicants when health examinations are needed rather than requiring them upfront. The underlying obligation sits in public interest criterion 4005, applied through clause 115.226A of the Migration Regulations 1994.
Should I order police certificates for every family member before applying?
No. The subclass 115 guidance says not to arrange police certificates until you are asked to. Character documents may be requested later, and for someone applying with you, character documents are part of the standard document list.
Do I really have to list a relative who will never live in Australia?
Yes. The Department asks you to include details of all your family members in the application form, whether they are migrating or not. Leaving someone out risks both the health and character assessment and the underlying remaining relative test, since undisclosed overseas near relatives is a leading refusal reason.
If a non-migrating relative fails a check, is my application refused?
It can be. Departmental policy guidance describes a "one fails, all fails" approach: the main applicant cannot be granted the visa unless family members who are applicants meet the public interest and special return criteria and non-applicant family members also meet the public interest criteria.
Can a non-migrating relative be excused from being assessed?
Under clause 115.226A, the requirement applies unless the Minister considers it unreasonable to require the person to undergo the assessment. It is a discretion exercised on the facts, not a waiver you can elect.
Does including family members change what I pay?
Each family member who applies with you adds an extra charge, and the visa itself is paid in two instalments. You may also face separate costs for health checks, police certificates and biometrics, so check the current official pricing rather than estimating from older figures.