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Aged Dependent Relative Visa (Subclass 838)

The Subclass 838 Aged Dependent Relative Visa allows elderly relatives who rely on financial support from their family in Australia to live with them permanently. This visa is ideal for those who are unable to support themselves financially and wish to stay close to their loved ones who are Australian citizens, permanent residents, or eligible New Zealand citizens. It provides a pathway to secure permanent residency and reunite families in Australia.

Benefits of the Subclass 838 Visa

Permanent Residency

Visa holders can live in Australia indefinitely

Sponsor Relatives

Sponsor eligible relative to come to Australia

Work and Study Rights

Visa holders can work and study in Australia while providing care for their designated individual

Travel Rights

Travel in and out of Australia for the first 5 years upon visa approval

Healthcare Scheme

Enrol in Australia’s public health care scheme - Medicare

Citizenship Pathway

After meeting residency requirements, visa holders can apply for Australian citizenship

Subclass 838 Visa

MAIN REQUIREMENTS

To be eligible for the Subclass 838, Aged Dependent Relative Visa, applicants must meet several essential criteria:

Sponsorship
The applicant must have a sponsor who is an eligible Australian citizen, permanent resident, or eligible New Zealand citizen. The sponsor must be a close relative, such as a parent, sibling, or child of the applicant, and they must have the financial capacity to continue supporting the applicant. In some cases, other relatives like nephews or nieces may be eligible sponsors. Sponsors must sign a sponsorship undertaking, agreeing to provide support for the applicant and ensure they do not rely on government benefits.

Age Requirement
The applicant must be of pension age, as defined by the Australian government. This age varies depending on when the applicant was born but is generally around 66-67 years old. The visa is intended for older relatives who cannot support themselves financially and require assistance from their Australian family members.

Financial Dependency
The applicant must demonstrate financial dependency on their sponsor (an Australian citizen, permanent resident, or eligible New Zealand citizen) for at least three years prior to lodging the visa application. Financial dependency means the applicant has relied on their sponsor for basic living expenses such as food, shelter, and clothing. The visa is intended for relatives who cannot support themselves financially due to age or lack of other means. Evidence such as bank statements, receipts of financial assistance, and other proof of financial support must be provided.

Marital Status
The applicant must not have a partner or spouse at the time of application. The visa is designed for aged relatives who are dependent on family in Australia rather than a spouse or partner.

Sufficient Financial Means (For the Sponsor):
The sponsor must demonstrate that they have adequate financial resources to support the applicant. This typically involves providing proof of income or assets to show they can meet the living expenses of the applicant without government assistance. The financial responsibility extends for a period after the visa is granted to ensure the applicant does not become a burden on Australian social services.

Health and Character Requirements:
Health Checks: Applicants and any dependent family members must undergo medical examinations to ensure they meet Australia's health standards. This is to prevent the Australian healthcare system from being burdened by applicants with significant medical needs.
Character Checks: Police clearances from each country the applicant has lived in for 12 months or more during the past 10 years are required. This ensures that the applicant poses no security or criminal risk to Australia.

Current Processing Time: Subclass 838 Visa

Due to capping and queuing regulations, all Other Family visa applications, including the Aged Dependent Relative Visa, are subject to limited visa placements each year. This can result in long wait times, as applications are processed in the order they are received.

Visa Type Acknowledge New Application Visa Assessment (Queue release date)
Aged Dependent Relative Visa (Onshore) (subclass 838) Approximately 3 weeks Date queued up to 31 December 2012

Frequently

Asked       

Questions

  • The Subclass 838 visa is for applicants already in Australia, while the Subclass 114 visa is for applicants who are outside Australia when applying.

  • Yes, the Aged Dependent Relative Visa grants full work rights to its holders.

  • If your sponsor can no longer support you, you will need to provide evidence of alternative financial support. However, sponsors are generally expected to continue supporting the applicant.

  • Processing times for the Aged Dependent Relative Visa can be very long, often stretching up to several years due to the limited number of places available each year.

  • Yes, after meeting the residency requirements, visa holders can apply for Australian citizenship.

  • Yes, eligible family members such as dependent children may be included in the visa application.