838 Visa Aged Dependent Relative (Onshore)

Visa Overview 

838 Visa - Aged Dependent Relative (Onshore) is a permanent visa that allows a single older person to stay in Australia if they rely on a relative living in Australia for financial support.

Benefits

  • Stay in Australia as a permanent resident

  • Work and study rights

  • Enrol in the country’s public health care scheme (Medicare)

  • Sponsor eligible family members to come to Australia

  • Travel outside and re-enter Australia as many times within the first 5 years upon their visa grant

  • Become eligible to apply for Australian Citizenship if all requirements are met

Eligibility

To be eligible for subclass 838, the aged dependent relative needs to meet the following requirements

  • Must be inside Australia when the application is submitted and until the department decides

  • Have an eligible sponsor

  • Must be of aged pension age in Australia

  • Financially dependent on their relative in Australia

  • Have no partner

  • Gain Assurance of Support (AoS)

    • The sponsor makes a legal agreement with the Department of Home Affairs to help their family member or relative migrate to Australia. The sponsor will be responsible for certain social security payments to the Australian Government which is paid for the main applicant applying to migrate to Australia during their AoS period.

Dependency Requirements

Being an aged dependent relative, you must have proof that demonstrates your dependency on your relative in Australia for basic needs like food, shelter, and clothing or the proof of your disability that prevents you from working. You must demonstrate that you have been receiving this support for at least 3 years before the application is lodged.

Eligible Sponsors

Near relatives

  • Parent/step-parent

  • Partner’s parent/partner’s step-parent

  • sibling/step-sibling

  • child/step-child

Sponsorship Obligations

Being a sponsor, when your relative and the accompanying family members arrive in Australia on this visa, you must take responsibility for their:

  • Accommodation

  • Financial assistance

If you have also been responsible for assurance of support, you must support your relative and their family for 2 years by:

  • Providing financial support so they don’t have to rely on any government forms of income support

  • Repaying the Australian Government for any social security payments

  • Paying a refundable bond before the visa is granted

For Visa Applicants

  • You must be sponsored by a relative or their partner who is living in Australia. 

  • You must not have a spouse or de facto partner. 

  • You must meet the dependency and age requirements. 

  • You must have assurance of support from someone. 

  • You must meet health and character requirements. 

Age Requirements

The pension age will be gradually increased from 65 to 67 years as set out in the table below.

Process

Step 1: The Application

  • Gather your documents and also your sponsor’s documents

  • You must apply for the visa on paper. You must be inside of Australia when you apply.

Step 2: The First Assessment

  • Pay the second installment when the Department tells you to. The Department will send you an invoice for the installment after you have met all other requirements for the visa.

  • You must pay the installment or the Department can't grant the visa.

  • At this point, your visa request will be put in a queue and you have to wait until there is an available place in the migration program.

Step 3: The Second Assessment

  • After your application finishes the first assessment, the Department will review your application once more and they will let you know when and how much you have to pay the second installment fee.

  • Without the second fee, you won’t receive a visa, so make sure you pay the complete required fee.

  • Wait for the visa to be granted.

Processing Time

This visa will take up to 50 years to finish processing. When your application finishes the first assessment, it is put into a queue and this waiting period may last up to 50 years.

As of February 2021, the Department of Home Affairs has begun to finalize applications that were submitted up to August 2 of 2011.

Our Services

At Think Visa, we are experienced in managing all visa applications under the family migration category. Our Migration Action Plan will include:

  • Assessing your situation and tailor-make a plan that suits your circumstances

  • Preparation for the family visa

  • Full guidance on the documents and statements needed

  • Reviewing and lodging your family visa applications

  • Preparing a legal submission (if required)

  • Monitoring your family visa application promptly

  • Managing your bridging visas (if required)

  • Any correspondence with the Department until a decision is made on the application

Costs 

The fee for the 838 Aged Dependent Relative Visa is AUD 6,490 paid in two installments. There are going to be additional visa fees for each member of your family that applies alongside you. The pricing is as follows:

  • The initial fee for the main applicant: AUD 4,425

  • The initial fee for each dependent applicant over the age of 18: AUD 2,215

  • The initial fee for each dependent applicant under the age of 18: AUD 1,110

The second installment – for each person included on the application is AUD 2,065.


Accreditation

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Let us solve your migration problems. We provide:

  • Trusted legal advice with peace of mind for your migration journey

  • Prepare, lodge and liaise with the Department on behalf of you and your family

  • Project-manage the application until the visa is granted and bring you to Australia