Aged Dependant Relative Visa (subclass 838)
This visa is designed for a single, older person who wishes to stay in Australia indefinitely, and is financially dependent on a relative residing in Australia. It must be applied for from inside Australia.
An example of someone could apply for this visa is:
- A financially dependent parent who is ineligible to apply for any of the Australian Parent visas because they fail to satisfy the balance-of-family test requirement.
The 838 visa could be an option for them as it does not have the balance-of-family test requirement.
However, there are other eligibility criteria that the applicant(s) and sponsor must meet prior to applying for this visa (see ‘Eligibility’ below).
Length of Stay
This is a permanent visa. It lets you stay in Australia indefinitely.
For citizenship purposes, your permanent residency starts on the day this visa is granted to you.
From AUD$6,415. There are additional charges for each family member that applies with you.
You pay for this visa in two parts called ‘instalments’. The first instalment is paid when you apply for the visa. The second is paid when the Department of Home Affairs requests it.
Who could get this visa?
You could be eligible for this visa if:
- You have a sponsor; and
- Are old enough to receive the Age Pension in Australia; and
- Are financially dependent on an Australian relative (or Australian relatives’ spouse or de facto partner); and
- Have no partner
Who is an eligible sponsor?
Your sponsor must be above the age of 18, and be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. They must also be your relative, or your relatives’ spouse or de facto partner who cohabitates with your relative.
What does being financially dependent look like?
You need to have been dependent on your relative in Australia for basic needs like food, shelter and clothing for at least the last 3 years before you apply for the visa.
You may also be dependent on your relative due to disability that prevents you from working.
What is considered older?
At the time of applying, you must be old enough to be granted the age pension under the Australian Social Security Act 1991.
The Age Pension age has been slowly increasing from 65 to 67 years.
The current Age Pension age is 66 years however this is due to change on 1 July 2021 to 66 years and 6 months. It will then increase to 67 on 1 July 2023.
Who is considered a relative?
Your child, parent, brother, sister, grandparent, grandchild, aunt, uncle, niece, or nephew (or step equivalent)
What is considered single?
You must not have a spouse or de facto partner of the same or opposite gender.
Other requirements of this visa
Not have a No Further Stay condition
A ‘No Further Stay’ condition is a condition that prevents the visa holder from applying for many temporary and permanent visas while they are in Australia. ‘No Further Stay’ conditions include 8503, 8534 and 8535. You can read more here: https://visaenvoy.com/no-further-stay-8503/
Assurance of Support
An Assurance of Support is an undertaking by a person stating they agree to financially assist you, to ensure the cost to the Australian taxpayer is minimised. This legal document assures the Australian Government that you will not rely on government benefits for at least the first two years of your residency in Australia.
You must meet certain health requirements. Simply put, you must be free from any disease or condition that is a significant healthcare and community service cost to the Australian community, and likely to limit the access of Australian citizens and permanent residents to health care and community services that are in short supply by placing demand on those services.
Paid back debts to Australian Government
You must have no outstanding debts to the Australians Government or have arranged to repay any outstanding debts to the Australian Government before this visa can be granted.
No visa cancellations or previous visa refusals
You might not be eligible for this visa if you have previously had a visa cancelled or refused while you were in Australia.
Best interests of the child
The Australian Department of Home Affairs will not grant you this visa if it is not in the best interests of an applicant under 18.