Skip to content 
Aged dependent relative visa
(subclass 838) (onshore)
The Subclass 838 visa is for aged dependent relatives who wish to join their Australian relative in Australia. If you are an elderly person and financially dependent on an Australian citizen, permanent resident, or eligible New Zealand citizen, this visa allows you to live with them in Australia as a permanent resident.
Who Can Apply for Subclass 838?
This visa is designed for elderly individuals who are dependent on their Australian relatives and meet the following criteria:
Age Requirement: You must be 67 years or older, which is the age at which you can qualify for the Age Pension under the Social Security Act 1991.
Financial Dependency: You must prove that you are dependent on your Australian relative for financial support. This means your relative provides for your basic needs, such as accommodation, food, clothing, and other living expenses.
No Spouse or De Facto Partner: To be eligible, you must not have a spouse or de facto partner. If you are married or in a relationship, you will not qualify for this visa.
Australian Relative: The relative sponsoring you must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. They must also be settled (living in Australia for at least two years) and usually reside in Australia.
- Be inside Australia at the time of application and at the time of decision on your visa.
Criteria for Sponsorship
Your Australian relative (or their spouse or de facto partner) must meet the following sponsorship requirements to support your application:
- They must be 18 years old or older.
- They must be settled in Australia, meaning they have lived there for at least two years.
- They must be either an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
- The sponsor must provide an Assurance of Support to show that they will financially support you during your stay in Australia.
Documents You Need for Your Application
To apply for the Subclass 838 visa, you will need to gather several important documents, including:
Identity Documents: Provide proof of your identity, such as a passport or birth certificate. If you have changed your name, provide documentation to support this.
Evidence of Financial Dependency: You must show that you are financially dependent on your Australian relative. This could include:
- Bank statements or transfers showing regular financial support.
- Rent receipts or evidence that your relative provides housing for you.
- Written statements from your relative affirming their financial support.
Sponsorship Documents: Your Australian relative must submit documents proving their citizenship or permanent residency, as well as the completed Sponsorship Form.
Health and Character Requirements: You and any family members included in the application will need to meet health and character requirements. This may involve undergoing a health check and submitting police certificates from your home country and any other country where you have lived for a certain period.
Assurance of Support: Your sponsor will need to provide evidence that they have made an assurance of support for you. This is a financial commitment to cover your living expenses without relying on public funds.
How to Apply for Subclass 838
Here’s the step-by-step process for applying for the Subclass 838 visa:
Complete the Visa Application: You must fill out the Form 47OF (Application for migration to Australia by other family members). Ensure that you provide all the necessary documents supporting your claims, including proof of dependency and sponsorship.
Sponsorship Form: Your Australian relative must complete and submit the Sponsorship Form 40 as part of the application. This form is crucial for verifying that they are willing to support you financially.
Pay the Application Fees: The Subclass 838 visa requires payment of two installments for the visa application charge. The first installment is paid at the time of application, and the second installment is due before the visa is granted.
Submit Your Documents: Submit all your supporting documents alongside your visa application. These documents should include the completed application form, sponsorship form, proof of dependency, and any other necessary paperwork.
Wait for Processing: After you submit your application, the Department of Home Affairs will assess your eligibility. Processing times may vary, but the Department will notify you if additional information is needed. You may be asked to attend an interview, undergo a health check, or provide biometrics (fingerprints and photographs).
Benefits of Subclass 838 Visa
- Permanent Residency: This visa allows you to live permanently in Australia, reuniting you with your Australian relatives.
- Access to Healthcare: As a permanent resident, you will have access to Australia’s Medicare health system.
- Work Rights: While the visa itself doesn’t grant automatic work rights, you may apply for permission to work once you are in Australia.
- Social Security Benefits: If you are eligible, you can apply for social security benefits, including the Age Pension.
Visa cost
The Subclass 835 Remaining Relative Visa (Onshore) costs at total fee of AUD $7,190, with additional charges for each family member included in the application. The fee is paid in two instalments: the first fee of $5,125 is at application submission and the second instalment fee of $2,065 is when requested by the Department.
Additional costs may include health exams, police certificates, and biometrics.
For more details, refer to the official immigration guidelines.
See related: Aged Dependent relative visa (subclass 114)
Processing times
The processing times for Other Family visas can be lengthy due to the high demand exceeding the number of available places each year. To get an estimate of processing times, you can use the visa processing time guide tool, which provides information on recently decided applications. However, please note that this tool offers only a general guide and may not be specific to your application.
Your application might take longer to process if:
- It is not filled in correctly.
- It lacks necessary documents, or we require additional information from you.
- The verification of your information takes longer than usual.
If the correct visa application charge is not paid, we cannot process your application. In such cases, we will inform you and, if necessary, return your application.
It’s important to note that applications for this visa are subject to capping and queueing, which means that processing priorities are determined based on various factors.
Eligibility
Have a sponsor
To obtain an Aged dependent relative visa, you must secure sponsorship from an eligible relative or their partner. This sponsorship must receive approval from the relevant authorities.
Be this age
The age requirement for this visa is that the applicant must be 67 years or older, as this is the age at which individuals can qualify for the Age Pension under Australia’s Social Security Act 1991.
Be dependent
In order to be eligible for this visa, you must have been dependent on your relative in Australia for basic needs such as food, shelter, and clothing for at least the last 3 years prior to applying for the visa. This dependency could be due to a disability that prevents you from working.
Have no partner
To be eligible for this visa you must have no partner.
Must not have a no further stay condition
Your current visa must not have a “no further stay” condition attached to it. You can check the conditions of your visa in VEVO (Visa Entitlement Verification Online).
Have assurance of support
You must be able to obtain an assurance of support. An assurance of support ensures that you will not need to rely on government assistance after entering Australia on this visa. This assurance covers both you and any family members accompanying you to Australia on this visa.
Meet the health requirement
You and any family members applying for the visa with you must meet the health requirement.
Meet the character requirement
You and any family members applying for the visa with you must meet the character requirement.
Have paid back your debt to the Australian government
If you or any family members owe money to the Australian Government, you or they must have either repaid the debt or established an approved arrangement to do so.
Not have had a visa cancelled or a previous application refused
Your immigration history will be taken into consideration when assessing your application. If you have had a visa cancelled or refused, you may not be eligible for this visa. However, there are circumstances where you may still apply for a permanent visa despite previous issues.