The Aged Dependent Relative visa (subclass 838) is a permanent visa that allows some older people who meet age requirements to stay in Australia if they rely on an eligible relative in Australia to provide financial support.
They must be in Australia when they lodge their application and they must be in Australia when the visa is granted.
An individual might be able to get this visa if they:
- Are sponsored by a relative or their partner who lives in Australia
- Do not have a spouse or de facto partner
- Meet the dependency requirements
- Meet the age requirements
- Have someone who will provide an assurance of support
- Meet health and character requirements.
An individual should not apply for this visa unless they believe they are likely to be successful, as the visa application charge they pay will not usually be refunded if they withdraw their application or it is refused.
To be considered an aged dependent relative you must not be married or in a de facto relationship.
You must be able to demonstrate that you have been wholly or substantially dependent on your relative in Australia for financial support for your basic needs of food, shelter and clothing, or because you have a disability which prevents you from working. This support must have been continuing for at least three (3) years before your application is lodged.
What this visa allows for:
This is a permanent visa. It allows the individual and their family to:
- Stay in Australia indefinitely as an Australian permanent resident
- Apply for Australian citizenship (if they are eligible)
- Travel to and from Australia as a permanent resident for five years from the date the visa is granted – after that time they will need to apply for another visa if they want to return to Australia.
The individual’s sponsor:
The individual must be sponsored by the relative on whom they are financially dependent, and who has provided this support for a reasonable period (usually three years) before they lodge their application. Their partner can also be their sponsor.
The sponsoring relative or their partner must be:
- 18 years of age or older
- Usually resident in Australia
- Settled in Australia as:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen.
In addition to the above-mentioned conditions, there are other factors and criteria to be taken into consideration.