Aged Dependent Relative Visa (Subclass 838)
The Aged Dependent Relative Visa (Subclass 838) allows individuals to stay in Australia indefinitely and provides various benefits such as the ability to work and study in Australia, enroll in Australia's public healthcare scheme (Medicare), sponsor relatives to come to Australia, and apply for Australian citizenship if eligible.
Travel to and from Australia for 5 years:
- Once the visa is granted, you can travel to and from Australia as many times as you want for 5 years from the grant date until the travel validity expires. If you wish to travel after the initial 5-year period, you will need to apply for and be granted a Resident Return (RRV) to re-enter Australia as a permanent resident. Another option to consider is obtaining Australian citizenship, which eliminates the need for a visa to enter Australia.
You must:
- Be inside Australia, but not in immigration clearance, when you apply for and when the application is decided.
- Be sponsored by your relative or relative’s partner.
How long you can stay:
- This is a permanent visa that allows you to stay in Australia indefinitely. For citizenship purposes, your permanent residence starts on the day the visa is granted.
Include family:
- You have the option to include members of your family unit in your application. You can add them at the time of application or before a decision is made. Your family members, for the purpose of this visa, are your dependent child and stepchild.
The cost of the Aged Dependent Relative Visa (Subclass 838) is AUD 4,990. There is an additional charge for each family member who applies with you.
There are no specific conditions attached to the Aged Dependent Relative (Subclass 838) visa.
Please note that a new Aged Dependent Relative visa application may take at least 24 years to process based on current planning levels.
For Applicant:
- Have a sponsor:
- You must be sponsored by an eligible relative or relative’s partner, and the sponsorship must be approved.
- Be this age:
- You must be old enough to receive the age pension in Australia.
- Be dependent:
- 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 before applying for the visa. This dependency can also be due to a disability preventing you from working.
- Have no partner:
- To be eligible for this visa, you must not have a partner.
- Must not have a no further stay condition:
- The visa you currently hold must not have a no further stay condition on it.
- Have an assurance of support:
- You must be able to obtain an assurance of support, which assures that you will not rely on government assistance after entering Australia on this visa. The assurance of support covers you and any family members who come to Australia with you on this visa. The need for an assurance of support will be communicated to you.
- Not have had a visa cancelled or a previous application refused:
- Your immigration history will be considered, and you may be ineligible if you have had a visa cancelled or a previous application refused. However, there may be circumstances where you can still apply for a permanent visa despite a visa cancellation or refusal. See “Limitations on applications in Australia” for more information.
For Sponsor:
- Be suitable to sponsor:
- To sponsor your relative for this visa, you or your partner must be settled in Australia, at least 18 years old, usually resident in Australia, and either an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.
- You must agree to provide support, housing, and financial help for the first 2 years that the applicant lives in Australia. Additionally, you must support any family members of the applicant who apply with them.
- You can sponsor multiple relatives for this visa.
Alternative sponsorship arrangements:
- Child sponsorship:
- If you are a settled Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen and are at least 18 years old, usually resident in Australia, you can sponsor a visa applicant who is a child under 18.
- You must be the child’s spouse or de facto partner, or a relative or guardian of the child or their spouse or de facto partner.
- Sponsorship by a community organization:
- A community organization can sponsor an applicant if there is a relationship between the organization and the applicant’s child, a senior representative of the organization agrees to sponsor, the organization is lawfully established and actively operating in Australia for at least one year, and the organization can meet its financial commitments.
- The sponsorship must be approved by the authorities.
Frequently Asked Questions
No, the child’s own children need to be included separately in the application as dependent children.
The visa application fee for the Orphan Relative Visa is AUD 1,870.00. There is an additional charge for each dependent child included in the application.
Yes, if eligible, the child can apply for Australian citizenship after holding the Orphan Relative Visa. They need to meet the citizenship requirements and go through the citizenship application process.
Yes, the child can travel to and from Australia as many times as they want within the first 5 years of the visa. They need to ensure the travel facility on the visa remains valid. If they want to travel after the initial 5-year period, they may need to apply for a Resident Return Visa (RRV).
Yes, the child must be under 18 years old when applying for the visa.
Currently, there are no frequently asked questions available for the Aged Dependent Relative Visa (Subclass 114).