Visa subclass 838, more commonly referred to as the aged dependent relative visa, is a permanent visa specifically designed for seniors over 65 years of age who rely upon their close relatives for financial support while living in Australia. This visa may not be as widely used as the other parent visa options, but it allows applicants to care for elderly dependents who require local assistance from their relatives residing in Australia. Additionally, it defines clearly the eligibility requirements, sponsorship information, processing time and obligation of potential applicants to consider prior to applying for this visa.
This guide gives a robust overview and breaks down every aspect that the applicant for Visa Subclass 838 should consider and explores why many applicants choose a professional to assist and enhance their experience such as a Migration consultant Adelaide.
What Is Visa Subclass 838?
The Subclass 838 visa is a temporary visa provided for by the Federal Government of Australia, enabling older Australians who rely upon another resident of Australia as their primary source of income to obtain permanent residency within the country.
The Subclass 838 visa is an onshore (in-country) immigration class for which applicants must be physically present in Australia at the time of submission.
Once granted, this visa provides the holder with:
- Permanent residency
- Access to Medicare
- The ability to live, work, or study in Australia
- A pathway to Australian citizenship, if eligible
- The right to sponsor certain relatives in the future
Subclass 838 is specifically tailored for aged applicants who rely significantly on their sponsor for daily living expenses such as food, housing, clothing, and other essential needs.
Key Eligibility Criteria for Visa Subclass 838
In order for an applicant to meet the criteria for the Aged Dependent Relative Visa, the applicant must meet various strict requirements, all of which are designed to ensure the visa is allocated only to those who require ongoing care and support for long-term living in Australia from a family member who resides in Australia.
1. Age Requirement
The applicant must meet the Australian Age Pension age requirement. The age requirement is the primary factor distinguishing the subclass 838 visa from other visas related to family.
2. Financial Dependency
The applicant must provide proof that they have been totally or substantially dependent on the Australian relative on whom the applicant relies for support for at least the three-year period preceding the application. Financial dependency has been defined as:
- The applicant relies on the sponsor for essential needs
- They cannot support themselves due to age or circumstances
- Assistance must be continuous and well-documented
Acceptable evidence includes bank statements, remittance records, accommodation support, or legal documents proving financial reliance.
3. Eligible Sponsor
The sponsor must be:
- An Australian citizen
- A permanent resident, or
- Eligible New Zealand Citizen
A close relative of the applicant must sponsor them.
- Child
- Sibling
- Grandchild
- Aunt/uncle
- Niece/nephew
The sponsor has to be able to effectively support the applicant throughout the period of adjustment to their new country.
4. No Other Close Relatives Able to Support
The applicant must not have a spouse, de facto partner, or other close family members residing outside Australia who may be able to provide the same or similar support. This is to ensure that the visa can only genuinely be granted to dependants with no other support available.
5. Health Requirement
Applicants must also satisfy the standard health requirements of Australia. Older applicants may note that additional medical assessments may be required to ensure that they do not incur risk of illness or excessive healthcare costs for Australia.
6. Character Requirement
All applicants aged 16 or older must submit police clearance certificate(s) to verify their good character, as well as the safety of the community, for any country where they resided for at least 12 months during the last 10 years.
7. Assurance of Support
In most cases, the sponsor is required to provide an Assurance of Support (AoS). This is a financial undertaking that guarantees the applicant does not take welfare in Australia for the initial years of their stay, and the AoS may require a bond/guarantee to be lodged for the government.
8. Onshore Application Requirement
The applicant must be inside Australia both:
- When lodging the application, and
- When the decision is made
They also must not have a “no further stay” condition on their current visa unless waived.
Processing Time for Visa Subclass 838
Subclass 838 is a capped and queued visa type, which means only a limited number of visas are granted in a year. Subsequently, this visa will take an extraordinarily long time to process – often more than 10 years.
Processing occurs in two stages:
Stage 1: Application Assessment and Queue Placement
The Department assesses your application to check that it is complete and that your application is eligible for the visa class. If so, your application is placed in the formal queue.
Stage 2: Final Processing
When your application gets to the front of the queue, the department will do final checks on:
- Updated health assessments
- Character checks
- Assurance of Support confirmation
- Sponsor eligibility check
Due to the limited number of places in any given year, delays and uncertainty will be long and not easy to predict when applying for this visa. Families thinking of applying for this visa should plan for a long waiting period, which is why many people choose to engage the services of a professional.
Conditions and Obligations After Visa Grant
Once Visa Subclass 838 is granted, several important conditions apply:
1. Sponsor’s Ongoing Responsibility
Sponsors may continue to provide financial and personal support. They must also inform the Department of any significant changes in circumstances.
2. No Further Stay Restriction
In most cases, visa holders cannot apply for another substantive visa from within Australia unless exceptional circumstances apply.
3. Health Debt Requirements
If the visa holder incurs any unpaid medical treatment costs owed to the Australian government, these debts must be repaid promptly.
4. Duty to Report Changes
Both the visa holder and sponsor must report changes such as:
- Address
- Financial situation
- Relationship status
- Passport updates
If a person does not report changes in their visa status, this could have an impact on any future visa applications and possibly cause compliance issues.
Key Challenges and Considerations
For subclasses 838 – while many families find subclass -838 the best option, they should be aware of its unique challenges:
1. Very Long Waiting Period
Due to limited places, applicants must be prepared for a potentially decade-long process.
2. High Level of Documentation
Especially for financial dependency, extensive and well-organised evidence is required. A single missing document can delay or negatively impact the application.
3. Sponsor’s Financial Commitment
The Assurance of Support may require a substantial bond and long-term financial responsibility.
4. Health and Age Factors
As this visa is for elderly individuals, passing health checks may be more complex.
5. Limited Visa Flexibility
Applicants generally cannot switch to other visas once lodged unless permitted by the Department.
Conclusion
Subclass 838, visa is a very important option for aged relatives that are financially dependent on their families in Australia. It can provide benefits to aged relatives like permanent residency and Medicare; however, the eligibility criteria are stringent and typically take a very long to process and a lot of paperwork.
For the aged relative visa application to be successful, it’s important that you understand the requirements, support your claims with evidence, and comply with the requirements at every step. Many families decide to engage the services of a Migration Consultant Adelaide to assist with unfamiliar processes (the Government’s form is quite intimidating) and to improve application success.
