Aged Dependent Relative Visa

For older, single individuals who are dependent on family members in Australia for their daily needs, the Aged Dependent Relative Visa offers a pathway to permanent residency. With two key subclasses, the Aged Dependent Relative Visa (Subclass 838) and the Aged Dependent Relative Visa (Subclass 114), this visa provides a secure future in Australia for eligible individuals.

This visa is designed for older individuals reliant on an eligible Australian relative for essential support, including food, shelter, and care. Importantly, both the onshore (Subclass 838) and offshore (Subclass 114) options are permanent visas, meaning they allow the holder to stay indefinitely, work, study, and even apply for Australian citizenship if eligible. However, each subclass has unique requirements regarding the applicant’s location at the time of application.

Key Eligibility Requirements

To qualify for either the Subclass 838 (onshore) or Subclass 114 (offshore), applicants must meet several conditions:

Age: You must be old enough to receive the aged pension in Australia. This typically means being over 65 (the current age for eligibility may vary depending on your specific circumstances).
Dependency: You need to have been financially dependent on your relative in Australia for at least the last 3 years. This includes support for essential needs like food, shelter, and clothing. If you have a disability that prevents you from working, you can still qualify based on this dependency.
No Partner: You must be single at the time of your application. If you have a partner, you are not eligible.
Sponsorship: You must have a sponsor who is an approved relative in Australia.
Assurance of Support: You must obtain an assurance of support. This is a financial guarantee by your sponsor to ensure you are supported during your stay in Australia.
Health and Character Requirements: You must meet both the health and character requirements set by the Australian government. This typically involves health assessments and police checks.
Debts to the Australian Government: If you or any family members owe money to the Australian government, you must have repaid it or made an arrangement to do so.
Visa History: You cannot have had a previous visa cancelled or a previous application refused. This is important as a negative visa history may disqualify you.
Best Interests of the Child: If your application involves a child under 18, it must be in their best interests to grant the visa.

Subclass 838 vs. Subclass 114

The primary difference between these two subclasses lies in the applicant’s location at the time of application. Subclass 838 is for those applying from within Australia, whereas Subclass 114 is for those applying from outside the country. Both options, however, offer similar benefits and responsibilities once granted.

Costs and Processing for the Aged Dependent Relative Visa

The main application fee for each subclass is AUD 5,125, plus additional charges for each family member included in the application. Applicants may also incur other costs related to health checks, police clearances, and biometric screenings. Please check the Department website for the latest pricing.

What This Visa Allows You to Do

With this visa, holders can:

Live in Australia indefinitely
Work and study in Australia
Enroll in Medicare, Australia’s healthcare system
Sponsor eligible relatives to come to Australia
Travel in and out of Australia for five years from the date the visa is granted, after which they will need either a Resident Return Visa or Australian citizenship

Applying for the Aged Dependent Relative Visa

Securing the Aged Dependent Relative Visa is a multi-step process that involves substantial documentation and verification. Each application requires proof of dependency, sponsorship, and compliance with health and character standards, among other criteria. Given the detailed requirements and potential for rejection if requirements aren’t met, applicants often benefit from consulting a registered migration agent.

A migration agent can ensure that your application is complete, thorough, and meets all regulatory requirements, potentially saving you from costly reapplication fees and processing delays.

Who is this Visa Suitable For?

This visa is ideal for aged dependent relatives of Australians who are single and rely on their family members for financial and personal support. It is a secure, long-term solution for those looking to reunite with family and establish a life in Australia, particularly if they are unable to support themselves independently.

Final Thoughts

The Aged Dependent Relative Visa is an excellent pathway for older, dependent individuals seeking a permanent life in Australia with family support. Given the financial, health, and documentation requirements, understanding the nuances of each subclass can make a significant difference in the application’s success. Whether you’re applying onshore or offshore, the Aged Dependent Relative Visa offers a path to security, independence, and family unity in Australia.

Navigating the Aged Dependent Relative Visa process can be complex, with strict eligibility requirements and extensive documentation. At Aurelia Legal, we specialize in guiding clients through every step of their visa application, ensuring accuracy and compliance with Australian immigration laws. Our expert team provides tailored advice, assists with gathering the necessary evidence, and helps minimize delays or risks of rejection. Whether you’re applying for the onshore (Subclass 838) or offshore (Subclass 114) visa, we offer strategic support to maximize your chances of success, reuniting families with confidence.

DISCLAIMER: This blog is for general information only. Legislation may change from time to time. Please refer to the latest legislation for current details.