Visa Subclass 838 – Eligibility Criteria, Processing time & More

April 24, 2025    Migration Lawyer Perth
Visa Subclass 838 – Eligibility Criteria, Processing time & More

Do you want to reunite with an elderly relative who depends on you financially?

The Aged Dependent Relative Visa 838 could be the best option for them to settle in Australia as permanent residents.

This visa will allow qualifying aged relatives to immigrate to Australia on a permanent basis if they are dependents of an Australian citizen, a permanent resident, or a qualifying New Zealand citizen.

Due to Australia’s strict immigration policy, lawyers specialising in the Aged Dependent Relative Visa will be really helpful in making it a hassle-free process. In this in-depth guide, we’ll walk you through the Aged Dependent Relative Visa 838’s eligibility, requirements, and advantages.

Eligibility Criteria for the Aged Dependent Relative Visa 838

To qualify for the Aged Dependent Relative Visa 838, one must fulfil some requirements as set by the Department of Home Affairs. The most important requirements are:

1. Age Requirement

The applicant must be of that age at which they would be eligible for the Australian Age Pension. That age is determined by the Services Australia and also varies based on the applicant’s date of birth.

2. Financial Dependence

The relative should be dependent on the sponsor for day-to-day living expenses (shelter, food, and clothing) for at least three years prior to making the visa application. The dependency should be substantial and continuous.

3. Sponsorship Requirement

The sponsor should be an Australian citizen, a permanent resident, or a qualifying New Zealand citizen who is going to sponsor the applicant. The sponsor should be a qualifying relative, i.e.,

  • Child (biological, adopted, or stepchild)
  • Sibling
  • Niece or nephew
  • Grandchild

4. No Other Close Relatives

The candidate should not be married, be a partner, or have close relatives in the rest of Australia who will be able to support them financially. These requirements for the Relative Visa Subclass 114 will ensure that the candidate actually needs to be sponsored in Australia.

5. Meeting Health and Character Requirements

  • Health Check: The applicants will undergo medical tests to ensure that they are healthy as per Australian standards.
  • Character Check: A police clearance certificate (PCC) for every country where the applicant has lived for 12 months or longer during the last ten years is required.

6. Assurance of Support

The sponsor may be requested to sign an Assurance of Support (AoS), a financial undertaking to ensure the applicant will not become reliant on government assistance.

7. Onshore Application Requirement

The applicant for the visa should be present in Australia when applying and when making the decision. They should be in possession of a current visa when applying.

It is highly recommended that you take the help of a relative or a Parent Visa Immigration Lawyer Perth, as they will be able to guide you better through this whole process.

Conditions Imposed on the Aged Dependent Relative Visa 838

On grant, this visa is subject to the following conditions:

  1. Must Be Sponsored – The sponsor must support the applicant even after receiving the visa.
  2. Conditions of No Further Stay – The visa holder is not eligible to make another substantive visa application in Australia unless in exceptional circumstances.
  3. No Health Debt – Any health debt to the Australian government must be repaid.
  4. Duty to Report Changes – The holder of the visa must report any change in circumstances, i.e., address, finances, or sponsorship status, to the Department of Home Affairs.

Processing Time and Fees

Processing times for the Aged Dependent Relative Visa 838 will vary with:

  • Number of applications received
  • Completeness of application and support documents
  • Security and background checks
  • Time taken to examine health and character

On average, it may take several years as this visa is prone to capping and queuing in Australia’s migration program.

Advantages of the Aged Dependent Relative Visa 838

Here are some of the most important advantages of this visa.

  • Permanent Residence: The recipients are qualified to stay in Australia permanently.
  • Medicare Benefits: The visa holder is eligible for public health in Australia.
  • Work and Study Opportunities: Allowed to study and work.
  • Pathway to Citizenship: The recipients of the visa are qualified for citizenship after meeting residency conditions.
  • Sponsor Assistance: The sponsoring relative offers settlement along with financial aid.

Wrapping Up

The Aged Dependent Relative Visa (Subclass 838) provides a permanent residency option for elderly relatives who rely on their family members residing in Australia. There are strict eligibility requirements, along with long processing times, but if you are eligible, the benefits of the visa will make the efforts worthwhile.

If you are thinking about taking the steps to apply for this visa, having some trusted Migration Lawyers Perth will help clarify your pathway to this visa while also maximising your chance of success.

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