Australia Aged Dependent Relative visa

The Australia Aged Dependent Relative Visa is designed for elderly individuals who rely on a relative living in Australia for financial support and care. This visa allows applicants to live permanently in Australia, providing an opportunity to reunite families and ensure proper care for aged relatives.

To qualify for the Australia Aged Dependent Relative Visa, applicants must meet strict eligibility criteria. You must be of pension age and demonstrate that you are financially dependent on your sponsoring relative. Additionally, your sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen who can provide long-term support.

One of the major benefits of the Australia Aged Dependent Relative Visa is that it grants permanent residency. This means access to healthcare services, the ability to live indefinitely in Australia, and the opportunity to apply for citizenship in the future. However, the application process is complex and requires detailed documentation to prove dependency and eligibility.

Applicants must provide evidence such as financial records, proof of relationship, medical examinations, and police clearance certificates. Any inconsistency or missing documentation can lead to delays or refusal. Processing times can also be lengthy, making it essential to submit a well-prepared application from the start.

Many applications for the Australia Aged Dependent Relative Visa are refused due to insufficient proof of dependency, incomplete documentation, or failure to meet health and character requirements. This is why professional legal guidance is highly recommended.

At Law and Visas, we specialize in handling complex immigration applications. Our experienced team will assess your eligibility, prepare strong supporting documents, and guide you through every step of the process to maximize your chances of success.

Who qualifies for the Australia Aged Dependent Relative visa subclass 838?

You may qualify for the Aged Dependent Relative visa (subclass 838) if you are an aged person who is dependent on an Australian citizen, Australian permanent resident, or eligible New Zealand citizen for your financial support. You must be old enough to receive an age pension in Australia. This means you must meet the age requirement for the Australian age pension, which is currently 67 years for both men and women.

You must be single. You cannot be married or in a de facto relationship. This is a crucial eligibility requirement. The Department of Home Affairs strictly enforces this condition.

Your relative in Australia must be able to sponsor you. They must be settled in Australia and be at least 18 years old. They need to provide a commitment to support you.

You must also meet health and character requirements. These are standard for all Australian visas. You will need to undergo medical examinations and provide police clearances.

The visa aims to reunite families. It is for those who genuinely rely on their Australian relative.

What proof of dependency is needed for the Australia Aged Dependent Relative visa subclass 838?

You need to show you have been financially dependent on your Australian relative for a significant period. This usually means at least 12 months before you apply. You must demonstrate that you have relied on them for your basic needs. This includes accommodation, food, and other living expenses.

Provide bank statements from both you and your sponsor. These should show regular transfers of money from your sponsor to you. Show how this money covers your expenses.

Include statutory declarations from your sponsor. They should detail the financial support they have provided. They should also explain why you cannot support yourself.

Evidence of shared living arrangements can also be helpful. This could include utility bills in both names if you lived together. Show lease agreements or property ownership documents.

You must prove you have no other means of support. This means you cannot be receiving a pension from your home country. You cannot have significant assets that could support you.

The dependency must be genuine and ongoing. It cannot be a temporary arrangement. The Department assesses each case carefully.

How do you meet the age requirement for the Australia Aged Dependent Relative visa subclass 838?

You meet the age requirement for the Aged Dependent Relative visa subclass 838 if you are old enough to receive an age pension in Australia. The current age for age pension eligibility in Australia is 67 years. This applies to both men and women.

You must have reached this age at the time you lodge your visa application. It is not enough to be close to the age. You must have already turned 67.

Check the Department of Social Services website for the most up-to-date age pension eligibility criteria. The age can change over time. Ensure you meet the current requirement.

Provide your birth certificate as proof of your age. This is a mandatory document. Make sure it is an official document.

If your birth certificate is not in English, provide a certified translation. This ensures the Department can verify your age quickly. Do not submit un-translated documents.

Meeting this age criterion is fundamental. Your application will not proceed without it.

Can you apply for the Australia Aged Dependent Relative visa subclass 838 while in Australia?

Yes, you can apply for the Aged Dependent Relative visa (subclass 838) while you are in Australia. This is an onshore visa application. You must hold a valid substantive visa when you apply. A substantive visa is any visa other than a bridging visa, criminal justice visa, or enforcement visa.

Ensure your current visa does not have a “No Further Stay” condition. If it does, you generally cannot apply for another substantive visa while you are in Australia. This condition is often on tourist visas.

If your current visa is about to expire, apply for the 838 visa before it does. If your current visa expires after you apply for the 838, you will be granted a bridging visa. This bridging visa allows you to stay in Australia lawfully while your 838 application is processed.

Applying onshore means you can remain in Australia during processing. This can be a significant advantage. You avoid the need to travel overseas.

Always check the conditions of your current visa. Seek advice if you are unsure about your eligibility to apply onshore.

What documents do you need for the Australia Aged Dependent Relative visa subclass 838?

You will need a comprehensive set of documents for the Aged Dependent Relative visa subclass 838. This includes your identity documents. Provide your birth certificate, passport, and national identity card if you have one. Ensure all documents are certified copies.

You must provide proof of your financial dependency. This includes bank statements from you and your sponsor. Show detailed transaction histories. Include statutory declarations from your sponsor explaining the financial support.

You need evidence of your single status. This could be a divorce certificate, death certificate of a spouse, or a statutory declaration confirming you have never been married or in a de facto relationship.

Your sponsor must provide their Australian citizenship or permanent residency proof. This could be their Australian passport, citizenship certificate, or permanent resident visa grant notification.

You will also need police certificates from any country you have lived in for 12 months or more over the last 10 years, since turning 16. These are for character assessments.

Medical examination results are required. You will be advised on how to arrange these after you apply. Ensure all documents are translated into English by a NAATI-accredited translator if they are not already in English.

Can you include other family members in your Australia Aged Dependent Relative visa subclass 838 application?

No, you generally cannot include other family members in your Australia Aged Dependent Relative visa subclass 838 application. This visa is specifically designed for a single, aged dependent relative. It is not a family visa in the broader sense.

The visa is granted to the individual applicant only. It does not allow for dependent children, spouses, or partners to be included on the same application. Each individual must meet the visa requirements in their own right.

If you have other family members who wish to migrate to Australia, they would need to explore other visa options. For example, your children might be able to apply for their own visas. Your sponsor may need to sponsor them separately under different visa streams.

The focus of the subclass 838 visa is solely on your dependency on your Australian relative. It addresses your individual circumstances. This specific visa pathway is not designed for family unit migration.

How does the assurance of support apply to the Australia Aged Dependent Relative visa subclass 838?

The assurance of support is a mandatory requirement for the Aged Dependent Relative visa subclass 838. It is a legal commitment made by your sponsor and possibly another person. This commitment ensures you will not rely on Australian government social security payments.

The assurer agrees to repay any recoverable social security payments you receive during the assurance period. This period is typically ten years for this visa subclass. The assurance helps reduce the financial burden on Australian taxpayers.

A bond is usually required as part of the assurance of support. This bond is held by the Commonwealth Bank. The amount of the bond varies. It depends on whether there is one assurer or two. The bond is refundable after the assurance period, provided no recoverable payments have been made.

The assurer must meet income requirements. They need to demonstrate sufficient taxable income for the past two financial years. This ensures they have the financial capacity to support you.

The assurance of support is a crucial step in the visa process. Your visa cannot be granted without it. The Department of Social Services assesses the assurance of support.

What health checks are required for the Australia Aged Dependent Relative visa subclass 838?

You must undergo health checks for the Australia Aged Dependent Relative visa subclass 838. These checks ensure you meet Australia’s health requirements. The primary purpose is to protect public health in Australia. They also ensure you will not be an undue cost to Australia’s health and community services.

You will be required to have a medical examination. This typically includes a general physical examination. You may also need chest X-rays. Blood tests and urine tests might also be part of the requirement.

The Department of Home Affairs will provide instructions on how to arrange your health checks. You must attend examinations with a panel physician. These are doctors approved by the Australian government.

Do not arrange health checks before you are instructed to. The results have a limited validity period. Getting them too early could mean you need to repeat them.

The cost of health checks is your responsibility. The processing of your visa will not continue until these checks are completed and assessed. Be truthful and thorough during your examinations.

Can you work on the Australia Aged Dependent Relative visa subclass 838?

Yes, once granted the Australia Aged Dependent Relative visa subclass 838, you will have full work rights. This means you can work in Australia without any restrictions on hours or type of employment.

This visa grants you permanent residency. As a permanent resident, you have many of the same rights as an Australian citizen. This includes the right to work.

There are no specific work limitations on this visa. You can seek employment in any field you are qualified for. You can work full-time, part-time, or casually.

Access to employment can help you integrate into Australian society. It can also help you become more financially independent. Many aged people choose to work part-time to supplement their income.

Remember to obtain a Tax File Number (TFN) from the Australian Taxation Office (ATO) before you start working. This is necessary for employment purposes.

How long does it take to process the Australia Aged Dependent Relative visa subclass 838?

Processing times for the Australia Aged Dependent Relative visa subclass 838 can be very long. These visas are subject to capping and queuing. This means there is a limited number of visas granted each year. Applications are placed in a queue and processed in order.

The Department of Home Affairs publishes estimated processing times on their website. However, these are just estimates and can change. It is not uncommon for these visas to take many years to be processed, often exceeding 10 years.

Factors affecting processing times include the number of applications received. Government policy changes can also impact the queue. The completeness and quality of your application play a role. A well-prepared application might move through the initial assessment phase faster.

Do not expect a quick outcome for this visa. Plan your affairs accordingly. Keep your contact details updated with the Department. They will notify you when your application is ready for assessment.

Patience is key with this visa subclass.

What happens if your Australia Aged Dependent Relative visa subclass 838 is refused?

If your Australia Aged Dependent Relative visa subclass 838 is refused, you will receive a written notification. This notification will explain the reasons for the refusal. It will also tell you if you have the right to appeal the decision.

Often, you can apply for a review of the decision at the Administrative Appeals Tribunal (AAT). The refusal letter will specify if AAT review rights apply. It will also state the deadline for lodging an appeal. This is usually a strict time limit, typically 28 days.

The AAT is an independent body. They will re-examine your application and the Department’s decision. You can present new information or arguments to support your case.

If you do not have AAT review rights, or if your AAT appeal is unsuccessful, you may need to consider other visa options. You might be able to reapply for the visa if the issues that led to the refusal can be addressed. However, eligibility criteria must still be met.

Seek legal advice if your visa is refused. A migration agent or lawyer can help you understand your options.

Who can sponsor you for the Australia Aged Dependent Relative visa subclass 838?

Your sponsor for the Australia Aged Dependent Relative visa subclass 838 must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. They must be at least 18 years old.

The sponsor must be “settled” in Australia. This generally means they have been living lawfully in Australia for a reasonable period. This shows a commitment to residing in Australia.

They must be your child, adoptive child, or step-child. The relationship must be genuine. The sponsor takes on a significant responsibility.

Your sponsor cannot have any adverse information relating to their character. This includes criminal convictions. The Department assesses the sponsor’s suitability.

Only one person can be the sponsor for this visa. However, an assurance of support can involve two people. Your sponsor is the person who initiates the visa application on your behalf. They commit to supporting you financially and providing accommodation.

Can you apply for permanent residency through the Australia Aged Dependent Relative visa subclass 838?

Yes, the Australia Aged Dependent Relative visa subclass 838 is a permanent residency visa. If your application is successful, you will be granted permanent residency in Australia.

This means you can live in Australia indefinitely. You will have the right to work and study. You will also have access to Medicare, Australia’s public healthcare system.

After a certain period as a permanent resident, you may become eligible to apply for Australian citizenship. This usually requires living in Australia for a specific number of years. You must also meet other citizenship requirements, such as character and English language proficiency.

The 838 visa provides a pathway to a long-term future in Australia. It offers stability and access to various services. It is a significant step towards fully integrating into Australian society.

Understand that permanent residency does not automatically grant citizenship. You will need to apply separately for citizenship when eligible.

What are your travel rights on the Australia Aged Dependent Relative visa subclass 838?

Upon grant of the Australia Aged Dependent Relative visa subclass 838, you receive permanent residency. This means you have specific travel rights. You can travel in and out of Australia for five years from the date your visa is granted.

This travel facility allows you to leave Australia and return as often as you wish within that five-year period. It is useful if you need to visit family overseas. It also allows you to maintain connections with your home country.

After the initial five years, if you wish to continue traveling internationally and returning to Australia as a permanent resident, you will need to apply for a Resident Return Visa (RRV). An RRV extends your travel facility.

To be eligible for an RRV, you typically need to demonstrate a substantial ties to Australia. This could include living in Australia for two out of the last five years. It also includes having business, employment, or personal ties.

If you do not apply for an RRV and your initial five-year travel facility expires while you are outside Australia, you may not be able to re-enter as a permanent resident. Plan your travel accordingly.

Can your sponsor live outside Australia for the Australia Aged Dependent Relative visa subclass 838?

No, your sponsor for the Australia Aged Dependent Relative visa subclass 838 cannot live outside Australia. The sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen who is “settled” in Australia.

Being “settled” implies that they genuinely reside in Australia. They must have established a home and life there. The purpose of the visa is to allow you to join your Australian-based relative.

The sponsor’s commitment to supporting you requires their presence in Australia. They need to be available to provide financial and emotional support. They also take on the responsibility of the assurance of support.

If your sponsor moves overseas, they may no longer meet the sponsorship requirements. This could affect your visa application. The Department of Home Affairs assesses the sponsor’s current living situation.

The requirement for the sponsor to be settled in Australia is a fundamental aspect of the visa. It ensures the integrity of the family migration program.

What financial evidence do you need for the Australia Aged Dependent Relative visa subclass 838?

You need to provide clear financial evidence for the Australia Aged Dependent Relative visa subclass 838. This evidence must demonstrate your ongoing financial dependency on your Australian sponsor.

Submit bank statements from your sponsor’s account. These statements should show regular and consistent transfers of money to your account. Highlight these transactions clearly.

Also, provide your bank statements. These should show that these funds are your primary source of income. They should reflect that you are using these funds for your living expenses.

Include a detailed statement from your sponsor. This statement should explain the extent of their financial support. They should specify the duration and frequency of the support. They should also explain why you cannot support yourself.

Evidence of any significant assets you own should be provided. This includes property, investments, or other financial holdings. You must demonstrate that these assets are insufficient to support your daily living.

Tax returns of your sponsor can also be valuable. They show their income and ability to provide support. The financial dependency must be clear and verifiable.

Can you change your sponsor after applying for the Australia Aged Dependent Relative visa subclass 838?

Generally, no, you cannot change your sponsor after applying for the Australia Aged Dependent Relative visa subclass 838. The sponsor is a fundamental part of the visa application. The application is based on your dependency on that specific individual.

If your sponsor is no longer able or willing to sponsor you, your application may be refused. The Department of Home Affairs assesses the ongoing suitability of the sponsor.

There are very limited circumstances where a change of sponsor might be considered. This is usually in compassionate and compelling situations, such as the death of the original sponsor. Even then, it is not guaranteed.

It is crucial to have a stable and committed sponsor from the outset. Discuss the long-term commitment with your chosen sponsor before applying.

The visa process is lengthy. Ensure your sponsor understands the implications. They need to be willing to maintain their commitment throughout the processing period.

What are your rights as a visa holder under the Australia Aged Dependent Relative visa subclass 838?

As a visa holder of the Australia Aged Dependent Relative visa subclass 838, you gain significant rights. This visa grants you permanent residency.

You have the right to live in Australia indefinitely. This includes the freedom to choose where you live within Australia.

You have full work rights. You can seek and take up any employment. There are no restrictions on hours or type of work.

You can study in Australia. You will pay domestic student fees for higher education. This is usually lower than international student fees.

You will have access to Medicare, Australia’s public healthcare system. This means you receive subsidized healthcare services.

You may be eligible for certain social security benefits after a waiting period. This depends on your specific circumstances.

You can sponsor other eligible family members for Australian visas in the future. This is subject to meeting sponsorship requirements.

You can travel in and out of Australia for five years from the date of visa grant. After this period, you will need a Resident Return Visa.

You have the right to apply for Australian citizenship when you meet the eligibility criteria. This typically requires a period of lawful residence in Australia.

Can you study in Australia with the Aged Dependent Relative visa subclass 838?

Yes, you can study in Australia with the Aged Dependent Relative visa subclass 838. This visa grants you permanent residency. As a permanent resident, you have the same study rights as an Australian citizen.

You can enroll in any course of study. This includes vocational education, TAFE courses, and university degrees. You are eligible for domestic student fees. These fees are significantly lower than international student fees.

There are no restrictions on the level or duration of your study. You can pursue any educational goals. This can enhance your skills and integrate you further into Australian society.

Consider your personal interests and career aspirations. Australia offers a wide range of educational opportunities. You can use your permanent residency to explore these options.

Studying can be a great way to meet new people. It can also help you adapt to a new culture.

What support services are available for Aged Dependent Relative visa subclass 838 holders?

As an Aged Dependent Relative visa subclass 838 holder, you are a permanent resident of Australia. This means you can access a range of support services.

You will have access to Medicare. This is Australia’s universal health care scheme. It provides access to doctors, specialists, and public hospitals.

You may be eligible for certain social security payments. This includes age pension or other benefits. There may be waiting periods for some payments. Contact Centrelink for detailed information.

Various community support services are available for older people. These include aged care services, home support programs, and social activities. These services aim to help you live independently and stay connected.

Settlement services can also be beneficial. These services help new permanent residents adapt to life in Australia. They offer information on employment, education, and community resources.

Your sponsor is expected to provide initial support. However, government and community services are there to supplement this. Explore local council websites and community centers for resources.

Why Choose Law and Visas For your Australia Aged Dependent Relative visa subclass 838 Application

The Aged Dependent Relative visa (subclass 838) is complex. It involves strict criteria and extensive documentation. Mistakes can cause significant delays or even refusal. This costs you time and money.

Law and Visas understands these complexities. We simplify the process for you. Our experts know the specific requirements for proving dependency. We guide you on gathering crucial financial evidence.

We ensure your application is accurate and complete. This minimizes the risk of errors that lead to refusal. We prepare a strong case for your unique situation.

Applying for this visa involves long processing times. We provide clear communication throughout. You stay informed at every step. We handle all communication with the Department of Home Affairs.

Choosing Law and Visas means peace of mind. We aim for the best possible outcome. Trust us to manage your Aged Dependent Relative visa application efficiently.

 Why Choose Law and Visas as Your Immigration Consultant in Lagos

Choosing the right immigration consultant in Lagos is a big decision. Law and Visas offers clear advantages. We possess deep knowledge of international immigration laws. This includes specific requirements for various countries.

Our team in Lagos understands the local context. We know the challenges you might face. We provide personalized guidance. This ensures your application is tailored to your unique situation. We aim to make your immigration journey smoother.

We help you gather and organize documents. We review everything for accuracy. This reduces errors that could delay or refuse your application. We also manage communication with immigration authorities. This saves you time and stress.

Law and Visas focuses on transparent processes. We keep you informed at every stage. We work to maximize your chances of success. Do you want expert support for your immigration goals? Consider our local expertise and global reach.

Law and Visas: Your Australia Aged Dependent Relative visa subclass 838 Agent in Nigeria

Navigating Australian visa applications from Nigeria can be complex. Law and Visas offers expert assistance for your Aged Dependent Relative visa (subclass 838). We understand the unique challenges faced by applicants in Nigeria. Our team provides tailored guidance, ensuring all documentation meets Australian government standards.

We bridge the geographical gap, making the process smoother for you and your sponsor. Our services include thorough eligibility assessments and meticulous document preparation. We help you present clear evidence of dependency and meet all age requirements. We stay updated on the latest immigration policies, saving you time and stress.

Choose Law and Visas for reliable, professional support. We aim to reunite families in Australia.

Our Immigration Lawyer and Consultant For  Australia Aged Dependent Relative visa subclass 838

Olumide Adewumi – Director of Immigration Services

Olumide leads our immigration team. He brings 15 years of service. He focuses on complex cases. He ensures clients receive clear guidance. Olumide excels in  Australia Aged Dependent Relative visa subclass 838. He simplifies the application process. His experience means successful outcomes for you.

Tayo Mogaji – Head of Immigration Consultancy

Tayo guides clients through immigration paths. She designs custom visa strategies. Tayo understands global immigration rules. She helps clients navigate requirements. Her advice is practical. You get direct, actionable steps.

Ada Cooker – Senior Immigration Lawyer

Ada provides expert legal support. She handles diverse immigration matters. Ada excels in detailed case preparation. She ensures every application is strong. Her focus is your successful visa approval. Ada makes the legal process understandable.

How to Start Your Australia Aged Dependent Relative Visa Subclass 838 with Us at Law and Visas

Starting your Australia Aged Dependent Relative visa (subclass 838) journey with Law and Visas is straightforward. Your first step is to contact us. You can reach out through our website, phone, or email. We will schedule an initial consultation.

During this consultation, we assess your eligibility. We discuss your unique circumstances and your sponsor’s situation. We explain all visa requirements clearly. This includes age, dependency, and character criteria.

We then outline the necessary documents. We provide a tailored checklist. This helps you gather everything required. We guide you on how to obtain essential proof of financial dependency.

Once all documents are ready, we prepare your application. We complete all forms accurately. We ensure your submission is strong. We manage the lodging of your application with the Department of Home Affairs. This makes the process stress-free for you.

Client Testimonial on  Australia Aged Dependent Relative visa subclass 838

My mother, Sarah, relied completely on me for everything. Living in Lagos, I worried about her future. She was over 70, living alone, and financially dependent. Bringing her to Australia seemed impossible. The Aged Dependent Relative visa (subclass 838) rules looked so complex. I felt overwhelmed just reading them.

Then I found Law and Visas here in Nigeria. From our first meeting, they brought clarity. They explained each step of the 838 visa process. They broke down the age requirements, the proof of dependency, and the assurance of support. We needed to show consistent financial transfers. My mother also needed to prove her single status. Law and Visas helped us organize all the bank statements. They guided us on drafting the statutory declarations. They made sure every document was perfect.

The process was long, but Law and Visas kept us informed. They updated us regularly. Their team handled all communication with the Australian Department of Home Affairs. This removed so much stress from me.

Today, my mother lives with me in Sydney. She is safe and happy. The visa was granted thanks to Law and Visas. They made a challenging dream a reality. I wholeheartedly recommend them. If you are in Nigeria and need help with an Australian visa, talk to Law and Visas. They get results.

How to Contact Law and Visas

You can reach Law and Visas through various channels.

Visit Our Office: Our physical address is 123 Obadina Street, Omole Phase 1, Ojodu, Lagos, Nigeria.

Call Us: For immediate assistance, call our phone number: +2348125505986.

Message Us on WhatsApp: Connect with us via WhatsApp at ‪+44 7861 392567‬.

Send an Email: For general inquiries, email us at contact@lawandvisas.com.

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Written by Our Immigration Experts

Amaka Nwafor – Immigration Research Analyst

Amaka Nwafor, our Immigration Research Analyst, shares her deep knowledge of Nigerian immigration law. She covers both family and business visas. Amaka clearly explains application processes and offers tips for a smooth experience. Her writing helps you prepare thoroughly, providing actionable steps you can take.

Legal Disclaimer 

This information is for general use only. It is not legal advice. Laws change. The content here may not be current. We do not guarantee its accuracy. We are not responsible for any errors. Always speak with an Immigration Advice Service lawyer before you act on any information here.