I often meet families in Australia who are deeply concerned about the wellbeing of their elderly parents or relatives abroad. One recent example is a family of Colombian heritage who has been living in Australia for several years now. They are already Australian citizens, and their 94-year-old father has been visiting on a temporary visa. To keep his visa valid, he has had to travel frequently from Colombia to Australia—a considerable hardship at his age. He has no close relatives left in Colombia to care for him and relies entirely on his children in Australia for support.
This situation is not uncommon. Many older parents reach a stage in life where they need to be with their children permanently in Australia. Fortunately, there are visa pathways designed specifically for this: the Aged Dependent Relative visa (Subclass 114 and Subclass 838).
What is the Aged Dependent Relative Visa?
The Aged Dependent Relative visa is a permanent visa designed for older individuals who are single and financially dependent on a relative living in Australia. There are two subclasses:
- Subclass 114 Aged Dependent Relative visa – for applicants applying from outside Australia.
- Subclass 838 Aged Dependent Relative visa – for applicants applying from inside Australia.
Both visas have the same benefits and eligibility criteria, but where an applicant applies from makes the difference.
Key Benefits
With either Subclass 114 or 838, successful applicants can:
- Stay in Australia indefinitely as a permanent resident
- Work and study with full rights under Australian law
- Enrol in Medicare, Australia’s public health system
- Access free English language classes under the Adult Migrant English Program (if eligible)
- Sponsor other relatives to migrate in Australia
- Apply for Australian citizenship once eligible
- Travel in and out of Australia freely for the first five years after grant (after which a Resident Return visa or citizenship is required to continue re-entry rights)
Eligibility Requirements
To be granted a Subclass 114 or Subclass 838 Aged Dependent Relative visa, applicants must meet several key conditions.
Age
The applicant must be old enough to qualify for the age pension in Australia which is at least 67 years of age. This ensures the visa is only for older people in genuine need of family support.
Dependency
The person must have relied on their Australian relative for basic living needs such as food, clothing, and housing for at least three years before applying. Dependency can also be due to a disability that prevents the applicant from working.
No Partner
An applicant must have no partner.
Sponsorship
An eligible relative or relative’s partner must sponsor the application. A relative can be a child, parent, brother, sister, stepchild, step-parent, stepbrother or stepsister, grandparent, grandchild, aunt, uncle, niece, nephew or step equivalent.
Assurance of Support
The sponsor must provide an assurance of support. This is a legal commitment to cover the applicant’s financial needs so he or she does not have to rely on government welfare.
Health and Character
Applicants and any family members included in the application must meet Australia’s health and character standards. This may involve medical exams and police checks.
No Outstanding Debts
Applicants must not owe money to the Australian Government. If any debt exists, it must be repaid or arrangements must be in place.
Immigration History
The applicant must not have had a visa cancelled or a serious visa refusal in the past.
How Salia Lawyers & Associates Can Help
Every family’s circumstances are different. At SALIA Lawyers & Associates, we provide clear, expert advice tailored to your situation. If you are considering bringing your elderly relative to Australia under the Aged Dependent Relative visa, contact us today for a consultation.
Unsure if you qualify as a sponsor? Read our detailed article on sponsor eligibility.
Disclaimer: Please note that the information provided is intended as a general guide and should not be relied upon as legal or migration advice. As migration laws and regulations can change, we recommend consulting an Australian Lawyer or Registered Migration Agent for advice tailored to your circumstances.
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