Bringing an elderly parent or relative to live with you in Australia under the Aged Dependent Relative visa (Subclass 114 and 838) is not just about the applicant’s eligibility. In a previous article, we outlined the key features of this visa, including who can apply and the benefits it provides. In this article, we focus on the sponsor: your eligibility, obligations, and responsibilities. Understanding these requirements is essential before starting the application process.
Who Can Be a Sponsor for an Aged Dependent Relative Visa?
To be eligible to sponsor an elderly dependent relative, you (or your partner) must:
- Be at least 18 years old
- Be settled in Australia and usually a resident here, or
- Hold one of the following statuses:
- Australian citizen
- Australian permanent resident
- Eligible New Zealand citizen
Being “settled” generally means you have lived lawfully in Australia for a reasonable period and have established your life here.
What Are Your Sponsorship Obligations?
When you agree to sponsor, you make a formal commitment to support your relative as he or she starts a new life in Australia. This includes:
- Offering financial support so the applicant (and any dependent family members included in their visa) does not have to rely on government welfare
- Providing basic living needs such as food, clothing, and shelter
Your obligation is a serious, legally recognised commitment. It must be made in writing as part of the visa application process.
Duration of Subclass 114 and 838 Sponsorship Obligations
Your sponsorship responsibilities last for two years from the date your relative arrives in Australia on the visa (or from visa grant, if already in Australia).
If you have also provided an assurance of support, you may be required to repay the Australian Government for any social security benefits your sponsored relative (and any family members who migrated with them) receives during this two-year period.
Can You Withdraw Your Sponsorship?
Sponsors sometimes ask whether they can withdraw their obligations after the visa has been granted. The short answer is: not easily. Once the visa is granted, you remain bound by your commitments.
If the Department of Home Affairs releases you from your obligations, it is highly likely that the visa will also be cancelled. If you are released, you will receive written confirmation from the Department. This highlights why it is important to fully understand and be prepared for the responsibilities before agreeing to sponsor.
Ongoing Responsibilities: Keeping the Department Informed
As a sponsor, you must keep the Department of Home Affairs updated about significant changes to your personal situation. This includes notifying them of:
- Any updates to your contact details such as address, phone number, email, or passport information
- Any changes to your marital or relationship status
Clear communication ensures compliance and avoids complications with your sponsored relative’s visa.
At SALIA Lawyers & Associates, we understand that sponsoring an elderly relative is a major decision that impacts both you and your loved ones. If you are considering sponsoring a parent or elderly family member under the Aged Dependent Relative visa (Subclass 114 or 838), contact SALIA Lawyers & Associates today for tailored advice.
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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