Australia Aged Dependent Relative Visa (Subclass 838): Eligibility and Application Process

Overview of Subclass 838 Visa

If you have an elderly relative who is dependent on you and you are living in Australia, you may be eligible to sponsor them to come and live with you permanently using the Aged Dependent Relative visa (subclass 838). This permanent visa allows your elderly relative to stay in Australia indefinitely, work and study in Australia, and access Medicare and other social security benefits.

To be eligible for the subclass 838 visa, your relative must be 65 years or older and dependent on you or your partner for financial support. They must also meet the health and character requirements set by the Australian government.

Once your relative is granted the subclass 838 visa, they can live in Australia permanently and apply for Australian citizenship if they meet the eligibility criteria. They can also travel in and out of Australia as many times as they want for five years from the date the visa is granted.

It is important to note that the subclass 838 visa is a permanent visa, which means that your relative can live in Australia permanently. They can also work and study in Australia, and access Medicare and other social security benefits. However, they must remain dependent on you or your partner for financial support, as this is a requirement for the visa.

In summary, the subclass 838 visa is a permanent visa that allows your elderly relative to live in Australia permanently, work and study in Australia, and access Medicare and other social security benefits. If you are eligible to sponsor your elderly relative, and they meet the eligibility criteria, this visa may be a good option for them to come and live with you in Australia.

Eligibility Criteria

To be eligible for the Australia Aged Dependent Relative visa (subclass 838), you must meet certain criteria. This visa is intended for those who have an eligible relative in Australia who is willing to sponsor them. The relative must be an Australian citizen, permanent resident, or eligible New Zealand citizen.

To be considered an eligible relative, you must be the aged dependent relative of the sponsor. This means you must be single and financially dependent on the sponsor, or have a disability that prevents you from working and earning a living. You must also meet the age requirements, which vary depending on the sponsor’s age.

If the sponsor is aged 18 years or older, you must be at least 65 years old. If the sponsor is aged between 18 and 23 years old, you must be at least 60 years old. If the sponsor is aged between 24 and 47 years old, you must be at least 55 years old. If the sponsor is aged 48 years or older, you must be at least 50 years old.

In addition to meeting the age requirements, you must also meet the health and character requirements set by the Australian government. This may involve undergoing a medical examination and obtaining a police clearance certificate.

Overall, the Australia Aged Dependent Relative visa (subclass 838) is designed to reunite families and provide support to those who are financially dependent on their relatives. If you meet the eligibility criteria, this visa may be an option for you to consider.

Application Process

To apply for the Aged Dependent Relative visa (subclass 838), you must first ensure that you meet the eligibility criteria. Once you have confirmed your eligibility, you can begin the application process by completing and submitting the appropriate forms.

The application process for the subclass 838 visa involves several steps, which may take several months to complete. You will need to provide various documents to support your application, including proof of your relationship to the Australian citizen or permanent resident who will be sponsoring you, as well as evidence of your financial dependence on them.

To apply for the subclass 838 visa, you will need to complete Form 47PA (Application for migration to Australia by a parent or other relative), which can be downloaded from the Department of Home Affairs website. You will also need to pay an application fee, which consists of a first instalment and a second instalment.

The first instalment must be paid at the time of lodgement of your application, and the second instalment must be paid before a decision is made on your application. The fees are subject to change, and you should check the Department of Home Affairs website for the current fee schedule.

It is important to note that your application may be refused if you do not provide all the required documents or if you do not meet the eligibility criteria. If your application is refused, you may be able to appeal the decision, but this can be a lengthy and expensive process.

In summary, applying for the Aged Dependent Relative visa (subclass 838) can be a complex and time-consuming process. However, by carefully following the application process and providing all the required documents, you can increase your chances of success.

Sponsorship Requirements

If you are an Australian citizen or permanent resident, you may be able to sponsor eligible family members for an Aged Dependent Relative visa (subclass 838). This visa is intended for elderly relatives who are dependent on you for financial support and care.

To sponsor an eligible family member, you must meet certain requirements. First, you must be an Australian citizen or permanent resident. Additionally, you must be able to demonstrate that you are able to provide adequate financial support and accommodation for your relative during their stay in Australia.

You must also be able to demonstrate that your relative is dependent on you for financial support and care. This may involve providing evidence of your relative’s medical condition and their need for ongoing care.

Once you have met the sponsorship requirements, you can submit an application to sponsor your eligible family member for an Aged Dependent Relative visa (subclass 838). This application will be assessed by the Australian government to determine whether your relative meets the eligibility criteria for the visa.

If your relative is granted a visa, they will be able to live in Australia permanently and access medical care and other services. However, it is important to note that this visa does not provide access to Australian social security benefits.

Overall, sponsoring an eligible family member for an Aged Dependent Relative visa (subclass 838) can be a complex process. However, with careful preparation and attention to detail, you can ensure that your relative has the opportunity to live with you in Australia and receive the care and support they need.

Health and Character Assessments

When applying for the Aged Dependent Relative visa (subclass 838), you and your dependent relative must meet certain health and character requirements. These requirements are in place to ensure that you and your dependent relative can contribute to the Australian community and economy and that you will not be a burden on the Australian healthcare system.

Health Requirements

You and your dependent relative must undergo a health examination as part of the visa application process. The health examination is to determine if you and your dependent relative have any medical conditions that could be a risk to public health or safety or could result in significant healthcare costs to the Australian community.

The health examination includes a medical examination, chest x-ray, and blood tests. You and your dependent relative may also need to undergo additional tests depending on your medical history and age.

Character Requirements

You and your dependent relative must also meet the character requirements set by the Australian government. This means that you and your dependent relative must not have a criminal record or a history of involvement in activities that are considered to be a risk to national security.

You and your dependent relative must provide police certificates from all countries where you have lived for 12 months or more in the last 10 years since turning 16 years of age.

Health and Character Requirements

In addition to meeting the health and character requirements separately, you and your dependent relative must also meet the health and character requirements together as a family unit. This means that if one member of the family fails to meet the health or character requirements, the entire family may not be granted the visa.

Health Insurance

It is important to note that the Aged Dependent Relative visa (subclass 838) does not provide access to Medicare, Australia’s public healthcare system. You and your dependent relative must arrange for private health insurance to cover any healthcare costs while in Australia.

In summary, the Aged Dependent Relative visa (subclass 838) requires you and your dependent relative to meet certain health and character requirements to ensure that you can contribute to the Australian community and economy and that you will not be a burden on the Australian healthcare system. You must also arrange for private health insurance to cover any healthcare costs while in Australia.

Financial Support and Assurance

If you are planning to sponsor an aged dependent relative to come to Australia, you must be aware that you will need to provide financial support to them. The financial support you provide must cover their basic needs such as food, clothing, and accommodation.

To apply for the Aged Dependent Relative visa (subclass 838), you will also need to provide an assurance of support. This is a legal agreement that you will provide financial support to your relative for up to 10 years. The assurance of support ensures that your relative will not have to rely on Australian government assistance during their stay in Australia.

To provide an assurance of support, you will need to lodge a bond with the Australian government. The bond amount will depend on the number of people you are sponsoring and their age. The bond amount for the Aged Dependent Relative visa (subclass 838) is currently AUD 12,000 for the primary applicant and AUD 4,000 for each additional applicant.

It is important to note that the bond is refundable once the assurance of support period has ended and all obligations have been met. However, if your relative receives any government assistance during the assurance of support period, you may be required to repay the amount to the Australian government.

In summary, providing financial support and an assurance of support are important requirements for sponsoring an aged dependent relative to come to Australia on the Aged Dependent Relative visa (subclass 838). Make sure you are prepared to meet these obligations before applying.

Rights and Obligations Under the Visa

If you are granted an Australia Aged Dependent Relative visa (subclass 838), you have certain rights and obligations that you must comply with. Here are some of the most important ones:

Rights

  • You can travel to and from Australia as many times as you want while the visa is valid.
  • You can work in Australia, but there are some restrictions. You cannot work for more than 20 hours per week while the course you are studying is in session, and you cannot start working until the course has commenced.
  • You can study in Australia, but you will not be entitled to any government funding for your studies.
  • You have the right to obey Australian laws and live in Australia for up to two years from the date of your first entry.

Obligations

  • You must comply with all visa conditions, including the ‘no further stay’ condition, which means that you cannot apply for any other visa while you are in Australia.
  • You must not work in Australia until your course has commenced, and you must comply with the work restrictions while the course is in session.
  • You must obey Australian laws, including any traffic laws, and you must not engage in any criminal activity while you are in Australia.
  • If your visa is cancelled, you must leave Australia immediately.

It is important to note that these rights and obligations are not exhaustive. For a full list of your rights and obligations under the visa, please visit the Department of Home Affairs website.

Post Visa Grant Considerations

Congratulations on being granted the Australia Aged Dependent Relative visa (subclass 838)! Now that you have your visa, there are a few post-visa grant considerations you should be aware of.

Travel Facility

Your subclass 838 visa will have a travel facility that allows you to leave and re-enter Australia as many times as you want while the visa is valid. However, keep in mind that the travel facility will expire 5 years after the visa grant date. If you plan to travel outside of Australia after your travel facility has expired, you will need to apply for a Resident Return Visa (RRV).

Work and Study

The subclass 838 visa does not provide work or study rights. If you want to work or study in Australia, you will need to apply for a different visa that allows you to do so. Some options to consider include the subclass 114, subclass 836, and subclass 835 visas.

Other Family Visas

If you have other family members who are also looking to migrate to Australia, there are other family visas available to them. These include the Remaining Relative Visa and other Family Visas. Keep in mind that there are caps on the number of visas that can be granted each year, so it is important to apply as soon as possible.

Migration Expert

Navigating the Australian immigration system can be complex and confusing. If you are unsure about any aspect of your visa or have questions about other visa options, it is recommended that you seek the advice of a registered migration agent or migration expert.

In conclusion, the subclass 838 visa is a great opportunity for aged dependent relatives to migrate to Australia. However, it is important to be aware of the post-visa grant considerations outlined above to ensure a smooth transition to life in Australia.

Frequently Asked Questions

What is the eligibility criteria for the Aged Dependent Relative visa (subclass 838)?

To be eligible for the Aged Dependent Relative visa (subclass 838), your relative must be outside Australia and dependent on you for financial support. They must also meet the age requirement, which is 65 years or older.

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

The processing time for the Aged Dependent Relative visa (subclass 838) varies depending on individual circumstances. It is recommended to check the Department of Home Affairs website for up-to-date processing times.

What are the financial requirements for the Aged Dependent Relative visa (subclass 838)?

As a sponsor, you must provide financial support to your relative for at least 2 years after they arrive in Australia. You must also meet the income requirements set by the Department of Home Affairs.

Can I include my spouse and children in my Aged Dependent Relative visa (subclass 838) application?

No, you cannot include your spouse or children in your Aged Dependent Relative visa (subclass 838) application. However, they may be eligible to apply for other visas to come to Australia.

What is the difference between the Aged Dependent Relative visa (subclass 838) and the Carer visa (subclass 116/836)?

The Aged Dependent Relative visa (subclass 838) is for elderly relatives who are dependent on their Australian sponsor for financial support. The Carer visa (subclass 116/836) is for people who need to come to Australia to provide care for their Australian relative.

Is there an age limit for the sponsor of the Aged Dependent Relative visa (subclass 838)?

No, there is no age limit for the sponsor of the Aged Dependent Relative visa (subclass 838). However, you must be an Australian citizen, permanent resident, or eligible New Zealand citizen to be a sponsor.

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