Subclass 838 Aged Dependent Relative Visa

Overview

The Aged Dependent Relative visa (subclass 838) is a permanent visa that allows elderly individuals who are financially dependent on an eligible relative in Australia to remain in Australia permanently. Unlike Subclass 114 (offshore), the 838 visa is for applicants who are already in Australia at the time of application and at the time of grant.

This visa provides a pathway for permanent residency to those with limited support overseas and who rely significantly on a close Australian relative for day-to-day living and financial stability.

Key Features

• Permanent residency for aged dependent relatives already in Australia
• Access to Medicare, Centrelink (after waiting periods), and citizenship pathways
• Includes travel facility for 5 years
• Must be sponsored by an eligible close family member

Eligibility Criteria

For the Applicant

You must:

• Be in Australia at the time of application and visa decision
• Be eligible for the Age Pension in Australia (currently age 67 for those born after Jan 1, 1957)
• Have no partner or spouse
• Have been financially dependent on your sponsor for at least 3 years prior to the application
• Have no other close family members overseas who could provide the same support
• Meet health and character requirements
• Not have previous visa refusals or cancellations

For the Sponsor

The sponsor must:

• Be an Australian citizen, permanent resident, or eligible New Zealand citizen
• Be aged 18 or over
• Reside in Australia
• Be the applicant’s eligible relative (child, sibling, niece/nephew, or grandchild)
• Agree to sponsor the applicant and sign a sponsorship undertaking

Financial Dependency Requirements

To prove financial dependency, the applicant must demonstrate:

• Continuous financial support from the sponsor over the last 3 years
• Support was necessary for daily living
• The applicant had no significant income or assets of their own
• Evidence such as:
  • Bank statements
  • Money transfers
  • Payment of bills (rent, utilities)
  • Affidavits/statutory declarations

Application Process

Step 1: Prepare Documentation

• Certified identification documents
• Proof of age
• Proof of relationship with sponsor
• Evidence of financial dependency for at least 3 years
• Police clearances
• Medical exams
• Completed Form 47PA (Application) and Form 40 (Sponsorship)

Step 2: Lodge the Application

• Lodge in Australia by paper application to the Department of Home Affairs
• You must hold a valid visa (excluding bridging, criminal justice, or enforcement visas)

Step 3: Bridging Visa Grant

• You will likely be granted a Bridging Visa A (BVA) which lets you stay in Australia while the application is processed
• Work rights depend on your current visa and application circumstances

Step 4: Queue Allocation

• Once assessed for eligibility, the application will be placed in a processing queue
• You will be issued a queue date which determines your place in the family migration cap

Step 5: Final Decision

• The Department assesses the application when it reaches the front of the queue
• If approved, you will be granted permanent residency

Processing Time

Due to strict annual caps on family reunion visas, the wait time is extensive.

Note: This subclass is part of the Other Family category, which receives a very limited number of places each year.

Visa Costs

Common Use Cases

✅ Use Case 1: Elderly Mother Already in Australia

A 70-year-old widow visiting her son in Brisbane on a visitor visa has been supported financially by him for over 3 years. She applies for a Subclass 838 visa while still in Australia and is granted a Bridging Visa A while she waits.

✅ Use Case 2: Elderly Aunt With No Family Overseas

A 68-year-old aunt from India has no surviving relatives other than her niece in Melbourne, who has supported her financially and accommodated her for 5 years. She meets all the criteria and applies under subclass 838 while on a valid visa.

Common Hurdles

• Insufficient evidence of financial dependency
• Having a partner or de facto relationship
• Applicant not holding a substantive visa at the time of application
• Lack of clarity in sponsor’s relationship or financial situation
• Misunderstanding of wait times — this visa has one of the longest queues
• Visa lodged from inside Australia without meeting health or character criteria

FAQs

What is the difference between Subclass 838 and Subclass 114?

• Subclass 838 is for applicants inside Australia
• Subclass 114 is for those outside Australia
• Both have the same eligibility criteria but differ in location of lodgement and grant

Can I work while waiting on a Bridging Visa?

You may be eligible for work rights under your Bridging Visa A, especially if you can demonstrate financial hardship or meet specific conditions.

Can I include family members in my application?

Yes, you can include dependent children or other eligible family members. They must meet health and character requirements and be included at the time of lodgement.

Can my sponsor change during the process?

If your sponsor dies during the process, the Department may allow another eligible family member to assume sponsorship. However, this is evaluated case-by-case.

Is there any way to fast-track the 838 visa?

No. There is no priority processing for this visa. The only path to faster processing is through other visa subclasses such as Contributory Parent Visas (with higher fees).

Trends and Country of Origin

Applicants most commonly come from countries with:

• Fewer social services for the elderly
• Strong family-based cultural ties
• Limited pension systems

Frequent countries of origin include:

• India
• Sri Lanka
• Nepal
• Philippines
• Vietnam
• Lebanon

Important Considerations

❗ If your Bridging Visa A does not include travel rights, you will need to apply for a Bridging Visa B before leaving Australia temporarily.

❗ Long queues mean many applicants may not live long enough to see visa grant. Families use this visa for long-term planning, not urgent migration.

Resources

• Department of Home Affairs – Subclass 838
• Form 47PA (Application)
• Form 40 (Sponsorship)
• Medicare & Age Pension Eligibility

Need Help With the 838 Visa?

The Aged Dependent Relative visa (subclass 838) is complex, with long processing times, strict dependency requirements, and serious documentation demands. Whether you're supporting an elderly parent, aunt, or grandparent already in Australia, getting it right from the start can save years of delay.

🌐 Visit ausvisalibrary.com to:

• Browse document checklists
• Understand queue management
• Learn about sponsor obligations

💬 Contact us if you need help or wish to explore related visa options. We're here to support you every step of the way.