Subclass 838 visa – a way to bring your aged relatives to australia

What is a Subclass 838 visa?

The Subclass 838 visa, commonly referred to as the Aged Dependent Relative visa, is a permanent visa for older individuals who are financially dependent on an Australian citizen/ permanent resident, or eligible New Zealand citizen for support and care because of physical, mental, or emotional conditions.

Unlike subclass 114 visa, the subclass 838 requires the applicants to be in Australia when applying for the visa.

Benefits of an Aged Dependent Relative Subclass 838 visa

The Aged Dependent Relative – Subclass 838 visa offers several significant benefits for the visa holders:

• Permanent residency: Visa 838 holders can live in Australia permanently.
• Access to Australian services: Holders of the Subclass 838 visa are eligible for healthcare services and social security benefits that are available to residents of Australia.
• Work and study: Visa holders are permitted to work and study in Australia.
• Family reunification: Subclass 838 enables eligible relatives to reside in Australia with their family members who are Australian citizens/ permanent residents, or eligible New Zealand citizens.
• Financial support: Allows the eligible relative to obtain financial assistance from their sponsoring family member residing in Australia.
• Pathway to citizenship: After meeting the residency requirements, visa holders can apply for Australian citizenship, which provides them with the rights and privileges of being an Australian citizen.

If you’re not clear about the benefits of the Subclass 838 Aged Dependent Relative visa, contact VEM to get our support!

Requirements of the Subclass 838

Below are the requirements for the Subclass 838 visa (Aged Dependent Relative visa):

1. Sponsorship: The applicant must have a sponsoring relative who is an Australian citizen/ permanent resident, or eligible New Zealand citizen living in Australia.
2. Dependency: The applicant must provide evidence that they are financially reliant on the sponsoring relative due to their mental, physical, or emotional conditions.
3. Health and Character: The applicant must meet the health and character standards set by Australian immigration authorities.
4. Assurance of Support: The sponsor is required to give an Assurance of Support (AoS), which is a commitment to provide financial assistance to the applicant.
5. Age: The applicant must meet the specified age criteria for this visa category.

In addition to subclass 838 visa, there are other Family sponsored visas such as subclass 835 or subclass 836 visa for you to choose. You should note that you must be in Australia at the time of applying and being granted the visa.

Step-by-step of a Subclass 838 visa

When applying for a Subclass 838 visa, the applicant will need to go through the below steps:

• Step 1: Ensure you meet the eligibility criteria, including confirming eligibility with a sponsoring relative in Australia.
• Step 2: Gather required documents, complete the necessary forms, submit your application, and pay the visa fee.
• Step 3: If requested, provide any additional documents or information to the Department of Home Affairs. 
• Step 4: If your application is approved, you will receive notification of your visa grant.
• Step 5: Arrange your travel plans and adhere to the visa conditions once you arrive in Australia.

Contact VEM to be well-prepared for your visa application. Our qualified consultant – Mr. Peter Cao, a registered migration agent (MARN: 1577877), will assist you for the whole process of your application.

Required documents to apply for a Subclass 838

To apply for a Subclass 838 visa (Aged Dependant Relative visa onshore), you typically need the following documents:

• Identity documents: A valid passport and birth certificate.
• Relationship evidence: Proof of your relationship with the eligible sponsoring relative.
• Dependency evidence: Documentation showing your financial dependence on the sponsoring relative due to age-related physical, mental, or emotional conditions.
• Health and character documents: Health examinations and police clearance certificates from countries where you have lived for 12 months or longer.
• Assurance of support: An Assurance of Support (AoS) from an eligible sponsor in Australia, indicating their commitment to financially support you.
• Other supporting documents: Other relevant documents such as marriage certificates, divorce decrees,…

Subclass 838 processing time

Currently, the Department of Home Affairs has not published specific processing times for Subclass 838 Aged Dependent Relative visa applications. It is advisable to carefully prepare your documents to ensure a prompt processing and approval of your visa application.

Mr. Peter Cao (CEO of VEM), a member of the Migration Institute of Australia (MIA: 12648), has always been among the first people to get updates of Australian immigration changes. Therefore, VEM’s clients are always well informed and advised.

Cost of Subclass 838 visa application

The cost of Australian visa application has increased from July 1, 2024. Below are the fees associated with applying for subclass 838 visa for each applicant:

Note: The 838 visa fees listed above do not include a 1.4% surcharge.

Note that you may not get any refund if your visa application is refused.

The responsibilities of the Subclass 838 visa

The sponsor must pay assurance of support before being granted the 838 visa.

• Assurance of support payment must be made for the visa grant.
• Sponsors are required to support their parents financially without them needing any income support from the Australian government for the entire Assurance of Support period
• Sponsors must pay the Australian government back for any income support they give their parents within the Assurance of Support period.

Basic differences between Subclass 838 visa and Subclass 114 visa

You must be offshore when applying for a Subclass 114 visa. In contrast, you must be onshore when applying for visa 838.

In order to get the best outcome of your visa application contact VEM for further assistance!

By: Peter Phong D Cao – Registered migration agent

(MARN: 1577877, MIA: 12648)

Frequently asked questions