Subclass 838 Visa (Onshore): Aged Dependent Relative Visa

After having settled down in Australia, you may think of bringing your aged family members to Australia and taking care of them. How to prepare and successfully apply for this visa? Dive in to get advice from our registered migration agent, or applicants who instead wish to reunite with a spouse or partner, the Subclass 309/100 visa may be a more appropriate pathway, as it supports partners of Australian citizens and permanent residents. 

What is a Subclass 838 visa?

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

Many families consider subclass 838 after exploring other parent visa Australia options to determine which pathway best fits their long-term plans.

Benefits of 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 healthcare: Eligible for healthcare services and social security benefits in Australia.
• Work and study: Visa holders are permitted to work and study in Australia.
• Financial support: Obtain financial assistance from their sponsoring family member residing in Australia.
• Pathway to citizenship: Apply for Australian citizenship if you meet the requirements.

For families planning multiple migration pathways, it’s also helpful to explore how this visa fits within broader Australian visa types to make strategic long-term decisions.

Eligibility Requirements 

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

• Age: Be 67 years or older to qualify for the Age Pension under the Social Security Act.
• Relationship: The sponsor is your child, parent, sibling, grandparent, grandchild, aunt, uncle, niece, or nephew.
• Financial Dependency: Financially dependent for more than 3 years, or unable to work due to disability.
• Marital status: No spouse or de facto partner, of any gender.
• Sponsor: An Australian citizen, permanent resident, or eligible New Zealand citizen, aged 18 or over.
• No Further Stay: No 8503, 8534, or 8535 condition that prevents applying onshore.
• Health & character requirements: Meet health checks and provide police certificates.
• Debts: No unpaid debts to the Australian Government, or a formal arrangement to repay.
• Visa history: No relevant visa refusals or cancellations that would block the grant.
• Children: Decisions for applicants under 18 must be in the child’s best interests.
• Location: Apply inside Australia and remain in Australia for the decision.

In addition to the 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.

Criteria for Sponsorship

To sponsor your application, your Australian relative (or their spouse/de facto partner) must satisfy these requirements:

• Be at least 18 years of age.
• Have been living in Australia for a minimum of two years.
• Hold Australian citizenship, permanent residency, or be an eligible New Zealand citizen.
• Provide an Assurance of Support (AoS) confirming their commitment to financially support you while you are in Australia.

You must either:

• Have relied on your Australian relatives for basic living costs (food, housing, clothing) for at least 3 years before applying, or
• Be unable to work due to a disability and depend on them for support.

The dependency must exist before lodgement and continue during processing.

The Application Process

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

1. Check the eligibility

First, you need to meet the eligibility criteria, including confirming eligibility with a sponsoring relative in Australia.

2. Fill out the visa application

Fulfill Form 47OF (Application for migration to Australia by other family members). Attach all required documents, such as proof of dependency and any other evidences proofing your claims.

3. Sponsorship form

Your Australian relative must complete Form 40 (Sponsorship Form). This is an essential part of your application, confirming that they agree to support you financially.

4. Pay the visa fees

The Subclass 838 visa requires two payment stages. Make the first payments when you apply, and the second just before the visa is granted.

5. Submit supporting documents

Fulfill your application with all necessary documents. This includes the visa application, sponsorship form, proof of dependency, and other relevant paperwork.

6. Wait for processing

Your application will be assessed by the Department of Home Affairs. You can check visa status Australia to follow your application updates through official systems.

Some sponsors are only eligible to sponsor an 838 visa after becoming permanent residents through skilled pathways such as 186 visa, subclass 190 visa, 494 visa, or 191 visa, which then allows them to meet the “settled in Australia” requirement.

Required Documents Checklist

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

• A valid passport and birth certificate.
• Proof of your relationship with the eligible sponsoring relative.
• Documentation showing your financial dependence on the sponsoring relative:
  • Regular bank transfers that align with living expenses
  • Joint leases or shared utility bills at the same address
  • Invoices for rent, food, and medical costs are covered by the sponsor
  • Medical records outlining a disability that limits work capability
  • Personal statements explaining the necessity of the support
• Health examinations and police clearance certificates from countries where you have lived for 12 months or longer.
• An Assurance of Support (AoS) from an eligible sponsor in Australia.
• Other relevant documents such as marriage certificates, divorce decrees,…

Processing Times

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.

Visa Cost

The cost of a subclass 838 visa for each applicant is AUD$8,665, divided into 2 instalments as follows:

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.

Unlike subclass 114 visa, some families preparing onshore applications, especially those who previously gathered documents for a partner visa checklist, find it easier to organise their evidence for the 838 visa because the structure of supporting documents is similarly detailed.

In order to get the best outcome of your visa application, arrange a consultation with VEM for further assistance! Our qualified consultant, Mr. Peter Cao, a registered migration agent (MARN: 1577877), will assist you with the whole process of your application.

By: Peter Phong D Cao – Registered migration agent

(MARN: 1577877, MIA: 12648)

Mr. Phong Cao

CEO and Founder of VEM

Mr. Phong Cao is a licensed migration agent by MARA (MARN: 1577877). He is also a member of the Migration Institute of Australia (MIA: 12648), one of the most reputable organizations in the field of immigration in Australia. In addition, Mr. Phong Cao holds a QEAC certification in study abroad consulting (QEAC: K580) and Australian real estate investment (RA85931). With over 12 years of experience in Australian immigration, he provides comprehensive solutions for studying and settling in Australia.