Aged Dependent Relative Visa (Subclass 114 and 838)
The Aged Dependent Relative visas allow a single older person who has relied on an eligible relative in Australia for long-term financial support to live permanently in Australia.
These visas are capped and queued. Demand for Other Family visas exceeds the limited annual places, so processing can be extremely lengthy. Subclass 114 is the offshore pathway, while Subclass 838 is for applicants in Australia.
Subclass 114 and 838 explained
Subclass 114 is for an applicant outside Australia. The applicant must be outside Australia when lodging the application and when Home Affairs makes its decision.
Subclass 838 is the onshore pathway. The applicant must be in Australia, but not in immigration clearance, when applying and when the visa is decided. Any included family members must also satisfy the applicable location rules.
Benefits after visa grant
Age, relationship and partner requirements
The applicant must be old enough to receive the Australian Age Pension. Because the qualifying age can change and depends on date of birth, it should be checked against the current Services Australia rules when applying.
The applicant must have no spouse or de facto partner. They must be related to the sponsor in a way recognised by migration law, and the sponsor must be an eligible settled relative in Australia or that relative's eligible spouse or partner.
The three-year dependency requirement
The applicant must have depended on the Australian relative for basic needs such as food, accommodation and clothing for at least the three years immediately before applying. Dependency may arise because a disability prevents the applicant from working.
Occasional gifts or irregular assistance may not establish the required dependency. The evidence should demonstrate a sustained pattern, the applicant's financial circumstances, the relative's support and how essential needs were met throughout the relevant period.
Sponsor eligibility
The sponsor must generally be at least 18, settled in Australia and an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Home Affairs must approve the sponsorship.
The sponsor should provide evidence of identity, Australian status, residence, settlement, relationship and their capacity and history of supporting the applicant.
How the visa process works
Choose the correct subclass
Confirm whether the applicant must use offshore Subclass 114 or onshore Subclass 838.
Test age and family status
Verify Age Pension age, the absence of a partner and the qualifying family relationship.
Prove three years of dependency
Compile bank records, transfers, accommodation evidence and a clear history of financial support.
Lodge visa and sponsorship
Submit the prescribed Other Family visa application and sponsorship forms through the required channel.
Queue and final assessment
After initial assessment, wait for a place and complete health, character and Assurance of Support requirements when requested.
Assurance of Support
An approved Assurance of Support is required before visa grant. This is a legal commitment that the applicant and included family members will not rely on specified recoverable government payments during the assurance period.
The assurer must meet separate Services Australia requirements and may need to provide a financial bond. The assurer and visa sponsor do not necessarily have to be the same person.
Health, character and government debts
The applicant and migrating family members must satisfy health and character criteria, and Home Affairs may request checks from non-migrating family members. Australian Government debts must be repaid or covered by an approved repayment arrangement.
Previous visa refusals, cancellations, onshore application restrictions or visa conditions can affect whether an application is valid, especially for Subclass 838.
Location and lawful-status considerations
Subclass 114 applicants must remain outside Australia for both lodgement and decision. Subclass 838 applicants must be in Australia, but not in immigration clearance, at both stages.
An onshore application does not erase existing visa conditions or guarantee the right to remain throughout a long queue. Before lodging Subclass 838, applicants should check current visa validity, Schedule 3 issues, application bars, bridging-visa conditions and travel consequences.
Important 114 and 838 Considerations
- Be old enough to receive the Australian Age Pension.
- Have no spouse or de facto partner.
- Prove at least three years of financial dependency.
- Have an eligible settled relative and approved sponsor.
- Select the subclass matching the applicant's location.
- Prepare for capped, queued and lengthy processing.
- Obtain an Assurance of Support when requested.
Including family members
Eligible dependent children or stepchildren may be included before a decision. Every family member must be declared, and migrating family must meet the relevant health, character, dependency and location requirements.
Documents commonly required
Evidence may include passports, birth and family records, documents proving the relationship to the sponsor, sponsor citizenship or residence evidence, proof of settlement, three years of bank statements and transfers, rent and living-cost records, income and asset evidence, proof of single status, medical evidence where disability caused dependency, police certificates and Assurance of Support documents.
How Echoes Global Education can assist
Our migration team can identify the appropriate subclass, assess age, relationship, sponsor and dependency criteria, organise a detailed three-year evidence timeline, explain onshore risks and assist with the visa and sponsorship applications.