Who is the Aged Dependent Relative Visa Subclass 114 and 838 for?
If your only near relatives are residing permanently in Australia and are old enough to receive the Australian aged pension, you may be able to apply for an Aged Remaining Relative Visa. This visa enables persons in these circumstances to move and live in Australia permanently, provided you are dependant upon your relative who is willing to sponsor you, and all your family members included in your application.
In essence, each of these visas are the same – they both enable a person whose only near relatives are living in Australia to live in Australia indefinitely. The only difference is the location of the applicant when the application was lodged and decided on – 114 visa is for offshore applicants and 838 is for onshore.
These visas are sponsorship based and are designed for single, older applicants, who are dependant upon a relative living in Australia to provide them with financial support and care.
Who can sponsor me?
Being a sponsorship based visa, applicants must be sponsored by a relative or a relative’s partner. These include the applicant’s parent, children, siblings, aunts and uncles, nieces and nephews, grandchild and grandparents. Sponsors do not necessarily have to be blood-related, as the Department considers half and step-relatives, and relatives that have been adopted, to be eligible for sponsorship.
Your sponsor must be above the age of 18 and be a settled Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. However, there are circumstances where a child under the age of 18 can be your sponsor.
It is also a requirement that the applicant is financially dependent upon the sponsor, with the relative providing them support for three years prior to the application date.
Your sponsor must also agree to provide you and any family member included on your application, support, accommodation and financial assistance over the first two years of your Australian residency.
Am I Eligible for a 114 or 838 Visa?
In order to qualify for either visa, you will need to demonstrate that you meet the following minimum eligibility requirements:
- Have an eligible sponsor (see above)
- You must also have a commitment by a person or organisation prepared, to provide you with an Assurance of Support – a legal document that assures the Australian Government that you will not rely on the government for two years, after you enter Australia on the visa
- You can have up to three people provide an assurance of support for you.
- Your assurer must lodge a bond, in the form of money, with the Department. The bond is refunded to the assurer, less any social security payments you have received, two years after you first enter Australia on this visa.
- You have been dependant upon your Australia relative (see below) for three years prior to lodging you application
- Meet the health and character requirements
- You and any family member over the age of 18 included on your application will be required to sign an Australian Values Statement
You must be inside Australia at the time you lodge, and when you are granted your visa to qualify for a 838 visa. If you are outside of Australia when your application is lodged and granted, you will need to apply for a 114 visa.
What does it mean to be financially dependant on my sponsor?
Dependency for the purpose of the 114 and 838 visas means that applicants have reached an age where they qualify for the Australian aged pension and are not in a spousal or de facto relationship. For at least three years prior to lodging their visa application, applicant’s must also have been wholly, or substantially, dependent upon their Australian relative to provide them with financial support and basic needs (food, shelter, clothing).
114 and 838 Checklist
How Long Does it Take?
As the Government only provides a limited number of spaces each financial year for Remaining Relative visas, waiting times for the visa is very long. Applications are processed in the order they are lodged and once the threshold has been reached, no more visas will be granted in that financial year.
Fees & Costs
The cost of this visa is priced from $3,945. Please note that this is only the flat rate and you may be asked to pay additional costs to cover requirements such as; health assessments, police certificates and biometrics.
If you wish to add additional family members to your application, an extra fee will be imposed upon your visa application.
The Assurance of Support also requires the assurer to pay a bond of $5,000 for the main applicant and $2,000 for each adult family member included on the application, and for each applicant over the age of 18.
What Steps Should I Take to apply for a 114 and 838 Visa?
Unlike other Migration law firms, Results Migration makes the process of applying for visas straightforward. Our team of expert lawyers will work with you every step of the way and have devised a step-by-step process to ensure your application is processed as fast as possible.
1. Schedule a free consultation with our team of expert lawyers, where we will assess and advise you on the Australian visa option that best suits you
2. At this stage, we will gather and prepare all of the documentation as well as perform any additional checks that are required to lodge a visa application.
3. We will then begin to prepare and lodge your application in a timely manner.
4. Finally, we will notify you of the outcome. If granted, you will become a permanent resident and receive the rights listed below.
Entitlements of the Aged Dependant
The Remaining Relative visa will grant you permanent residence in Australia. It will allow you and your eligible family members:
- The right to stay in Australia indefinitely.
- Apply for Australian citizenship once you become eligible.
- Travel to and from Australia for up to five years.
114 and 838 Visa FAQs
Can I include my family members on my application?
Upon lodging your application you may include your partner, child, step-child or your partner’s child or step-child, on your application. You will need to provide evidence of their relationship to you in your application and that they meet the relevant health and character requirements. If your family members are not included on your application and your visa has been granted, they will need to lodge a separate application under the Business Innovation and Investment (Subsequent Entrant) Visa.
What are my sponsor’s obligations?
As a sponsor, you must help them and their included family members settle in Australia by providing them support, accommodation and financial assistance for two years.
Can my sponsor also sponsor a family member on my application?
Yes, provided your sponsor is also a relative of the family member that is included on your application, and that they have been financially dependent on your sponsor for three years prior to lodgement.