Aged Dependent Relative Visa or Aged Dependent Relative (Class BU) (Subclass 838) visa: Who can apply
If you have a pensioned or retired or aged single relative who is currently in Australia, you may be able to sponsor them for an Aged Dependent Relative visa.
You should note that the Department of Immigration (Department of Home Affairs) placed a cap or limit on the number on Aged Dependent Relative visas granted each year. Therefore, there is a very long queue for this visa and may take many years for a visa to be allocated to your aged dependent relative.
Your dependent relative must be your close relative, for example, your grandparent, or aunt or uncle, or niece or nephew, or step equivalent, or sibling or step equivalent.
Your dependent relative must be single and is financially dependent on you. More importantly must be old enough to be granted an age pension under the Australia Social Security Act 1991.
You must show that your relative has being financially dependent on you for a substantial period before they lodge an application for Aged Dependent Relative visa. They must be wholly or substantially reliant on you for financial support to meet their basic needs for food, clothing and accommodation. Furthermore, the reliant must be greater on you than on any other person or source of support. Your dependent relative must also be reliant on you because they are incapacitated for work due to the total or partial loss of their bodily or mental functions.
Financial reliance
You will be required to provide evidence of your aged dependent relative financial reliant on you, including:
- the reasons why you have been providing your relative financial support;
- the level of financial support needed and provided;
- the periods over which the financial support has been provided;
- documentary evidence of the funds you actually provided over at least 3 years or a reasonable period.
Although what is a reasonable period is not defined in the Migration law but under policy, a reasonable period is usually taken to be 3 years. However, it can be less than 3 years if funds were transferred to only 1 person’s (for example, parent) name and that person has died, and the other person can prove they have been living together from the time of receiving the funds to their death).
When to apply
Your aged dependent relative can only apply for the Aged Dependent Relative visa if their age fall under 1 of the following categories:
- born from 1 July 1952 to 31 December 1953 – 65 years and 6 months; or
- born from 1 January 1954 to 30 June 1955 – 66 years; or
- born from 1 July 1955 to 31 December 1956 – 66 years and 6 months; or
- born from 1 January 1957 onward – 67 years
You cannot sponsor your aged dependent relative for an Aged Dependent Relative visa if you hold or previous held a Child Class BT Subclass 802 visa (click here to learn more) and that visa application was supported by a letter of support from a state or territory government welfare authority or STGWA, unless there are compelling circumstances affecting you or your dependent relative.
Your dependent relative must be in Australia to apply for the Aged Dependent Relative visa. However, they cannot hold or last held a Transit Class TX Subclass 771 visa (click here to learn more). If they do not hold a substantive visa, they will be required to satisfy the Schedule 3 requirements (click here to learn more). Your relative must also be in Australia when the visa is granted.
Before the Department of Immigration grant your dependent relative the Aged Dependent Relative Subclass 838 visa, you may be required to provide an Assurance of Support (click here to learn more).
If you are in Australia when you apply for this visa, you may be granted a bridging visa to allow you to stay in the country until your application is finalised (click here to learn more about bridging visa).
Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) to help you apply for this visa or to decide if this is the best visa for you (click here to find out how an immigration lawyer or registered migration agent can help you) . You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.
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This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.
