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Aged Dependent Relative Visa Onshore Subclass 838

Aged Dependent Relative Visa Onshore Subclass 838

This visa permits an Aged person who depends on a relative living in Australia for the cost of living, to stay in Australia permanently. 

Benefits of this Visa: – An Individual can 

  • Stay in Australia as a Permanent Resident.
  • Sponsor family members (qualified) to move towards Australia.
  • Refer for Australian citizenship if eligibility criteria are having been met.
  • Entitled to receive healthcare through Medicare (Scheme of Australia for health regarding maintenance and expenditure).
  • Expedition for 5 years, to and from Australia. Applicant can travel from and to Australia as many times as he/she wants for 5 years from the grant of this visa. In case you want to travel after the initial 5 year’s travel facility.
  • You will have to apply for and be granted a Resident-Return (RRV) to re-enter Australia as a permanent resident.
  • If you got to be an Australian citizen at that point, you don’t require a visa to enter Australia and can use it to travel and from Australia.
  • Stay: – Permanent

This being a permanent visa lets you stay in Australia indefinitely from a grant of visa.

Eligibility Criteria: –

  1. Applicant must be onshore, but not in immigration clearance while applying and at the time of deciding of application of visa 838.
  2. Applicant must not have a partner to be eligible for this visa. To prove that, provide a death certificate of partner, divorce certificate or family status certificate (if maintained).
  3. You must be Monetary dependent on a relative in Australia for a sufficient period.
  4. Age Pension: – To receive it, you must be old enough.
  5. Dependency on Relative: – it is required that the applicant must have depended on his/her relative for at least 3 years in Australia for basic necessities like food, shelter and clothing, to be eligible to apply for this visa.
  6. Dependency can be due to some disability also, which prevents the applicant from working.
  7. Applicant must meet the Health and Character needs. Family members, applying for the visa must qualify health and character requirements of the Australian Government.
  8. Family members, even if not migrating to Australia, might also have to qualify character requirements.
  9. Obligations: – It is necessary that you and your family abide by all laws of the Australian Government.
  10. Have paid Outstanding debt (if any) to the Australian Government: –
  11. If the applicant or any family member of the applicant owes any debt to the Australian  

Government, it must be paid back or at least have formal Arrangements to pay it back.

  • Sponsor: – You need to have an eligible Sponsor. He/ She must be an Eligible Relative or Spouse of Relative.
  • On top of all, the sponsor has to be above 18 years, along with that to be a legal holder of permanent citizenship in Australia.
  • Being a Sponsor, you must help your family members to help stay or settle in Australia. You need to provide them with financial and moral support along with sufficient space to live (for the first two years).
  • Assurance of Support: –
  •  You need to own an AoS. An Assurance of Support assures the Australian government that you will not have to depend on the help of the Australian government after entering Australia on this visa.
  • This assurance is for other migrating family members, too.
  • You will be told in advance when there is a need for AoS.
  • There can be a maximum of 3 people to provide an AoS for you.
  • Assurer needs to pay a bond of amount $5,000 (Main Applicant) and $2,000 for each family member involved in the application and for applicants above 18 years of age.
  • Australian Values Statement: – You must sign the Australian values statement, which assures that you will abide by all Australian laws and will respect their way of living.
  • Places to apply from: – You must be inside Australia, but not in immigration clearance while applying for this visa.
    • Other Family members applying with this visa must also be inshore, but not in immigration clearance while at the time of applying.

Steps Involved (in Applying): –

Step 1. Before Applying: – just check.

  • Your Passport.

Step 2. Gather all Evidence: –

  • You need to provide all necessary documents, including those of dependents or partners who might be applied with you, for further proceedings. Arrange documents of your sponsor, too.
  • Documents: –
  • Identity Documents (Passport)
  • National Identity card (if you own)
  • Character documents
  • Proof of name change.
  • Documents of Sponsor:
  • Provide Certificates of Birth, Marriage, Death, and Adoption.  Family status certificate, if maintained. These certificates will help show your relationship with your sponsor.
  • Provide:Passport, valid visa (for eligible New Zealand citizens), Citizenship certificate of the sponsor to show that your sponsor is an eligible citizen.
  • Documents of dependents under 18 years of age.
  • Identity proof
  • Proof of their relationship with you (Birth or marriage certificate)
  • Character documents (if applicable)
  • Parental Responsibility documents: –You need to get approval for an applicant under 18 years of age to move to Australia from an individual who: –
  • Is not coming with the concerned child.
  • Has a right to decide (legally) where the child lives.

For that, they must complete A statuary declaration that they are giving their consent to the child to migrate to Australia on this visa.

Another option is to show: –

  • Order of Australian court allowing the child to migrate to Australia.
  • The laws of your nation allow the child to move to Australia.

Include documents: –

  • An identity proof(Passport or Driver’s License)
  • Adoption paper (if applicable)
  • Documents of dependents over 18 years of age.
  • Identity proof
  • Proof of their relationship with you (Birth or marriage certificate)
  • Character documents.
  • Proof of dependency. Includes: –
  • Birth certificate or adoption papers
  •  Proof of financial dependency for a minimum of 12 months before applying. For that provide: –
  • Proof of their current studying
  • Tax records of them
  • Proof that they live with you.

Dependents above 18 must be: –

  • Above 18 but not yet 23 years of age.
  • Above 23 years yet unable to support themselves due to physical or cognitive limitation.
  • Character Documents: Do not make arrangements for police certificates until asked to.
  • Evidence to show your dependency on your relative for basic needs: –Include bank statements, rent receipts records, money transfers.
  • Photographs: – You need to provide 4 photographs which
  • must be of passport size(45mm* 35mm)
  • must be less than 6 months old and of good quality (not laser copies)
  • With a full-face view of the head and shoulders.
  • The background should be plain and light.
  • Prepare your Documents: –
  • You will need to translate all non-English documents into English.
  • Scan your documents or get them photographed in colour.
  • The scan must be a valid one.
  • Keep a replica of your completed application.
  • Send these:
  • All documents certified copies
  • Police certificates (original)
  • Maximum information to help decide on the application.
  • If possible, send all documents.
  • Each document only a single time.

Step3. Visa Application: – 

  • This visa needs to be applied on paper.
  • You should be offshore during the submission of your application.

Step 4. After Applying: –

  • We will inform you after receiving your application and documents.
  • Might be you need to send more information.
  • You might be asked for health examinations or Biometrics. Assurance of Support: –
  •  You need to provide an AoS. An Assurance of Support assures the Australian government that you will not have to depend on the help of the Australian government after entering Australia on this visa.
  • This assurance is for other migrating family members, too.

Step5. The outcome of Visa: – While deciding on the application, you must be offshore.

  • During granting of your visa, we will inform you about your visa grant number, the date of start of your visa and its conditions. 
  • In case of refusal of our visa, we will let you know the reason for refusal and if you have a right to a review of the decision.
  • The application fee is non-refundable.

Age Requirements for this visa: –

  • Men must be 65 years or above
  • Women should consider the table provided below
Date of Birth Age (Minimum)
Before 1 July 1935 60 years
1 July 1935- 31 December 1936 60.5
1 January 1937-30 June 1938 61
1 July 1938-31 December 1939 61.5
1 January 1940-30 June 1941 62
1 July 1941-31 December 1942 62.5
1 January 1943-30 June 1944 63
1 July 1944-31 December 1945 63.5
1 January 1946-30 June 1947 64
1 July 1947-31 December 1948 64.5
1 January 1949 and later 65

Cost: – From AUD6,415

  1. Additional charges are there for other family applicants applying.
  2. The fee is given in 2 instalments. First is paid at the time of submission of application and second when asked to.
  3. Other costs include are those of health checks, police certificates and biometrics.

Processing Time: –

  1. Applications are prone to capping and queuing.
  2. No Processing time is provided for this visa as family migration visas demand is high. It might take many years for granting this visa. Certain situations influence the testing time, such as time taken by external authorities, for instance, by police and health services and the government to conduct checks and provide information.
  3. Application, however, also might take a longer time to process
  4. If not filled correctly.
  5. All documents are not provided.
  6. It takes time for us to verification of your information

Evaluation: –

Evaluation of application is done in 2 steps.

  • The first step is to check the eligibility to add the application and line or to refuse it.
  • The second step involves the continued testing of the application when the place becomes available and deciding on it.

Visa label: – Your visa will be digitally linked to your passport so you

Obtaining the visa (In Australia): – You must

  1. Abide by all Australian laws.
  2. Check your visa expiry and its conditions.
  3. This being a permanent visa lets you stay in Australia indefinitely from a grant of visa.

Travelling: – Applicant can travel from and to Australia as many times as he/she wants for 5 years from the grant of this visa. In case you want to travel after the initial 5 year’s travel facility.

  • You will have to apply for and be granted a Resident-Return (RRV) to re-enter Australia as a permanent resident.
  • If you become an Australian citizen then you don’t require a visa to enter Australia and can use it to travel and from Australia.
    • Being a newly arrived immigrant might be, wait to take certain benefits of Australian Governments.
  • After a certain Duration, you might be eligible to become a citizen.
  • As an Australian Permanent resident, you might sponsor eligible family relatives to come to Australia.

Before Leaving Australia: –

  • Ensure you have a valid passport or other travel documents to leave Australia.
  • Check your visa validity.

Conditions for aged dependent relative (subclass 838) visa

There are no conditions attached to Aged dependent relative visa (Subclass 838)

Book an Appointment:-

  • We at Bansal Immigration Consultants offer much-needed help so as to convince the Australian Immigration authorities about your actual intention to stay and work in Australia.
  • We do everything possible to present you as a true candidate and that you will adhere to all rules and commitments during your stay in Australia.
  •  Also, we assure you that your interview round goes well, which is yet another growing step to get this visa in Australia.

****How can we assist you? Please call our number mentioned on the website.