There are two subclasses to the Aged Dependent Relative Visa – the offshore Subclass 114 and the onshore subclass 838. The benefit to lodging the onshore Aged Dependent Relative 838 visa is that if the applicant will be given a bridging visa to stay in Australia til the time of decision.
Who is an eligible aged dependent relative?
- Be of an eligible age
- Member of the family unit (MoFU)
- Not married or in a de facto relationship
- Dependent on the sponsor
- Meet health and character requirements
And who would be an eligible sponsor?
- Settled Australian permanent resident, citizen or eligible New Zealand citizen
- Aged 18 years and over
- Usually resident in Australia
- Or meets all the above and is the cohabiting partner of the relative of the applicant
An Assurance of Support (AoS) will also need to be signed and a mandatory bond paid.
Holders of a Child 802 visa or a previous holders of that visa, whose application included a letter of support from a State/Territory government welfare authority, are not eligible to become sponsors.
Eligible age
The eligible age is pension age, which for men is set at the age of 65. Women will follow this table:
| Date of birth | Period when women in age group qualify | Age |
|---|---|---|
| Before 1 Jul 1935 | Before 1 Jan 1996 | 60 |
| 1 Jul 1935 – 31 Dec 1936 | Between 1 Jan 1996 and 30 Jun 1997 | 60.5 |
| 1 Jan 1937 – 30 Jun 1938 | Between 1 Jan 1998 and 30 Jun 1999 | 61 |
| 1 Jul 1938 – 31 Dec 1939 | Between 1 Jan 2000 and 30 Jun 2001 | 61.5 |
| 1 Jan 1940 – 30 Jun 1941 | Between 1 Jan 2002 and 30 Jun 2003 | 62 |
| 1 Jul 1941 – 31 Dec 1942 | Between 1 Jan 2004 and 30 Jun 2005 | 62.5 |
| 1 Jan 1943 – 30 Jun 1944 | Between 1 Jan 2006 and 30 Jun 2007 | 63 |
| 1 Jul 1944 – 31 Dec 1945 | Between 1 Jan 2008 and 30 Jun 2009 | 63.5 |
| 1 Jan 1946 – 30 Jun 1947 | Between 1 Jan 2010 and 30 Jun 2011 | 64 |
| 1 Jul 1947 – 31 Dec 1948 | Between 1 Jan 2012 and 30 Jun 2013 | 64.5 |
| 1 Jan 1949 onwards | From 1 Jan 2014 onwards | 65 |
Member of the family unit (MoFU)
One of the following or their step equivalent:
- Parent
- Child
- Brother or sister
- Grandparent or grandchild
- Aunt or uncle
- Niece or nephew
Evidence has to be provided to support the relationship; documents include:
- Birth certificates
- Marriage certificates
- Death certificates
- Adoption certificates
- Family status certificates or family books (that are officially issued and maintained)
These documents need to clearly show the connection between the sponsor and applicant.
If the applicant is an Aunt of the sponsor, the documents to provide would be the sponsor’s birth certificate showing the sponsor’s parents, the birth certificate of the sponsor’s parent whose sibling is the applicant Aunt, and the birth certificate of the applicant, showing that the applicant and the sponsor’s parent share the same parents.
In unfortunate cases where it is hard to procure the documents stated, the following may be used instead:
- Medical records
- Taxation records
- Health insurance
- Social security records
- Wills and testaments
- Departmental records
As these documents have less bearing, at least two different types of such documents must be used to support each line of relationship.
Not married or in a de facto relationship
The applicant cannot have a spouse or be in a de facto relationship as this would indicate that they are not solely dependent on the sponsor. Documentation supporting this may include:
- Death certificate of a former partner
- Divorce certificate
- Legal, permanent separation documents
- Family status certificates or family books (that are officially issued and maintained)
If there are reasons for the above evidence not being available, such as the applicant having never been married before, other relevant documents may be used to demonstrate the applicant’s ‘single’ status. These are:
- Taxation records
- Social security records
- Departmental records
Dependency
The applicant will need to demonstrate that they are wholly dependent on the sponsor, have been for a reasonable period, and will remain dependent. Dependency refers to a financial dependency, and the following information will need to accompany the application:
- Reasons why the Australian relative has to financially support the applicant
- Level of support needed
- Period over which this support has been provided
- Documented evidence that funds have actually been sent to the dependent relative
Basic needs
The applicant can only be deemed to be dependent on the sponsor if the applicant relies completely or substantially on the sponsor to meet the cost of basic needs. Basic needs are defined to include food, clothing and shelter. This is assessed based on the cost of living in which the applicant is resident.
Whole or substantial reliance
Dependency is taken to mean that the applicant is unable to afford basic needs without the sponsor’s support, basic needs being first in order of priority. If the applicant is receiving income or a benefit, it will be necessary to show that the amount is still insufficient to meet basic needs.
In cases where the applicant is receiving income from multiple sources, they will need to show that the majority share of their income for basic needs comes from the sponsor.
If the applicant is getting some benefit from the government, say 35%, some money from part time work making up 25% of the total cost of basic needs, and 40% from the sponsor, then the applicant is taken to have substantial reliance on the sponsor and is thus eligible.
In circumstances where the dependent may be living with the sponsor, then the DIBP will judge how much the sponsor is contributing to the applicant’s income through how much it would cost for the applicant to independently rent similar accommodation.
Period of dependency
The applicant needs to have been dependent on the sponsor for a ‘reasonable’ period of time, which is taken to be as least three years before the time of application. On the discretion of the DIBP, a period of less than three years may be considered acceptable. An example of such a situation would be if the Australian sponsor has been financially supporting both parents for a substantial period, but has been transferring money to one parent only, and that parent has passed away, the applicant would not be able to show documental evidence of having been supported by the sponsor for a reasonable period of time. Of course this needs to be supported with other evidence – evidence that the parents were cohabiting and that the applicant received money from the sponsor via their partner, evidence that that partner has passed away and so forth.
Continued eligibility
The applicant must be dependent at the time of application as well as the time of decision. Unless something in the application arouses suspicions, the DIBP is unlikely to enquire further. A situation in which they may request for further evidence would be if a significant time has passed since the time of application
Interview
All applicants will be interviewed and it is on the discretion of the Department of Immigration and Border Protection (DIBP) whether or not the sponsor also be interviewed
Sponsor
The sponsor needs to be a settled Australian permanent resident, citizen or eligible New Zealand citizen who is usually resident in Australia, or be the cohabiting partner of the relative of the applicant.
Settled / usually resident
Settled is to be lawfully resident in Australia for a reasonable period. It may include periods of lawful temporary residence, for example, if the sponsor has spent years in Australia on a student visa or temporary skilled 457 visa before becoming attaining permanent resident or citizen status.
If the sponsor has been in Australia in the two years before the time of application with no more than an accumulated four months outside Australia in those two years, the sponsor is considered settled and is not required to be in Australia at the time of application
If the sponsor is in Australia at the time of application but has been outside Australia for more than four months in the two years preceding time of application, they will have to show evidence of being settled in Australia. Examples of documents that would demonstrate this include:
- Evidence of ongoing employment – payslips; end-of-year tax assessment statement; official letter from employer; business ownership. If not employed, evidence of the sponsor’s partner’s employment/business ownership/income in Australia
- Evidence of ownership of a house or a current lease agreement
- If the sponsor has school-age children, evidence that they are attending school – a letter from the relevant Australian education provider
- Bank statements showing a history of funds held in Australia (recent transactions not sufficient)
- Evidence that shows reasons for prolonged absence from Australia – these could be documents showing that the sponsor has been caring for a sick relative outside Australia or a letter from the sponsor’s employer outlining the nature of the sponsor’s work that may require long business trips or extended work placements outside Australia
- If the sponsor has pre-school-age children, evidence that advance arrangements have been made to enrol their children in an Australian school – payment of enrolment fees or enrolment registration fees.
- Evidence that the sponsor’s children are Australian citizens
If the sponsor has been absent from Australia for the two years before with less than an accumulated four months in visits to Australia, and is outside Australia at time of application, the sponsor will need to produce documents such as:
- Evidence from the sponsor’s employer that the sponsor has been posted by an Australian company or government organisation for a temporary finite period, and as a matter of established business/government practice, will return to employment in Australia at the end of the finite period
- Evidence from the sponsor’s employer of extended employment outside Australia for an Australian company/government organisation on an ongoing basis, with a direct link to Australia – for example, wages are paid by the Australian company/government organisation/international company with a base in Australia, and the sponsor’s taxes are paid to the Australian government
- Evidence of ownership of a residence in Australia or a signed lease agreement to show the sponsor intends to recommence residing in Australia soon
- If not employed, evidence of the sponsor’s partner’s employment/business ownership/income in Australia, or evidence that the sponsor’s partner has been posted by an Australian company or government organisation for a temporary finite period, and as a matter of established business/government practice, will return to employment in Australia at the end of the finite period
- If the sponsor has school-age children, evidence that they are attending school – for example, a letter from the relevant Australian education provider
- If the sponsor has pre-school-age children, evidence that advance arrangements have been made to enrol their children in an Australian school – for example, payment of enrolment fees or enrolment registration fees
- Bank statements showing a history of funds held in Australia. Little weight should be given to recent bank transfers
- Evidence that shows reasons for prolonged absence from Australia – these could be documents showing that the sponsor has been caring for a sick relative outside Australia or a letter from the sponsor’s employer outlining the nature of the sponsor’s work that may require long business trips or extended work placements outside Australia
- Evidence that the sponsor’s children are Australian citizens
The only benefit to an Australian citizen is that they may be considered settled with a shorter period of lawful residence of three months if there are compassionate and compelling circumstances involved or is the citizen.
The sponsor also needs to be usually resident mainly considers if the applicant is physically in Australia and intends to treat Australia as their home. This is generally would be considered fulfilled alongside meeting the settled requirement
Assurance of Support (AoS)
Assurance of support is mandatory for the Aged Dependent Relative 838 visa. The request for an AoS is only made when a place has become available (before visa grant). For the 838 visa, an AoS bond is also required to be made. The bond amount is AUD$5,0000 for 2 years and an additional AUD$2,000 for each secondary applicant (as at 24 August 20147). The AoS can be signed by, and bond paid for, by anyone, not necessarily the sponsor.
Read: Assurance of Support (AoS)
Processing times
Unfortunately this visa programme has a capped number of places, the waiting time may be very long and unpredictable. When a cap is reached, applicants then wait in a queue for visa grant consideration in a following year, subject to places becoming available.Applications are considered for grant in order of their queue date as places become available.
We find that often the stress point in an application for this visa is in providing not only that the relative is dependent, but is wholly dependent on the sponsor. Are you unsure on if your parent or other aged relative whom you’ve been caring for overseas might qualify for this visa? Perhaps on how to calculate substantial reliance or how to prove dependency? You know who to consult!
