Is the Aged Dependent Relative Visa (Subclass 838) the Best Solution for Your Parents to Settle in Australia?
Australia provides several visa options for parents wishing to join their children, including the Parent Visa (subclass 103), Contributory Parent Visa (subclass 143), Aged Parent Visa (subclass 804), and the Sponsored Parent (Temporary) Visa (subclass 870). Among these, the Aged Dependent Relative Visa (subclass 838) is particularly noteworthy. This permanent visa is specifically designed for elderly, single parents who are financially dependent on their Australian citizen or permanent resident child, and have no partner. It is not an alternative to parent visas in general, as it only applies to single parents who meet the full dependency criteria. It offers a pathway to permanent residency, granting access to Medicare and other social security benefits. Additionally, it allows the visa holder to work and study in Australia, and eventually apply for Australian citizenship if eligible. The subclass 838 visa is an important pathway for families seeking to reunite and ensure the well-being of their elderly relatives by providing them with the necessary support and care in Australia.
What is the Aged Dependent Relative Visa (Subclass 838)?
The Aged Dependent Relative Visa (Subclass 838) is a permanent visa designed for elderly individuals who are financially dependent on an Australian relative for their basic needs. This visa is specifically aimed at non-working older people who need ongoing support from a relative who is either an Australian citizen, permanent resident, or eligible New Zealand citizen. It allows the applicant to live in Australia permanently and eventually apply for citizenship.
The primary condition for this visa is that the applicant must be financially dependent on their Australian relative for a substantial period before applying, typically for at least three years. Financial dependency means that the applicant relies on their relative for housing, food, and other necessities, and is unable to support themselves due to age or inability to work.
Key features of this visa include:
- Permanent Residency: Successful applicants are granted permanent residency in Australia.
- Work and Study Rights: Although the visa is tailored for elderly, non-working individuals, it provides them the right to work and study in Australia, if they choose or are able to do so.
- Medicare Access: Visa holders gain access to Australia’s public healthcare system, Medicare.
- Pathway to Citizenship: After residing in Australia for the requisite number of years, visa holders can apply for Australian citizenship.
How Much is the 838 Visa Fee?
The Aged Dependent Relative Visa (Subclass 838) comes with a substantial cost, which includes several components, from the application itself to potential additional fees for other family members. The total cost will depend on the applicant’s specific circumstances and the inclusion of dependents.Some important points related to the fees include:
Primary Applicant: As of the latest guidelines, the main applicant is required to pay a base fee of AUD 5,125.00
Health and Character Checks: Applicants must also budget for health assessments, police checks, and biometric tests. These fees are separate and may add a few hundred dollars to the total cost.
Additional Fees: If an applicant is required to apply for a Bridging Visa B to travel during processing, there is a nominal fee associated with this visa as well.
It’s important to note that these fees are non-refundable, regardless of whether the visa is granted. Therefore, applicants should ensure that they meet all the eligibility criteria before applying.
Aged Dependent Relative Visa Processing Time
The processing time for the Aged Dependent Relative Visa (Subclass 838) can be significantly lengthy. This is due to the relatively high demand and the low priority given to this category under Australia’s immigration processing framework. The processing times for this visa can take up to 50 years. While this might seem daunting, it is important to note that applicants can remain in Australia on a bridging visa while their application is processed.
Factors influencing the processing time include:
Demand for the Visa: The 838 visa is part of Australia’s family migration program, which has a limited number of slots each year. Due to this limited quota, applicants often face long waiting periods.
Application Completeness: Submitting a complete and accurate application with all required documents (e.g., proof of dependency, health checks, police certificates) can help prevent delays.
Other Factors: Changes in government policy or a shift in the immigration program’s focus can also affect processing times.
While the processing time is lengthy, it’s worth noting that applicants on bridging visas can continue to live in Australia and, in some cases, enjoy benefits like Medicare and work rights.
Eligibility for Aged Dependent Relative Visa (Subclass 838)
The eligibility criteria for the 838 Visa are quite specific, with a strong emphasis on the applicant’s dependency on their Australian relative. The following are the core requirements;
Age: The applicant must be of pensionable age. This age requirement ensures that the visa is available to elderly individuals who are no longer able to work or support themselves.
Dependency: A key condition for the 838 visa is that the applicant must have been financially dependent on their Australian relative for basic living needs such as food, housing, and medical expenses. The dependency must be demonstrated for at least three years prior to applying for the visa. This can be proven through bank statements, rent receipts, and other financial documents.
Relative in Australia: The relative on whom the applicant is dependent must be an Australian citizen, permanent resident, or an eligible New Zealand citizen. This relative must also be willing and able to sponsor the applicant and provide an assurance of support, which includes financial backing during the first two years of residence in Australia.
Marital Status: The applicant must not have a spouse or de facto partner at the time of application. This is to ensure that the applicant is genuinely dependent on their Australian relative and does not have another source of support.
Health and Character Requirements: All applicants are required to meet certain health and character conditions. This includes undergoing medical examinations to ensure that the applicant does not have any health issues that could pose a burden to Australia’s healthcare system. Character requirements typically involve police checks from all countries where the applicant has lived for 12 months or more in the past 10 years.
Residence in Australia: The 838 visa is an onshore visa, meaning that the applicant must be physically present in Australia when they apply for the visa and when a decision is made.
What is a Bridging Visa for Subclass 838?
A bridging visa is important for applicants in Australia seeking the Aged Dependent Relative Visa (Subclass 838). Applicants must hold a valid substantive visa at the time of applying for the 838 visa. Once they apply, they will be granted a Bridging Visa A (BVA), which allows them to remain lawfully in the country while their application is being processed. The BVA effectively ‘bridges’ the gap between the expiration of their substantive visa and the final decision on the 838 visa application.
There are different types of bridging visas, but in the case of the 838 visa, the most relevant is usually a Bridging Visa A (BVA).
Validity: The bridging visa becomes active once the applicant’s current visa expires, and it remains valid until a decision is made on the 838 visa application.
Work Rights: In some cases, the bridging visa may allow the applicant to work, depending on their situation. If work rights are not granted automatically, applicants may be able to request them under certain conditions, such as proving financial hardship.
Travel Restrictions: While on a Bridging Visa A, the applicant cannot leave and re-enter Australia without applying for a Bridging Visa B (BVB), which allows for travel during the waiting period.
Duration of Application Processing: Given the lengthy processing times for the 838 visa (discussed below), the bridging visa is an important tool for applicants to remain legally in the country for an extended period.
Concerns Surrounding the Subclass 838 Visa Application Process
Even though the Subclass 838 visa offers significant benefits, such as allowing older individuals to live permanently in Australia with their relatives, many applicants have expressed several concerns:
Processing Time: The lengthy processing time, often spanning several years, creates uncertainty and stress for applicants and their families.
Financial Dependency: Demonstrating financial dependency on an Australian relative for at least three years can be challenging and complex.
Assurance of Support: The requirement for an Assurance of Support, which involves a financial bond from the sponsor, can be a substantial financial burden.
Health and Character Requirements: Meeting the strict health and character requirements can be difficult, especially for older individuals with pre-existing health conditions.
No Partner Requirement: The visa is only available to single individuals, excluding those who may have a partner but are still financially dependent on their relative in Australia.
These concerns highlight the complexities and challenges that applicants may face during the Subclass 838 visa application process.
Recent updates in 2024 have impacted the Subclass 838 visa. As of July 31, 2024, the Australian Department of Home Affairs has started final processing for the Aged Dependent Relative visa (Subclass 838) for applications queued up to December 31, 2012. This indicates that applications lodged before this date are now under review.
The Aged Dependent Relative Visa (Subclass 838) provides the opportunity for elderly individuals who depend on their Australian relatives for financial support to secure permanent residency. This visa offers significant benefits, including access to Australia’s healthcare system and the stability of permanent residency, which can greatly enhance the quality of life for elderly dependents. However, the application process is not without its challenges. Applicants face high application fees and extremely long processing times, which can be a source of stress and uncertainty. Meeting the strict eligibility criteria, such as proving financial dependency and being of pension age, can also be demanding. Many applicants may also need to rely on a bridging visa while waiting for a decision, adding another layer of complexity to the process. Given these hurdles, applicants need to approach the process with thorough planning and patience. To handle these complexities effectively and increase the likelihood of a successful outcome, it is highly advisable for applicants to seek guidance from a registered migration agent (MARA). These experts can provide invaluable assistance, ensuring that all requirements are met and helping to streamline the application process.
