This visa was permanently closed to new applications on 2 June 2014. No further applications for this visa are able to be made.

Visa Summary

This visa allows aged persons who are dependent on a relative residing Austria for cost of living.

This visa requires that the applicant is sponsored by their relative in Australia.

Who is this visa for?

This visa is for people who are:

  • aged (age requirements apply)
  • financially dependent on a relative in Australia for a reasonable period of time
  • single, having never married or entered into a de facto relationship, or are widowed, divorced or formally separated from their partner

Family members of the aged dependent relative may also be included in the application if they meet certain requirements.

What does this visa let me do?

This visa allows you (and your dependent family members) to live as permanent residents in Australia.

You can also:

  • work and study in Australia
  • receive subsidized healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS)
  • access certain social security payments (subject to waiting periods)
  • be eligible to apply for Australian citizenship (subject to the residency eligibility criteria)
  • sponsor people for permanent residence (subject to waiting periods)

How does this visa work?

Responsibilities

Key responsibilities for this visa are summarized in the table below

PersonResponsibility
Sponsor Must give a written undertaking to provide support, accommodation and financial assistance for the applicant, and any accompanying dependent family members, for their first two years of residency in Australia.
Applicant Complete and lodge the application including the application charge and all supporting documentation.
Assurer of Support (can be the sponsor or another person)

Be prepared to:

  • provide financial assistance to the applicant and any dependent family members accompanying the applicant so they do not need to rely on any government forms of support for the first two years of residency
  • repay any recoverable social security payments made to the applicant or their accompanying family members in the first two years of residency in Australia.

Note: You must not lodge an Assurance of Support until it is asked for. Details on how to provide an Assurance of Support will be sent to the applicant after the visa application has been received.

Government benefits

If you are granted this visa you will have a waiting period before you are eligible to receive most social security payments.

Waiting periods are generally two years for most social security payments and ten years for age and disability pension payments (exemptions may apply).

Processing arrangements

Due to high demand and limited places available in the migration program, this visa is subject to capping and queuing arrangements.

Visa application process

Application forms

Active Migration Australia will assess each application individually and provide extensive checklists consisting of instructions to help you successfully complete the forms required.

Adding family members to your application

In some circumstances, you may add dependent children to your application after it has been lodged, but before a decision has been made.

Processing priority

Within the family stream, parent and aged dependent relative visa applications are given a lower processing priority than other family members such as partners and children. Within the parent visa categories, the contributory parent category has a higher processing priority than the parent category.

How to lodge your application

Your application must be lodged in Australia and you must be in Australia when the visa is granted.

 

Visa Requirements

Applicant Eligibility

Age

To meet the age requirements for this visa:

  • men must be 65 years or older
  • women should use the following table:
Birth DateMinimum Age
Before 1 July 1935 60 years old
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

Example: A woman born in 1943 will have to wait until 2006 (when they turn 63) before they can apply for this visa.

Relationship status

You must demonstrate that you do not have a partner. To establish your current relationship status, you should provide official documents such as the death certificate of your previous partner, divorce certificate, or family status certificates or family books (if these documents are officially issued and maintained).

Relative in Australia

You must have a relative in Australia who is settled in Australia as one of the following:

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen

Eligible sponsor

You must be sponsored by an eligible sponsor. Your sponsor will be your relative in Australia.

Dependency

You must demonstrate that you have been wholly or substantially dependent on your relative in Australia for financial support for your basic needs of food, shelter and clothing. The reason can also be stated that you have a disability which prevents you from working. This support must have been continuing for at least three (3) years.

Assurance of Support

You must have a commitment by a person prepared to provide them with an Assurance of Support.

Health requirements

You must meet health requirements and will need to undergo a health examination.

Character requirements

You must meet character requirements.

Debts to the Australian Government

Before the applicant can be granted this visa they must repay, or have made arrangements to repay, any outstanding debts to the Australian Government.

Limitations on applications

If you are in Australia, you may be prevented from applying for this visa if, for example:

  • you do not hold a substantive visa (which is any visa other than a bridging visa, a criminal justice visa or an enforcement visa) and have had a visa cancelled or refused since you last arrived in Australia
  • your last visa was granted on the condition that you would not be granted a substantive visa while you remain in Australia
  • you hold a sponsored visitor visa
  • you are in immigration detention

If any of the above circumstances apply, contact your nearest departmental office or Australian overseas mission before making an application.

Australian Values Statement

If you are aged 18 years or over, you are required to sign an Australian values statement. The statement is included in your visa application form and all applicants aged 18 years and above will need to sign it to confirm that they will respect the Australian way of life and obey Australian laws. Before signing this statement you are required to read, or you might have been explained about the book ‘Life in Australia’ book.

The ‘Life in Australia’ book provides more information on the values that Australians share and their way of life.

Family Member Eligibility

The following family members can be included in your application:

  • your dependent child
  • your other dependent relatives

These family members must meet the following requirements to be eligible to be included in this visa application.

Dependent child

Your child or stepchild is considered a dependent when they are one of the following:

  • under 18 years of age
  • aged 18 years or over and have been wholly or substantially reliant on you for a substantial period for their basic needs (food, clothing and shelter)
  • of any age and is incapacitated for work due to a total or partial loss of bodily or mental functions (whether or not they migrate with you)

A child of any age is not considered dependent if they are married, engaged to be married or in a de facto relationship.

Other dependent relatives

Your other relatives may be considered dependent if they are all of the following:

  • wholly or substantially reliant on your financial support for their basic living needs (food, shelter and clothing)
  • more reliant on you for support than on any other person or source
  • have been reliant on you for a substantial period
  • is not married, engaged to be married or in a de facto relationship
  • is usually resident in the household of the primary applicant

Details of each dependent 18 years or older, whether migrating or not, must be provided.

Health requirements

All dependent family members must meet health requirements and will need to undergo a health examination.

Character requirements

All accompanying dependent family members aged 16 and above must meet character requirements.

Australian Values Statement

If you are aged 18 years or over, you are required to sign an Australian values statement. The statement is included in your visa application form and all applicants aged 18 years and above will need to sign it to confirm that they will respect the Australian way of life and obey Australian laws. Before signing this statement you are required to read, or you might have been explained about the book ‘Life in Australia’ book.

‘The Life in Australia’ book provides more information on the values that Australians share and their way of life.

Sponsor Eligibility

You must be sponsored by your relative in Australia or your relative's partner (if they live together).

If you want to sponsor the applicant you must also be aged 18 or over and settled in Australian as one of the following:

  • an Australian citizen
  • an Australian permanent resident, or
  • an eligible New Zealand citizen

Settled eligible New Zealand citizens who want to sponsor must meet health and character requirements.

Assurer of Support Eligibility

An Assurance of Support may be provided by the sponsor or another person or persons.

To be eligible to provide an Assurance of Support the assurer will need to meet all of the eligibility requirements as required by Centrelink. More information about the eligibility requirements is available from the Centrelink website.

Note: It is unlikely that a person could provide an Assurance of Support if they have received the full rate of any pension, benefits or allowances (other than family payments from Centrelink during the past year).

Before lodging an application, please read all related requirements.

Conditions and obligations for holders of visa subclass 838

If this visa is granted the following requirements must be met.

Applicant and family members

You and any accompanying dependent family members must comply with all Australian laws as permanent residents.

Sponsor

Your sponsor must continue to help you (and your accompanying dependent family members) settle in Australia by providing:

  • support
  • accommodation
  • financial assistance

For this visa, the sponsor must comply with these obligations for two (2) years from the date the visa is granted.

Assurer of Support

The assurer must:

  • provide financial support to the applicant (and their accompanying dependent family members) so they do not have to rely on any government forms of support
  • repay the Australian Government for any recoverable social security payments made by Centrelink to the applicant and any others covered by the Assurance of Support
  • pay a refundable bond when the visa is granted

For this visa, the assurer of support must comply with these obligations for two (2) years from the date the visa is granted.