This visa is for people who are have to care for an Australian relative or a member of their family unit who has a medical condition.
This visa requires the applicant to be sponsored by their Australian relative or their Australian relative’s partner.
Who is this visa for?
This visa is for you if you have a relative living permanently in Australia and they or a member of their family requires care for a medical condition.
Your partner and other family members may be included in your application if they meet certain requirements.
What does this visa let me do?
If you are granted this visa you and your family members can live in Australia as Australian permanent residents.
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 for Australian citizenship (subject to the residency eligibility criteria)
- sponsor people for permanent residence (subject to waiting periods and visa specific restrictions)
How does this visa work?
This visa requires that you are sponsored by your Australian relative or their partner.
Key responsibilities for this visa are summarized in the table below.
|Sponsor||Must give a written undertaking to provide support, accommodation and financial assistance for the applicant, and any accompanying family members, for their first two years of residency in Australia.|
|Relative with the medical condition|
|Applicant||Complete and lodge the application including the application charge and all supporting documentation.|
You may be eligible to receive ‘carer payments’ when you commence caring for your relative.
Waiting periods are generally two years for most social security payments and 10 years for age and disability pension payments (exemptions may apply).
Due to high demand and limited places available in the migration program, this visa is subject to capping and queuing arrangements.
Visa application process
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 dependent children can be added to the application after it has been lodged.
Under Australia’s family reunion migration program, a high priority is given to child and partner visa applications. Other family applications have a lower processing priority, and you should expect a substantial wait before your application is finalized.
In the other family categories, carer is given priority over aged dependent relative and remaining relative.
How to lodge your application
You must lodge your application in Australia and you must be in Australia when the visa is granted.
To be eligible for this visa you must meet all of the following eligibility requirements.
You need to have a relative in Australia who is your partner, child, parent, brother, sister, grandparent, grandchild, aunt, uncle, niece, nephew (or step-equivalent) and is usually resident in Australia and is one of the following:
- an Australian citizen
- an Australian permanent resident
- an eligible New Zealand citizen
Your Australian relative (or a member of their family unit) must have a medical condition that requires your care.
You must be sponsored by your Australian relative, or their partner. Your sponsor must meet eligibility requirements.
The purpose of this visa is to allow you to care for a relative in Australia. Therefore, you need to fully understand the details of what kind of care is required and you must be willing and able to provide that care.
Note: The type of assistance you provide must be of a type which cannot reasonably be obtained from any other relative or from welfare, hospital, nursing or community services in Australia.
You must meet health requirements.
You must meet character requirements.
Debts to the Australian Government
You must repay, or have made arrangements to repay, any outstanding debts to the Australian Government, before a decision can be made on your application.
Limitations on applications
You may be prevented from applying for this visa if:
- 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 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 partner
- your dependent child
- other dependent relatives
Family members must meet all of the following eligibility requirements to be eligible for inclusion in this visa application.
Your partner is your spouse (the person you are married to) or de facto partner (including same-sex partners).
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.
All dependent family members must meet health requirements.
Your accompanying 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 confirms 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.
You can be sponsored by your Australian relative or you Australian relative’s partner (if they live together).
Your sponsor must also be aged 18 or older, usually resident in Australia and one of the following:
- Australian citizen
- Australian permanent resident
- eligible New Zealand citizen
New Zealand citizens who wish to sponsor must meet health and character requirements.
Relative with the Medical Condition
Who can have the medical condition?
The relative with the medical condition must be your Australian relative or a member of their family unit.
Your Australian relative’s family unit includes:
- their partner
- their dependent children
- any relative who lives in their household, is dependent on the family and is unmarried, not in a de facto relationship, divorced or widowed
The person requiring care must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
The medical condition
The medical condition must meet the following conditions:
- the medical condition must be causing physical, intellectual or sensory impairment of their ability to attend to the practical aspects of daily life
- the type of assistance required must be of a type which cannot reasonably be provided by any other relative or obtained from welfare, hospital, nursing or community services in Australia
- the need for assistance must be likely to continue for at least two years
- the medical condition must be assessed and verified by Medibank Health Solutions (formerly known as Health Services Australia or HSA)
Conditions and obligations for holders of visa subclass 836
If this visa is granted the following, requirements must be met.
Applicant and family members
The applicant and any accompanying family members must comply with all Australian laws as permanent residents
Your sponsor must continue to help the applicant (and their family) settle in Australia by providing:
- financial assistance
For this visa, the sponsor must comply with these obligations for two (2) years from the date the visa is granted.