The Aged Dependent Relative visa is a permanent family visa that allows an older person who is single and financially reliant on an Australian relative to live in Australia permanently.
There are two subclasses:
- the Subclass 114, for applicants who are offshore or outside Australia; and
- the Subclass 838, for applicants who are already onshore in Australia.
The visa is built on the principle of family unity, allowing an Australian citizen, permanent resident or eligible New Zealand citizen to sponsor an aged relative who genuinely depends on them.
Because eligibility is contingent on meeting the definition of an “aged dependent relative” from the Migration Regulations 1994 (Regulations), this article sets out what the assessment entails and the evidence that would be needed.
Who is an ‘aged dependent relative’?
The definition sits in regulation 1.03 of the Regulations.
To be an aged dependent relative, an applicant must satisfy all four of the following elements — and must satisfy them both at the time the application is lodged and at the time it is decided:
- They must be of the Australian Age Pension age;
- They must be a relative of an eligible Australian sponsor;
- They must not have a spouse or de facto partner; and
- They must have been dependent on that Australian relative for “a reasonable period”, and remain dependent on them.
Each of these elements is examined more closely below.
What does ‘aged’ mean?
An applicant is ‘aged’ if they are old enough to be granted an age pension under the Social Security Act 1991. The qualifying Age Pension age is currently 67.
Importantly, the applicant does not need to actually qualify for or receive the pension — most cannot, because they are not yet Australian residents. It is purely a threshold of age. An applicant who has not yet reached Age Pension age cannot meet the definition, no matter how genuine their dependency.
Who can be the sponsoring ‘relative’?
The Australian relative on whom the applicant depends (or that relative’s cohabiting spouse or de facto partner) must sponsor the application, using Form 40. A relative, as defined in regulation 1.03, means a parent, or one of the following (or their step-equivalent): a child, brother or sister, grandparent or grandchild, aunt or uncle, or niece or nephew.
To be an eligible sponsor, the person must:
- be a relative of the applicant (or that relative’s cohabiting partner);
- have turned 18;
- be a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
- be usually resident in Australia.
There is no provision to change the sponsor once the application is lodged.
What does ‘dependent’ mean?
For this particular visa, dependency means financial dependency specifically.
Under regulation 1.05A, a person is dependent if they are “wholly or substantially reliant on the Australian relative for financial support” to meet their basic needs for food, shelter and clothing. Emotional closeness, companionship or physical care do not, on their own, satisfy the requirement — only financial dependency is relevant.
The dependency must have existed for a reasonable period and must still exist at the time of decision. The term “reasonable period” is not defined in the legislation, but Department policy treats 3 years as a reasonable period.
The onus is on the applicant to prove the dependency. Useful evidence includes documented, regular remittances from the Australian relative, an explanation of why support is needed, and evidence of the level of support and the period over which it has been provided.
Insufficient evidence of financial dependence over a reasonable period is seemingly a common grounds for refusal, and so if preparing an application of this type, strong and clear evidence backdated 3 years would be ideal.
What is an Assurance of Support?
Both subclasses require a valid Assurance of Support (AoS) towards the end of visa processing. An AoS is a legally binding undertaking — usually given by the sponsor, though it can be another person — to repay certain social security payments the visa holder may receive during an assurance period. It is backed by a financial bank guarantee (bond) and is administered by Services Australia.
What other requirements apply?
Beyond the core definition of an ‘aged dependent relative’, an applicant must satisfy the generic criteria that apply to permanent family visas:
- Single status — the applicant must have no spouse or de facto partner, and cannot include a partner in the application. A partner-inclusive application cannot meet the definition.
- Health and character — the applicant and all members of their family unit must meet the health and character (Public Interest Criteria) requirements, including police checks.
Eligible members of the applicant’s family unit — such as a dependent child — can be included in the application and, if the primary applicant is granted the visa, be granted permanent residence as well.
How long does the visa take?
The Aged Dependent Relative visa falls within the Other Family category, which is subject to an annual cap (under section 85 of the Migration Act 1958) and a queuing direction (under section 499).
Because demand far exceeds the small number of places available each year, processing times are very long — and potentially decades. This is largely why an onshore application would be much more desirable than an offshore application.
Why can these applications be difficult?
In theory, the criteria look straightforward, but in practice the Aged Dependent Relative visa is one of the harder family visas to obtain.
The main challenges are:
Very long queues
A heavy evidentiary burden
A narrow definition of dependency
The single-status requirement
Cost and the Assurance of Support
An inflexible sponsorship
Taken together, these factors mean that success depends heavily on careful eligibility assessment at the outset and a thoroughly documented application — there is little room to correct a weak case once it is in the queue.
Require assistance?
The Aged Dependent Relative visa is one of the more demanding family visas: the definitions of aged, dependent and relative are technical, the evidentiary burden sits squarely on the applicant, and the long queues make it essential to lodge a well-prepared application the first time.
If you would like assistance assessing your eligibility or preparing an application, please feel free to contact us by email at [email protected] or phone +61 3 9016 0484.
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