Australia Subclass 838 Eligibility in 2026: The Tests Applicants Must Pass
As of August 2026, the Australian Department of Home Affairs’ Aged Dependent Relative visa (Subclass 838) page states that the primary applicant must have an approved sponsor, be old enough to receive the Australian age pension, have no partner, have depended on a relative in Australia for basic needs for at least three years, and meet the applicable visa, support, health, character and debt requirements. Home Affairs will consider previous visa cancellations or refusals when deciding the application, and will not grant the visa unless doing so is in the best interests of an applicant under 18. This overview provides general information rather than personalised legal advice; individual circumstances should be checked against the Department’s current requirements or advice from an appropriately qualified professional.
What does “aged dependent relative” mean under Subclass 838?
The term does not refer to any older relative automatically. The Department applies a cumulative test covering the applicant’s age, dependency, family relationship, sponsorship and personal circumstances.
For the 2026 eligibility assessment, the primary applicant must:
- Be old enough to receive Australia’s age pension.
- Have no partner.
- Have depended on a relative in Australia for basic needs, including food, shelter and clothing, for at least the three years before applying.
- Have an eligible relative or a relative’s partner who can sponsor the application, with that sponsorship approved by Home Affairs.
The dependency test is historical. A proposed arrangement for future support cannot replace the required three-year period of dependence already established before the application. The Department also states that a disability preventing the applicant from working can be a reason for dependence, but it is not presented as the only possible reason.
The sponsor does not have to be the person whose partner the applicant is. A relative’s partner may sponsor the application, but the applicant must still satisfy the separate requirement to have no partner.
Can the family obtain Subclass 838 before the primary applicant qualifies?
No. Subclass 838 is anchored to the eligibility of the person claiming aged dependent relative status. The person claiming aged dependent relative status must meet all eligibility criteria, and each family member applying with that person must meet the health and character requirements.
For this visa, the defined family unit consists of a dependent child and stepchild. A parent or other older relative may qualify as a sponsor, but that person is not included in the Subclass 838 family unit in that capacity.
A dependent child or stepchild can be included with the primary application and may be added before a decision is made. However, their inclusion does not remove the primary applicant’s age, dependency, sponsorship, health or character requirements. A family member cannot be approved ahead of an ineligible primary applicant under this visa and then serve as a substitute for that person’s eligibility.
The primary applicant must meet all eligibility criteria, including approved sponsorship, and each family member applying with that person must meet the health and character requirements.
Does a family relationship alone complete the sponsorship test?
No. The applicant must be sponsored by an eligible relative or a relative’s partner, and Home Affairs must approve the sponsorship. Willingness from a family member to act as sponsor is therefore not the only relevant consideration.
The applicant must also be able to hold a current Australian visa without a “no further stay” condition. A current visa marked with that condition does not satisfy this Subclass 838 eligibility test.
Even where the sponsor relationship and current visa status are acceptable, the application can still fail if the applicant does not meet the separate age, no-partner or three-year dependency requirements.
Do sponsorship and an assurance of support test the same thing?
No. They address different aspects of the visa case.
Sponsorship establishes the eligible family connection through an approved sponsor. An assurance of support is a separate undertaking that the visa holder will not need to rely on government assistance after entering Australia. The assurance covers the primary applicant and any family members who enter on the visa.
The primary applicant must be able to obtain this assurance. Home Affairs states that it will advise when the assurance is required. It does not replace either the approved sponsorship or the historical evidence of dependence required under the visa criteria.
Can a family member’s health or character issue be ignored if the primary applicant qualifies?
No. The primary applicant and every family member applying for the visa must meet the health requirement. The Department may also request health evidence from other family members who are not travelling.
The same applies to character. The applicant and each family member applying with the applicant must meet the character requirement, and Home Affairs may also ask other non-migrating family members to satisfy it.
Accordingly, one family member’s compliance cannot compensate for another included family member’s failure. A strong primary application still has to account for the health and character position of the whole family unit.
Where an applicant under 18 is involved, Home Affairs will not grant the visa unless doing so is in that applicant’s best interests.
Can family debt or immigration history stop the application?
Yes. If the primary applicant or any family member owes money to the Australian Government, it must be repaid or covered by an approved repayment arrangement before the relevant requirement can be satisfied.
Home Affairs also considers the applicant’s immigration history. A previous visa cancellation or refusal may affect eligibility for Subclass 838. The Department notes, however, that in some circumstances a person may still apply for a permanent visa despite such a history.
That makes immigration history a substantive assessment rather than a box that can safely be treated as either automatically irrelevant or an unconditional lifetime bar. The outcome depends on the particular records and applicable limitations.
What family information and location requirements apply?
A dependent child and stepchild may be included in the application. Family members can also be added at any time before Home Affairs makes its decision, but the application must provide details of all family members whether they are migrating or not.
Family members applying for the visa must meet the health and character requirements. Those who are not coming to Australia might also have to meet those requirements.
Location is another condition attached to the application:
- The primary applicant must be in Australia, but not in immigration clearance, both when applying and when the application is decided.
- Any family member applying with the primary applicant must also be in Australia and not in immigration clearance when the family member applies.
The primary applicant’s eligibility therefore has practical consequences for whether the entire family unit can remain in the same application pathway.
Does Subclass 838 lead to an immediate and unrestricted outcome?
Eligibility does not mean the visa will be granted immediately. Demand for Other Family visas exceeds the number of available places, and Subclass 838 applications are subject to capping and queueing. Processing can therefore be lengthy, particularly where documents or information require further examination.
If granted, the visa is permanent and allows indefinite residence in Australia. It also permits work and study, enrolment in Medicare, sponsorship of relatives, access to free Adult Migrant English Program classes if eligible, and an application for Australian citizenship if eligible.
Permanent residence does not mean travel remains unrestricted indefinitely. The initial travel validity lasts five years from the grant date, during which the holder can travel to and from Australia as often as desired. After that initial period, an RRV is generally required to re-enter Australia as a permanent resident unless the holder has become an Australian citizen.
Frequently Asked Questions
What is an aged dependent relative under Subclass 838?
An aged dependent relative is a person who is old enough to receive Australia’s age pension, has no partner, and has depended on a relative in Australia for food, shelter, clothing or other basic needs for at least the three years before applying. The person must also have an eligible relative or relative’s partner whose sponsorship is approved by Home Affairs.
Does Subclass 838 require the primary applicant to have no partner?
Yes. The Department’s eligibility test states that the applicant must have no partner. This is different from the sponsor rule, because a partner of the applicant’s relative may still be eligible to sponsor the application.
Can a child or stepchild be approved before the primary applicant?
No. A dependent child or stepchild may be included in the primary applicant’s application, but cannot be approved ahead of an applicant who fails the core Subclass 838 requirements. Family inclusion supplements the application; it does not replace the primary applicant’s eligibility.
What is the three-year dependency requirement?
The applicant must have depended on a relative in Australia for basic needs for at least the three years before applying. A disability that prevents work may explain that dependence, but future financial support cannot replace the historical dependence required by the visa test.
Is an assurance of support the same as a sponsor?
No. A sponsor must be an eligible relative or the partner of an eligible relative, and Home Affairs must approve the sponsorship. An assurance of support separately addresses the possibility that the applicant and migrating family members will rely on government assistance after entering Australia.
Must every family member meet the health and character requirements?
Yes, every family member applying for the visa must meet both requirements. Home Affairs may also request health and character evidence from family members who are not migrating, so their circumstances can still affect the application.
Does a previous visa refusal automatically prevent a new application?
Home Affairs considers previous visa cancellations and refusals when assessing eligibility, and either event may prevent approval. The Department states that some applicants may still be permitted to apply for a permanent visa in certain circumstances, so the history must be assessed rather than treated as automatically decisive in every case.
Can family members be added after the application is lodged?
Yes. A dependent child or stepchild can be added until Home Affairs makes its decision. All family details must be provided whether the family members are migrating or not, and the location requirements for primary and accompanying applicants must still be satisfied.
Does a permanent Subclass 838 visa allow unlimited travel?
No. The visa allows indefinite residence in Australia, but its initial travel validity lasts five years from the grant date. After that period, a Resident Return Visa is generally needed to re-enter Australia as a permanent resident unless the person has become an Australian citizen.
References
Australian Department of Home Affairs — Aged Dependent Relative visa (Subclass 838)