Dependency is an element which must be established and supported by evidence.
The Aged Dependent Relative visa (subclass 838) is a visa for some older people to stay permanently in Australia in the situation where they rely on an eligible relative in Australia to provide financial support
A person is eligible for an Aged Dependent Relative visa if they:
- are sponsored by a relative or their partner who lives in Australia
- do not have a spouse or de facto partner
- meet the dependency requirements
- meet the age requirements
- have someone who will provide an assurance of support
- meet health and character requirements.
Additionally, the applicant must be sponsored by a relative or partner on whom they are financially dependent. This is displayed through that sponsor providing financial support for a reasonable period, generally 3 years, before the application is lodged. This sponsor must be:
- 18 years of age or older
- usually residentin Australia
- settledin Australia as:
- an Australian citizen
- an Australian permanent resident
- an eligible New Zealand citizen.
Other factors which determine eligibility for the Aged Dependent Relative visa include
- The applicant must be old enough to be granted an aged pension under the Social Security Act 1991
- The applicant must meet certain health requirements
- The applicant must provide a police certificate from each country they have lived in for 12 months or more, during the past 10 years, since they turned 16 years of age.
Australian Values Statement
- The applicant must sign an Australian Values Statement to confirm that they will respect the Australian way of life and obey Australian laws
Debts to the Australian Government
- The applicant must have no outstanding debts to the Australian Government
At Immigration Solutions Lawyers, we work closely with clients to ensure that when an application is refused by the Department of Immigration and border Protection, steps can be taken on review to ensure a more positive outcome is achieved, by reviewing the metis of the decision.
Recently, Immigration Solutions lawyers were successful in a case on review where an applicant was refused an Aged Dependent Relative (subclass 383) visa. In this case, the issue in contention was whether the applicant (a citizen of the UK) was financially reliant on his brother, an Australian citizen.