Dependency is an element which must be established and supported by evidence.

Mere assertion is not good enough.

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.[1]

A person is eligible for an Aged Dependent Relative visa if they:[2]

• 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:[3]

• 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:[4]

• Age
  • The applicant must be old enough to be granted an aged pension under the Social Security Act 1991
• Health
  • The applicant must meet certain health requirements
• Character
  • 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

Successful Case

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.

Not only did Immigration Solutions Lawyers provide arguments to mitigate the issue in respect of the refused primary application, we also provided evidence and legal arguments that the balance of criteria for the subclass 383 were met too. This was important as the applicant in this case also had other immediate family members (siblings) who were located in Australia and in other places of the world, including the UK. Immigration Solutions had to prove not only was the applicant financially reliant on the Australian brother, but that the applicant also couldn’t be cared for by his other siblings, or relevant community care (e.g. nursing homes) in the UK.

Immigration Solutions lawyers presented extensive arguments in order to show that the applicant was financially dependent on his Australian brother both before his primary subclass 383 application and post subclass 383 application. It was imperative to ensure an accurate timeline of dependency was, made in order to showcase that this dependency existed before the visa application and for the foreseeable future. Immigration Solutions Lawyers further had to prove that no one else could care for the applicant, as they had health issues of their own, family to care for or work which would not enable full and adequate care of the applicant. This was required to meet the balance of criteria for primary level consideration if the application were remitted back to the Department of Immigration and Border Protection, which it was.

This case is yet another example of the immigration lawyers (also who are registered migration agents) at Immigration Solutions Lawyers successfully assisting someone in need to achieve their dream of migrating to Australia.

For more information on how Immigration Solutions Lawyers can assist you or someone you love to migrate to Australia, visit our website or call us on 1300 428 472.

[1] Department of Immigration and Border Protection (DIBP). Aged Dependent Relative visa (subclass 838). <https://www.border.gov.au/Trav/Visa-1/838->

[2] Ibid.

[3] Ibid.

[4] Ibid.