# Carer

> visa-836 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

Subclass 836—Carer
836.1—Interpretation

836.111
               In this Part:
               Australian relative means a relative of the applicant who is an Australian citizen,
               an Australian permanent resident or an eligible New Zealand citizen.
               Note:     dependent child, eligible New Zealand citizen and settled are defined in
                         regulation 1.03, and carer is defined in regulation 1.15AA.


836.2—Primary criteria
               Note:     The primary criteria must be satisfied by at least one member of a family unit. The
                         other members of the family unit who are applicants for a visa of this subclass need
                         only satisfy the secondary criteria.

836.21—Criteria to be satisfied at time of application

836.211
               The applicant is:
                (a) the holder of a substantive visa (other than a Subclass 771 (Transit) visa);
                    or
                (b) a person who:
                      (i) is not the holder of a substantive visa; and
                     (ii) immediately before ceasing to hold a substantive visa, was not the
                          holder of a Subclass 771 (Transit) visa; and
                    (iii) satisfies Schedule 3 criterion 3002.

836.212
               The applicant claims to be the carer of an Australian relative.

836.213
               The applicant is sponsored:
                (a) by the Australian relative, if the Australian relative:
                      (i) has turned 18; and
                     (ii) is a settled Australian citizen, a settled Australian permanent resident
                          or a settled eligible New Zealand citizen; and
                    (iii) is usually resident in Australia; or
                (b) by the spouse or de facto partner of the Australian relative, if the spouse
                    or de facto partner:
                      (i) has turned 18; and







                        (ii) is a settled Australian citizen, a settled Australian permanent resident
                             or a settled eligible New Zealand citizen; and
                       (iii) is usually resident in Australia; and
                       (iv) cohabits with the Australian relative.

836.22—Criteria to be satisfied at time of decision

836.221
               The applicant is a carer of a person referred to in clause 836.212.

836.223
               The applicant:
                (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010,
                    4020 and 4021; and
                (b) if the applicant had turned 18 at the time of application—satisfies public
                    interest criterion 4019.

836.224
          (1) Each person who is covered by subclause (2), (3) or (4):
               (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010
                   and 4020; and
               (b) if the person had turned 18 at the time of application—satisfies public
                   interest criterion 4019.
          (2) This subclause covers a person:
               (a) who is a member of the family unit of the applicant (the primary
                    applicant); and
               (b) who is also an applicant for a Subclass 836 visa.
          (3) This subclause covers a person (the relevant person) if:
               (a) the relevant person was, at the time of the primary applicant’s application,
                    a member of the family unit of the primary applicant; and
               (b) the relevant person is an applicant for a Subclass 836 visa; and
               (c) the Minister is satisfied that one or more of the following has experienced
                    family violence committed by the primary applicant:
                      (i) the relevant person;
                     (ii) a member of the family unit of the relevant person who has made a
                          combined application with the relevant person or with the primary
                          applicant;
                    (iii) a dependent child of the relevant person or of the primary applicant.
               Note:      For special provisions relating to family violence, see Division 1.5.

          (4) This subclause covers a person if:









                 (a) the person was, at the time of the primary applicant’s application, a
                     member of the family unit of the primary applicant but is no longer a
                     member of the family unit of the primary applicant; and
                 (b) the person is an applicant for a Subclass 836 visa; and
                 (c) the person is a member of the family unit of a person covered by
                     subclause (3).

836.224A
          (1) Each person:
                (a) who is a member of the family unit of the applicant; and
                (b) who is not an applicant for a Subclass 836 visa;
              satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public
              interest criterion 4005, unless the Minister is satisfied that it would be
              unreasonable to require the person to undergo assessment in relation to that
              criterion.
          (2) Each person:
                (a) who was, at the time of application, a member of the family unit of the
                     applicant but is no longer a member of the family unit of the applicant; and
                (b) who is a member of the family unit of a person covered by
                     subclause 836.224(3) or (4); and
                (c) who is not an applicant for a Subclass 836 visa;
              satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public
              interest criterion 4005, unless the Minister is satisfied that it would be
              unreasonable to require the person to undergo assessment in relation to that
              criterion.

836.225
               If a person (in this clause called the additional applicant):
                 (a) is a person covered by subclause 836.224(2), (3) or (4); and
                 (b) has not turned 18; and
                 (c) made a combined application with the applicant—
               public interest criteria 4015 and 4016 are satisfied in relation to the additional
               applicant.

836.226
               If the applicant has not turned 18, public interest criteria 4017 and 4018 are
               satisfied in relation to the applicant.

836.227
               The sponsorship mentioned in clause 836.213 has been approved by the Minister
               and is still in force.









836.3—Secondary criteria
               Note:    These criteria are for applicants seeking to satisfy the secondary criteria.

836.31—Criteria to be satisfied at time of application

836.311
          (1) The applicant:
               (a) is a member of the family unit of a person (the primary applicant) who:
                     (i) has applied for an Other Family (Residence) (Class BU) visa; and
                    (ii) on the basis of the information provided in the application, appears to
                         satisfy the criteria in Subdivision 836.21;
                   and the Minister has not decided to grant or refuse to grant the visa to that
                   other person; or
               (b) is a member of the family unit of a person covered by subclause (2).
          (2) This subclause covers a person (the relevant person) if:
               (a) the relevant person was, at the time of the relevant person’s application for
                    the visa, the spouse or de facto partner of the primary applicant; and
               (b) the relevant person made a combined application with the primary
                    applicant; and
               (c) the relationship between the relevant person and the primary applicant has
                    ceased; and
               (d) one or more of the following has experienced family violence committed
                    by the primary applicant:
                      (i) the relevant person;
                     (ii) a member of the family unit of the relevant person or the primary
                          applicant;
                    (iii) a dependent child of the relevant person or primary applicant.
               Note:    For special provisions relating to family violence, see Division 1.5.


836.312
          (1) The sponsorship mentioned in clause 836.213 of the person who satisfies the
              primary criteria includes sponsorship of the applicant.
          (2) Subclause (1) does not apply if paragraph 836.311(1)(b) applies to the applicant.

836.32—Criteria to be satisfied at time of decision

836.321
          (1) The applicant meets the requirements of subclause (2), (3), (4) or (5).
          (2) The applicant meets the requirements of this subclause if the applicant:









                 (a) is the member of the family unit of a person (the primary applicant) who
                     holds a Subclass 836 visa granted on the basis of satisfying the primary
                     criteria for the grant of the visa; and
                 (b) made a combined application with the primary applicant.
          (3) The applicant meets the requirements of this subclause if:
               (a) at the time of the application, the applicant was the spouse
                   or de facto partner of a person (the primary applicant) seeking to satisfy
                   the primary criteria for the grant of a Subclass 836 visa, and the primary
                   applicant has since been granted that visa; and
               (b) the relationship between the primary applicant and the applicant has
                   ceased; and
               (c) one or more of the following has experienced family violence committed
                   by the primary applicant:
                     (i) the applicant;
                    (ii) a member of the family unit of the applicant who has made a
                         combined application with the applicant or with the primary applicant;
                   (iii) a dependent child of the applicant or of the primary applicant; and
               (d) the applicant:
                     (i) was in Australia at the time the applicant’s visa application was made;
                         or
                    (ii) entered Australia after the applicant’s visa application was made.
          (4) The applicant meets the requirements of this subclause if:
               (a) at the time of the application, the applicant was the spouse
                   or de facto partner of a person (the primary applicant) seeking to satisfy
                   the primary criteria for the grant of a Subclass 836 visa; and
               (b) the relationship between the primary applicant and the applicant has
                   ceased; and
               (c) one or more of the following has experienced family violence committed
                   by the primary applicant:
                     (i) the applicant;
                    (ii) a member of the family unit of the applicant who has made a
                         combined application with the applicant or with the primary applicant;
                   (iii) a dependent child of the applicant or of the primary applicant; and
               (d) the Minister has decided to refuse to grant the primary applicant the visa
                   for reasons including that the primary applicant had engaged in conduct
                   involving family violence (whether or not the family violence was against a
                   person mentioned in paragraph (c)).
          (5) The applicant meets the requirements of this subclause if:
               (a) the applicant is a member of the family unit of a person (the secondary
                   applicant) who meets the requirements of subclause (3) or (4); and
               (b) the applicant has made a combined application with the secondary
                   applicant or the primary applicant mentioned in subclause (3) or (4)
                   (whichever applies to the secondary applicant); and
               (c) a Subclass 836 visa has since been granted to the secondary applicant.







               Note:     For special provisions relating to family violence, see Division 1.5.


836.322
               The applicant:
                (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010,
                    4020 and 4021; and
                (b) if the applicant had turned 18 at the time of application—satisfies public
                    interest criterion 4019.

836.324
               If the applicant has not turned 18, public interest criteria 4017 and 4018 are
               satisfied in relation to the applicant.

836.325
          (1) The applicant is sponsored:
               (a) by an Australian relative for the applicant, an Australian relative for the
                   primary applicant mentioned in subclause 836.321(2), (3) or (4) or an
                   Australian relative for an applicant who meets the requirements of
                   subclause 836.321(3) or (4), if the relative:
                     (i) has turned 18; and
                    (ii) is a settled Australian citizen, a settled Australian permanent resident
                         or a settled eligible New Zealand citizen; and
                   (iii) is usually resident in Australia; or
               (b) by the spouse or de facto partner of the relative, if the spouse or de facto
                   partner:
                     (i) has turned 18; and
                    (ii) is a settled Australian citizen, a settled Australian permanent resident
                         or a settled eligible New Zealand citizen; and
                   (iii) is usually resident in Australia; and
                   (iv) cohabits with the Australian relative.
          (2) The sponsorship is approved by the Minister and is in force.

836.326
          (1) This clause applies if the applicant (the secondary applicant) meets the
              requirements of subclause 836.321(3) or (4).
          (2) Each member of the family unit of the secondary applicant who is an applicant
              for a Subclass 836 visa satisfies public interest criteria 4001, 4002, 4003, 4004,
              4005, 4009, 4010 and 4020.
          (3) Each member of the family unit of the secondary applicant who is an applicant
              for a Subclass 836 visa and who has turned 18 at the time of application satisfies
              public interest criterion 4019.








          (4) Public interest criteria 4015 and 4016 are satisfied in relation to each member of
              the family unit of the secondary applicant who is an applicant for a Subclass 836
              visa and who has not turned 18 at the time of decision.
          (5) Each member of the family unit of the secondary applicant who is not an
              applicant for a Subclass 836 visa:
                (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
               (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it
                    would be unreasonable to require the member to undergo assessment in
                    relation to that criterion.

836.4—Circumstances applicable to grant

836.411
               The applicant must be in Australia, but not in immigration clearance, when the
               visa is granted.
               Note:    The second instalment of the visa application charge must be paid before the visa can
                        be granted, unless the applicant is a person in relation to whom the Minister has
                        determined that the second instalment of the visa application charge should not be paid
                        because the Minister is satisfied that payment of the instalment has caused, or is likely
                        to cause, severe financial hardship to the applicant or to the person of whom the
                        applicant is a carer.


836.5—When visa is in effect

836.511
               Permanent visa permitting the holder to travel to and enter Australia for a period
               of 5 years from the date of grant.

836.6—Conditions: Nil.
