Subclass 838 — Aged Dependent Relative

838.1—Interpretation

838.111

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: aged dependent relative, dependent child, eligible New Zealand citizen and settled are defined in regulation 1.03.

838.2—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 satisfy only the secondary criteria.

838.21—Criteria to be satisfied at time of application

838.211

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.

838.212

The applicant is an aged dependent relative of an Australian relative.

838.213

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 New Zealand citizen; and

(iii) is usually resident in Australia; and

(iv) cohabits with the Australian relative.

838.22—Criteria to be satisfied at time of decision

838.221

The applicant continues to satisfy the criterion in clause 838.212.

838.222

The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

838.223

The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019, 4020 and 4021.

838.224

(1) Each member of the family unit of the applicant who is an applicant for a Subclass 838 visa is a person who:

(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) Each member of the family unit of the applicant who is not an applicant for a Subclass 838 visa satisfies:

(a) public interest criteria 4001, 4002, 4003 and 4004; and

(b) 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.

838.225

If a person (in this clause called the additional applicant):

(a) is a member of the family unit of the applicant; 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.

838.226

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

838.227

The sponsorship mentioned in clause 838.213 has been approved by the Minister and is still in force.

838.3—Secondary criteria

Note: If any member of a family unit satisfies the primary criteria, the other members of the family unit are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person.

838.31—Criteria to be satisfied at time of application

838.311

The applicant is a member of the family unit of a person who:

(a) has applied for an Other Family (Residence) (Class BU) visa; and

(b) on the basis of the information provided in his or her application, appears to satisfy the criteria in Subdivision 838.21;

and the Minister has not decided to grant or refuse to grant the visa to that other person.

838.312

The sponsorship mentioned in clause 838.213 of the person who satisfies the primary criteria includes sponsorship of the applicant.

838.32—Criteria to be satisfied at time of decision

838.321

The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 838 visa.

838.322

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.

838.323

The Minister is satisfied that:

(a) the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of Social Services; or

(b) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

838.324

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

838.325

The sponsorship mentioned in clause 838.312 has been approved by the Minister and is still in force.

838.4—Circumstances applicable to grant

838.411

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.

838.5—When visa is in effect

838.511

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

838.6—Conditions: Nil.