Subclass 114 and 838
The Subclass 114 and 838 visas are permanent pathways for single older family member who is relative of an Australian permanent resident, citizen, or ENZC.
Providing Permanent Support for Your Aged Relatives
The Aged Dependent Relative stream allows an older person who relies on an Australian relative for financial support to move to or remain in Australia permanently. The primary distinction is the location of the applicant: the 114 is for those outside Australia, while the 838 is for those already in Australia.
These visas are subject to Capping and Queueing, meaning that once the core criteria are met, the application is placed in a queue for a significant period before a final decision is made.
Key Factors:
- Aged Requirement: The applicant must be at least 67 years of age (aligned with the Australian Age Pension age).
- Dependency History: The applicant must have been dependent on the Australian relative for a "reasonable period" (generally the 3 years immediately preceding the application).
- Marital Status: The applicant must be "Single" that is having no partner.
- Assurance of Support (AoS): A mandatory bond (usually AUD 5,000) is required to ensure the applicant does not rely on social security.
Subclass 114 - Aged Dependent Relative (Offshore)
Applicant Requirements
What it is for: Single older relatives outside Australia who rely on an Australian relative for basic needs.
What it allows: Entry to Australia; permanent stay; full work/study rights; and a pathway to Citizenship.
Key Requirements:
- Must be outside Australia at time of application and grant.
- Must be at least 67 years old and single.
- Must have been dependent on the sponsor for at least 3 years.
- Must meet health and character standards.
Length of Stay: Permanent.
Work Rights: Unrestricted.
Sponsor Requirements
Eligibility: Must be an Australian citizen, Australian Permanent Resident, or eligible New Zealand citizen.
Key Limitations:
- Settled Status: The sponsor must be "settled" (usually 2 years of residency).
- Support Undertaking: Must assist the applicant financially and with accommodation for the first 2 years in Australia.
Subclass 838 - Aged Dependent Relative (Onshore)
Applicant Requirements
What it is for: Single older relatives in Australia seeking to remain permanently with their supporting relative.
What it allows: Permanent stay; full work and study rights; access to Medicare; and a pathway to Australian citizenship.
Key Requirements:
- Must be in Australia at time of application and grant.
- Must hold a substantive visa (or satisfy Schedule 3 criteria if the previous visa has expired).
- Must be at least 67 years old and satisfy the 3-year dependency rule.
- Must meet health and character standards.
Length of Stay: Permanent.
Work Rights: Unrestricted.
Sponsor Requirements
Eligibility: Must be an Australian citizen, Australian Permanent Resident, or eligible New Zealand citizen.
Key Limitations:
- Settled Status: The sponsor must be lawfully residing in Australia.
- Financial Undertaking: Must assist the applicant with accommodation and financial support for at least 2 years.
Maintaining compliance
- Single Status: The applicant must remain single until the visa is granted. Marriage or a defacto relationship will result in visa refusal.
- Dependency Maintenance: The applicant should continue to be supported by the relative to satisfy the ongoing requirement of the visa.
- AoS Bond: The Assurance of Support bond must be paid when requested (time of decision) and is held for 2 years after the visa is granted.
The 114 & 838 Application Process
Eligibility Audit
Verify the applicant is at least 67, single, and has been dependent on the relative for the last 3 years.
Documents & Lodgement
Gather 3 years of financial records (bank transfers, receipts), living arrangement proofs, and health/character documents. Submit the application (Offshore for 114; Onshore for 838).
Queue Assessment
The Department performs an initial assessment against core criteria to determine if the application can enter the queue.
Queue Placement
The applicant is notified of their queue date and assigned a place in the global queue.
Final Assessment
When a place becomes available under the annual cap, the Department requests final health/character checks and the AoS bond before the decision.
For 114 & 838 Applicants
The Subclasses 114 and 838 require strict adherence to the Aged and Dependency rules. At Immilex, we assess your financial reliance and living arrangements to ensure this benchmark is logically documented and supported by verifiable evidence.
It is also critical to plan for the Capping and Queueing system. As of 2026, these visas face multi-decade processing times. Applicants must be prepared for a long wait and ensure they remain "Single" (not in a de facto relationship or married) throughout the process.
Frequently Asked Questions
As of February 28, 2026, the Department has released Aged Dependent Relative applications for final processing that have a queue date upto June 30, 2013. For new applications lodged today, the estimated processing timeframe is approximately 22 years.
Onshore applicants (838) are usually granted a Bridging Visa A (BVA). To travel and return to Australia, you must apply for and be granted a Bridging Visa B (BVB) before departure. For offshore applicants (114), you must remain outside Australia for the grant of the visa.
These visas require the applicant to be "Single" this means having no partner. If you marry or enter a de facto relationship at any point before the visa is granted, you will no longer meet the core eligibility criteria, and the application will be refused.
To satisfy the "Aged" requirement for Subclasses 114 and 838, the applicant must be at least 67 years of age. This aligns with the current Australian Age Pension age as of 2026.
You are considered dependent if you are wholly or substantially reliant on your relative in Australia for financial support to meet your basic needs (food, clothing, and shelter). This reliance must have been consistent for a substantial period, usually at least 3 years immediately before the application is lodged.