Aged Dependent Relative Visa 838 (Onshore)

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Onshore 838

What is the 838 Visa?

The Aged Dependent Relative visa (subclass 838) allows a single, pension-age person who relies financially on an eligible Australian relative to apply for permanent residency while living in Australia. Unlike the 114 visa, you must be in Australia (not immigration clearance) when you apply and when a decision is made. The process offers unique bridging visa and Medicare options—but still faces long queue times due to strict capping.

Unique Benefits & Challenges of Subclass 838

Apply and wait in Australia: You must be physically present in Australia to lodge and receive a decision on a subclass 838 application.
Bridging Visa A (BVA): Most applicants receive a BVA, letting them lawfully remain during processing (potentially for many years).
Medicare access: Once a valid 838 application is lodged, you are typically eligible for Medicare while waiting.
Long queue: Processing times are extremely lengthy (often 20+ years).
Strict “no partner” rule: You must remain single until a final decision is made.
Work rights: Work rights on a BVA may require a separate application and proof of financial hardship.

Who Can Sponsor & Who Can Apply?

Sponsor:

Australian citizen, permanent resident, or eligible NZ citizen (18+)
Parent, sibling, child, aunt/uncle, niece/nephew, or step-relative

Applicant:

Single (no spouse or de facto partner)
Age-pension age (currently 67) at time of decision
Financially dependent on sponsor for at least three years before applying
Must be in Australia (not immigration clearance) to apply and at time of decision
Meet health and character requirements

Core Eligibility & “Offshore” Rules

Requirement	Notes
Apply onshore	Must be in Australia (not immigration clearance) at application and decision time
No “no further stay” condition	If your current visa has this, waiver required before lodging
Maintain single status	Any relationship after application leads to refusal
Financial dependency	Minimum 3 years, evidenced by bank records/remittances
Health and character	Standard for all family visas
Assurance of Support (AoS)	Sponsor must be financially eligible

Application Process – Step by Step

Prepare Gather dependency evidence, sponsor documents, health and police checks
Apply your application with evidence while onshore, pay VAC
Bridging Visa Receive Bridging Visa A (BVA) once your current visa expires
Queue If valid, application is acknowledged and given a queue date (~4 weeks)
Wait Remain in Australia on BVA (potentially for decades)
Final Processing Provide updated health/police checks and AoS bond when requested
Visa Decision Permanent residency granted if all criteria met and cap is available

Bridging Visa A (BVA) and Work Rights

BVA activation: Your BVA takes effect when your current substantive visa expires.
Work rights:
- Not automatically included for most.
- Apply for work rights if you can show financial hardship.
- Evidence: Bank statements, statutory declarations, reasons for hardship.
Travel rights: BVA does not allow travel outside Australia. Apply for a Bridging Visa B (BVB) for travel; you must be in Australia at the time of visa decision.

Proving Financial Dependency

Minimum three years’ ongoing support by the sponsor (before application).
Evidence includes:
- Bank transfers/remittances
- Joint bills, shared lease agreements
- Statutory declarations from third parties
Use a table to match sponsor payments to applicant’s expenses, by month/year.
Translations required for non-English documents.

Health & Character Requirements

Health checks: Arrange after invitation or as requested.
Police certificates: Required for all countries lived in for 12+ months in the last 10 years.
You may be asked for fresh checks during final processing, especially if there’s a long queue wait.

Fees, Queue Dates & Processing Times (as at July 2025)

Fee	Amount (AUD)
Main applicant	$5,280
Additional applicant 18+	$2,645
Assurance of Support (AoS)	$10,000 (first adult), $4,000 (each extra adult)

Queue/capping: As of 31 May 2025, the Department is processing applications with queue dates up to 28 February 2013.
Estimated processing time for new 838 visa: About 27 years
Acknowledgement & queue date: Usually received about four weeks after lodgement, if valid.

Want to Discuss Your Matter?

If you need personalised advice or want clarity on your offshore Aged Dependent Relative visa 114 situation, we’re here to help. Book a 30-minute consultation for $250 with Jade Immigration Lawyers.

We assist clients across Australia and internationally.
Your consultation fee is credited toward your legal fees if you proceed.

📅 Book a Consultation Now

Let us handle the paperwork — so you can focus on your future.

Aged Dependent Relative Visa (Onshore 838)
Aged Dependent Relative Visa Overview
Parent Visa Australia
Remaining Relative visa (115 & 835)
Bridging Visa A (BVA) guide

Get Your Question Answered

Practice Areas

FAQ

Get answers to frequently asked questions about our immigration services and processes. For additional assistance, please reach out to us.

Can I travel overseas while waiting for my 838 visa?

Only if you obtain a Bridging Visa B (BVB) before departure—and you must be back in Australia for the final decision.

Am I eligible for Medicare while waiting?

Yes, once your valid subclass 838 application is lodged.

Yes, provided you meet all dependency and relationship requirements.

What’s the main difference between the aged dependent relative visa (838/114) and parent visas?

The ADR visa requires the applicant to be single and financially dependent on their sponsor (for at least 3 years). Parent visas don’t require financial dependency but do require the applicant to have a child settled in Australia. Parent visas are available to couples, but ADR visas are only for single applicants.