🧓 Understanding “Dependency” for the Subclass 838 Aged Dependent Relative Visa



By Rajwant Singh – Registered Migration Agent (MARN 1794016)
Australian Visa Centre | info@avc.net.au

🌏 Why This Matters?

The Aged Dependent Relative visa (Subclass 838) allows elderly individuals who rely on their Australian family members for daily financial support to live in Australia permanently.

However, “dependency” is one of the most misunderstood—and most scrutinised—parts of this visa. Many applications fail not because the relationship is disputed, but because the evidence of financial dependency is weak or poorly explained.

In this post, I’ll unpack what “dependency” really means under migration law, what evidence is expected, and how you can build a strong and compliant case.

⚖️ What the Law Says

Under the Migration Regulations 1994, an aged dependent relative is defined as someone who:

(a) does not have a spouse or de facto partner; and
(b) has been dependent on the Australian relative for a reasonable period, and remains so dependent; and
(c) is old enough to be granted an age pension under the Social Security Act 1991.

In plain terms, this means the applicant must be:

1. Single or widowed (no ongoing relationship),
2. Financially dependent on their relative in Australia, and
3. Of pensionable age as per Australian law.

💰 What Does “Dependent” Mean?

Regulation 1.05A of the Migration Regulations gives a specific legal meaning to the word “dependent”:

A person is dependent if they are wholly or substantially reliant on another person for financial support to meet their basic needs—food, clothing, and shelter—for a substantial period of time.

In simpler words, to be considered dependent:

• You must rely mainly or completely on your Australian relative for day-to-day living expenses,
• This support must have been ongoing for a reasonable time (not a few months), and
• You must not be receiving comparable support from anyone else or any other source.

If the person cannot work because of a physical or mental condition, that incapacity can also establish dependency.

📑 Only Financial Dependency Counts

The Department’s policy is clear:

“Only financial dependency qualifies.”

This means that emotional support, companionship, or care in daily activities—although important—do not satisfy the migration definition of dependency.

You must show that:

• Your Australian relative regularly provides money or pays your living expenses,
• This has been happening for a reasonable period (usually three years),
• And that you still rely on this financial support at the time of visa decision.

🕰️ What Is a “Reasonable Period”?

The law does not set a fixed period, but Departmental policy interprets a reasonable period as around three years of consistent support.

In exceptional cases, a shorter period may be accepted if the support has been:

• Ongoing and genuine, and
• Clearly necessary for the applicant’s survival or wellbeing.

Importantly, dependency must exist:

• At the time the visa is lodged, and
• At the time the visa is decided.

If support stops in between, the application may be refused.

📚 Evidence You Should Provide

To prove dependency, the applicant (and sponsor) should provide clear documentation such as:

• Bank transfer records or remittance receipts over several years
• Statements explaining why the support is necessary
• Proof of ongoing expenses covered by the sponsor (e.g. rent, utilities, groceries)
• Income evidence showing the applicant’s lack of other means
• Medical or pension documents if incapacity for work applies

Remember, the onus of proof is on the applicant. Decision-makers will not assume dependency—they must see concrete evidence.

🧾 Real-World Example

Let’s say Mrs. Kaur, aged 70, lives in India. Her son in Australia has been sending her $800 every month for food and bills for the last three years. She has no other income.

If she applies for the Subclass 838 visa, she can show:

• Bank statements confirming regular transfers,
• A personal statement explaining her situation,
• Evidence of no local income, and
• Proof of age (e.g. passport, pension card).

This would likely meet the financial dependency criteria—provided the support is genuine and still ongoing at the time of decision.

⚠️ Common Mistakes to Avoid

 ❌ Submitting only one or two recent transfers
❌ Claiming “emotional dependence” instead of financial
❌ Having irregular or unexplained gaps in support
❌ Stopping the support after the application is lodged
❌ Relying on cash transfers without verifiable records

If the Department doubts the dependency, they may request interviews or further documents from both applicant and sponsor.

✅ Key Takeaways

To qualify as an Aged Dependent Relative, the applicant must:

1. Be single and of Age Pension age
2. Have been financially dependent on the Australian relative for at least three years
3. Continue to depend on that support
4. Provide strong documentary evidence—not just statements

Dependency is not about generosity; it’s about financial necessity.

💬 Final Word from Rajwant Singh

As a migration agent who has handled hundreds of family and parent visas, I’ve seen many applicants misunderstand the dependency requirement.
It’s not enough to say “I help my relative”—you must prove that help has been essential and continuous.

If you’re unsure whether your situation qualifies, it’s best to get your case reviewed before lodging the application.

📞 Need Help?