If your elderly parent or relative cannot work because of a health condition, and they rely on you financially as a result, they may be eligible for the Subclass 838 Aged Dependent Relative visa — even without years of financial remittance history.
Who Can Apply This Way?
The standard 838 visa requires you to show you've been financially supporting your relative for a substantial period — typically around three years. But there is a separate eligibility path under Regulation 1.05A(1)(b) specifically for people who are dependent because of a health-related incapacity to work.
This pathway applies when your relative meets all four of the following:
- They have a medical condition or disability that causes a total or partial loss of physical or mental function
- That condition means they are incapacitated for work — fully or partially — and cannot earn enough to support themselves
- Because of that incapacity, they are financially reliant on you (the Australian sponsor)
- You are an eligible sponsor — an Australian citizen, permanent resident, or eligible New Zealand citizen
What Conditions Can Qualify?
The law covers any condition causing a total or partial loss of bodily or mental functions. This is deliberately broad. Examples include:
Your relative does not need to be completely unable to do anything. Partial incapacity is enough — provided it prevents them from earning sufficient income to meet their basic needs.
Do You Need 3 Years of Financial Support?
Not necessarily. The three-year guideline used by the Department is policy, not law. Where the dependency is caused by a medical condition, courts have confirmed a shorter period can satisfy the test — provided the dependency is genuine and caused by the health issue.
If your parent only recently became unable to work due to deteriorating health, you can still make a strong case even if your financial support history is less than three years.
What Evidence Do You Need?
- Specialist medical report — confirming the diagnosis, the functional impact, and specifically that the condition prevents the person from working
- Medical records from the home country showing when the condition started (especially if it developed before they came to Australia)
- Bank statements and remittance records showing you have been sending financial support
- Statutory declarations from both you and your relative explaining the incapacity and how it makes financial support necessary