Subclass 838 Aged Dependent Relative Visa: The Onshore Family Pathway
The Subclass 838 visa is a permanent onshore family visa for older applicants who are already in Australia and who have been substantially dependent on an Australian-citizen, permanent resident, or eligible New Zealand citizen relative.
It belongs to the Family stream — not the Humanitarian programme. The applicant must be old enough to qualify for the Australian Age Pension (currently 67 from 1 July 2023), must be single, and must show a three-year history of substantial dependency on the sponsoring relative.
Important context first: Like all Other Family visas, the Subclass 838 is subject to capping and queueing. The Department of Home Affairs currently publishes an estimated processing time of 22 years for new applications. We discuss what that means for your strategy in section 4 below.
838 Eligibility Assessment with a MARN Agent →What a Subclass 838 Grant Gives You
The Subclass 838 is a permanent residence visa. Once granted, it carries the standard PR rights:
Permanent residence
Stay in Australia indefinitely. Permanent residence starts on the day the visa is granted, which is also the start date for citizenship counting.
Work and study rights
Work and study in Australia without restrictions. As a permanent resident you are protected by Australian workplace law.
Medicare and education
Enrol in Medicare and access publicly funded education on the same basis as citizens.
Citizenship pathway
Apply for Australian citizenship once you meet the residence requirement. The visa carries a 5-year travel facility, after which an RRV is required for re-entry as a PR.
A newly arrived resident waiting period applies for some Centrelink payments; otherwise the rights are identical to other PR visas.
Who Can Apply — Five Conditions That All Must Be Met
The 838 has a tighter eligibility test than most family visas. Five conditions must be satisfied at the same time:
1. Age pension age
You must be old enough to receive the Australian Age Pension at the time you apply. The qualifying age is 67 (effective from 1 July 2023). Earlier applicants may have qualified at 65 or 66 under transitional rules.
2. Single status
You must be single — that is, not married, not in a de facto relationship, not widowed (with surviving partner), and not separated. The single requirement is strict and is checked again at decision time.
3. Substantial dependency for 3+ years
For at least 3 years immediately before applying, you must have been wholly or substantially dependent on the Australian relative for your basic needs — food, shelter, and clothing. Evidence is documentary: bank records, transfers, accommodation arrangements, statutory declarations.
4. Eligible sponsor + Assurance of Support
Your sponsor must be a settled Australian citizen, PR, or eligible New Zealand citizen. An Assurance of Support is usually required: the assurer commits to repay any social-security payments made to you in the first 2 years and lodges a bond with Services Australia.
5. Onshore + health + character
You must be in Australia (but not in immigration clearance) at lodgement and at decision. You must meet Australia’s health requirements and character requirements, including police checks for every country you have lived in for 12+ months in the last 10 years.
A Long Queue — Plan Around the 22-Year Estimate
This is the single most important fact to understand before lodging a Subclass 838:
Capping & queueing — Home Affairs verbatim
Applications for this visa are subject to capping and queueing. Each program year, the Department of Home Affairs sets a maximum number of grants. Once that ceiling is reached, no further visas are granted in that year and remaining applications stay in the queue until a place becomes available in a future program year.
Queue release date — as at 31 March 2026
As at 31 March 2026, the Department of Home Affairs has released applications with a queue date up to 30 June 2013 for final processing.
Estimated processing for new applications
For new applications, the Department of Home Affairs publishes a current estimate of 22 years (as at June 2026) for both Remaining Relative and Aged Dependent Relative visas. This estimate may change with each program year.
In practical terms, applicants lodging today should plan on the basis that any visa grant is many years away. We will only recommend this visa where lodging it makes strategic sense for your circumstances — for example, securing a queue date, or stacking a long-horizon family pathway alongside a faster skilled or partner option.
Faster Family Routes Worth Considering
In most cases, the Subclass 838 is not the only family option. We routinely review the following alternatives alongside it:
Subclass 114 — Offshore Aged Dependent Relative
Same eligibility rules as 838 but lodged from overseas. Same cap and queue (22-year estimate). Right choice if the applicant cannot demonstrate continuous onshore status.
Subclass 143 — Contributory Parent (offshore)
For applicants who are parents of an Australian sponsor and can fund the higher second-instalment charge. Capped, but the queue is shorter — currently typically 14–18 years to grant.
Subclass 864 — Contributory Aged Parent (onshore)
Like 143 but for onshore lodgement, restricted to parents at age pension age. Provides a Bridging Visa during the wait. Same higher second-instalment charge as 143.
Subclass 835 — Remaining Relative
If you have no near relatives outside Australia, the 835 may also be available. Same cap/queue as 838; different evidentiary basis (no dependency requirement, but stricter “no other near relatives” test).
Subclass 116 / 836 — Carer visas
If your Australian relative has a long-term medical condition requiring substantial care, the Carer visa pathway may be more appropriate. Also capped, but on a separate queue.
Tourist visa (600) + parallel strategy
Where the 838 cap makes lodgement impractical, multiple long-stay 600 visas can keep the applicant onshore while a faster pathway is built in parallel. We assess this on a case-by-case basis.
The Lodgement Process — Five Steps
The 838 lodgement is procedurally straightforward; the slow part happens after lodgement. The five steps are:
Step 1 — Eligibility and strategy review
A MARN-registered agent reviews the age, single-status and dependency tests, identifies the sponsor and assurer, and confirms there is a strategic reason to lodge (queue date, parallel substantive visa, family planning).
Step 2 — Sponsor and Assurance of Support
The sponsor signs the sponsorship undertaking. The assurer provides income evidence and lodges the AoS bond with Services Australia. Both processes can take several months.
Step 3 — Dependency evidence
The 3-year dependency claim is documentary-heavy: bank statements, transfers, accommodation arrangements, utility records, statutory declarations from family and neighbours. This is the most case-specific part of the build.
Step 4 — Lodgement and Bridging Visa
Application is lodged in ImmiAccount while the applicant is onshore. A Bridging Visa A is typically granted, allowing lawful stay (subject to age-related limitations on work) during the queue.
Step 5 — Long-term management
Over the years that follow, we keep health, character, address and single-status declarations current, so that when the queue date is reached the application can be finalised quickly.
Common Questions About the Subclass 838 Visa
1. Is the Subclass 838 a humanitarian visa?
No. The Subclass 838 sits in the Family stream of the Migration Program, not the Humanitarian Programme. Humanitarian visas (subclasses 200–204 offshore and 866 onshore Protection) are assessed against refugee criteria; the 838 is assessed against age, single-status and dependency on an Australian relative.
2. What counts as “substantial dependency”?
You must show that for at least 3 years immediately before applying, the Australian relative was your main source of support for basic needs — food, shelter and clothing. The dependency does not need to be total, but it must be substantial and continuous, and you must evidence it documentarily.
3. I am married — can I still apply?
No. The 838 is restricted to single applicants. “Single” excludes marriage, de facto relationships, and (in most cases) a separated-but-not-divorced status. If you are partnered, partner visas or parent visas are usually the right path.
4. What is the age requirement?
You must be old enough to receive the Australian Age Pension. From 1 July 2023, this is 67 years. Applicants who lodged before that date may have qualified at an earlier age under transitional pension-age rules.
5. Why is the processing time so long?
The Department of Home Affairs sets a small annual planning level for the Other Family programme. Demand exceeds the planning level every year, so visas are placed in a queue in lodgement-date order and released in batches. The 22-year estimate reflects this structural cap.
6. What happens if I leave Australia after lodging?
The 838 requires the applicant to be in Australia at lodgement and at decision. Travel during the bridging period requires a Bridging Visa B and a substantial reason. Leaving without a BVB can cause the bridging visa to cease and may invalidate the application.
7. Can I work while waiting?
The Bridging Visa A granted after lodgement normally carries full work rights. In practice, many 838 applicants are at or beyond retirement age and do not seek work; if work is intended, this should be confirmed when the BVA is issued.
8. How much does the visa cost?
The visa application charge is set by the Department and changes annually. Use the Visa Pricing Estimator on immi.homeaffairs.gov.au for the current main-applicant and secondary-applicant fees. Additional costs include health checks, police certificates, professional translation, and the AoS bond.
9. When should I actually lodge?
Whenever lodging secures a strategic benefit. Common reasons: (a) you are already onshore on a temporary visa and need a long-horizon substantive option, (b) you want to lock in today’s queue date, (c) the lodgement supports a Bridging Visa pathway while a contributory parent visa (143 / 864) is built in parallel. We do not recommend lodging without a clear strategic reason.
10. Will Newstars represent me throughout the long wait?
Yes. Our retainer covers lodgement, ongoing file maintenance and RFI responses for the life of the application. If the queue is released and the application is finalised many years later, we are still your appointed migration agent.
Decide With Full Information — Talk to a Newstars Consultant
The Subclass 838 is a real visa with a real long-term value, but only when it fits the bigger plan. Book a 30-minute strategy call and we will review whether the 838 — or a faster parent / partner / carer pathway — is the right anchor for your family.
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