Aged Dependent Relative Visa (Subclass 114 & 838) Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Services for Aged Dependent Relative Visas (Subclass 114 & 838)

Eligibility Assessment & Legal Consultation

We assess your eligibility for Subclass 114 or 838, confirming age, dependency, and sponsor requirements.

Application Preparation & Documentation

Our lawyers guide you in gathering all required documents & meticulously prepare your paper-based visa application for submission.

Ongoing Support & Post-Grant Guidance

We provide support throughout processing and after visa approval, ensuring compliance and assisting with your permanent settlement.

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We encourage a free 15-minute call to discuss your situation & map out a path to securing your Subclass 114 & 838 Aged Dependent Relative Visa.

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Understanding the Aged Dependent Relative Visa (Subclass 114 & 838)

The Aged Dependent Relative visa (Subclass 114 offshore and 838 onshore) offers a permanent pathway for single, elderly individuals to move to Australia. Key criteria include meeting Australia’s pension age and demonstrating financial dependency on an Australian relative for at least three years.

Applicants must also have no partner, secure an assurance of support, and satisfy Australia’s health and character requirements. Navigating these specific conditions and meticulously documenting financial dependency can be complex, and any errors could lead to delays.

Application & Timelines for Aged Dependent Relative Visas

Applications for the Aged Dependent Relative visa (Subclass 114 & 838) must be submitted on paper, with all necessary documentation sent by post, as the process cannot be completed online. While this permanent visa offers benefits like indefinite stay, work, study, and Medicare, it also carries a government fee of $4,990 (paid in two instalments).

Demand for these visas significantly exceeds available places, resulting in current processing times of 24 years or more. Ensuring your application is meticulously prepared and free of errors is paramount to minimise additional delays in such a lengthy queue.

Why Choose Moya Migration Law for Your Aged Dependent Relative Visa?

Applying for an Aged Dependent Relative visa involves unique requirements and extremely lengthy processing times. Moya Migration Law provides expert legal guidance, meticulous application preparation, and transparent communication to ensure the best possible outcome for your elderly relative.

In-Depth Knowledge of Family Migration Law

Our experienced lawyers possess a profound understanding of family migration law, including the specific criteria for Aged Dependent Relative visas.

Meticulous Application Preparation

We meticulously prepare your paper-based application, reducing the risk of errors and minimising potential delays in the extremely long processing queue.

Clear & Direct Lawyer Communication

You’ll have direct access to your lawyer, receiving regular updates & clear explanations throughout the Aged Dependent Relative visa process.

Transparent & Fixed Fees

We offer transparent fixed fees for our services giving you financial certainty for this long-term visa journey.

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15-Min Consultation

Our 5-Step Aged Dependent Relative Visa Process

Applying for an Aged Dependent Relative visa requires meticulous preparation due to complex requirements and lengthy processing. Moya Migration Law guides you through every step, ensuring accuracy to secure your elderly relative’s permanent future in Australia.

1

Initial Consultation & Eligibility Assessment

We review your situation, assess the applicant’s age and dependency, confirm sponsor eligibility, and outline the pathway for Subclass 114 or 838.

2

Comprehensive Application Preparation

Our team assists in gathering all identity, relationship, dependency, health, and character documents, ensuring accuracy for your paper-based application.

3

Meticulous Submission & Department Liaison

We manage the careful submission of your complete paper application by post and handle all communications with the Department on your behalf.

4

Ongoing Case Management & Support

Given the exceptionally long queues, we provide continuous monitoring of your application status and support for any Departmental requests.

5

Guidance to Permanent Residency & Settlement

Upon approval, we guide you through the final steps to permanent residency, ensuring compliance and assisting with your elderly relative’s settlement in Australia.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Aged Dependent Relative Visa Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally manages each client’s case. With over two decades in Australian migration law since 2002, Daniel offers expert guidance for these compassionate family visas, including the Aged Dependent Relative visa.

Daniel is committed to providing clear, plain-English advice and personalised strategies. He understands the unique requirements of age and dependency, and the exceptionally long processing times, focusing on achieving the best possible outcome for elderly relatives seeking permanent residency. Daniel also offers legal assistance in Spanish.

Frequently Asked Questions about the Aged Dependent Relative Visa (Subclass 114 & 838)

What is an Aged Dependent Relative visa (Subclass 114 & 838)?

It’s a permanent visa for a single elderly individual who is financially dependent on a close Australian relative (citizen, permanent resident, or eligible NZ citizen) to move to Australia permanently.

What's the difference between Subclass 114 and 838 visas?

Both allow elderly relatives permanent residency based on dependency. Subclass 114 is for offshore applicants, while Subclass 838 requires the applicant to be in Australia when applying and at visa grant.

What is the age requirement for this visa?

Applicants must be old enough to receive the Australian age pension, which is currently equivalent to being at least 65 to 67 years old at the time of application.

How long do Aged Dependent Relative visas take to process?

Processing times are extremely lengthy, currently 24 years or more, due to high demand and limited visa places. Incomplete or inaccurate information can cause further delays.

Who can be my sponsoring relative?

An eligible sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen who is your partner, parent, child, sibling, grandparent, uncle/aunt, or niece/nephew.

Can I include other family members in my application?

Yes, members of your family unit, such as dependent children or stepchildren, can be included in your application, provided they meet health and character requirements.

What are the sponsor's main obligations?

The sponsor must agree to provide financial support, accommodation, and general support for the applicant and any accompanying family members for the first two years in Australia. An Assurance of Support is also required.

What does "dependent" mean for this visa?

You must have relied on your sponsoring relative for basic needs (food, shelter, clothing) for at least the last three years before applying, or be dependent due to a disability preventing work.

What are the benefits of this permanent visa?

You can stay in Australia indefinitely as a permanent resident, work and study, enrol in Medicare, sponsor other eligible relatives, and apply for Australian citizenship if eligible.

Our Services

Administrative Review Tribunal (ART) AppealsART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in AdelaideNotary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review)Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.