Requirements to be eligible for Aged Dependent Relative visa (Subclass 114)

The requirements are divided into those for the applicant (the aged dependent relative) and those for the sponsor.

Requirements for the Applicant (Aged Dependent Relative):

1. Location: You must be outside Australia when you lodge your application and when a decision is made on your application.

2. Age: You must be old enough to be granted an age pension under the Social Security Act 1991 in Australia. The pension age can vary, so you need to check the current age requirement at the time you intend to apply.
(*Note: As of July 1, 2023, the Age Pension age in Australia is 67 years for anyone born on or after January 1, 1957. for eg: You must be at least 67 years old if you born on or after 1 January 1957) (*Note: Age Pension can be subject to legislative changes over long periods)

3. Dependency:
You must be able to demonstrate that you have been financially dependent on your sponsoring relative in Australia for your basic needs (such as food, shelter, and clothing) for a reasonable period, usually at least the 3 years immediately before you lodge your visa application.
This dependency means you rely on your relative for the majority of your financial support because you are unable to meet these needs yourself. This could be due to age or, if applicable, a disability that prevents you from working.
You must show that you cannot obtain this support from any other person (like other relatives) or from your own financial resources or government benefits in your home country.

4. Relationship Status: You must not have a spouse or de facto partner. This means you must be single, widowed, divorced, or formally separated.
Sponsorship: You must be sponsored by an eligible relative (or their partner who lives with them) in Australia. The sponsorship must be approved by the Department of Home Affairs.

5. Assurance of Support (AoS): An AoS must be provided. This is a legal commitment from someone (usually your sponsor or another Australian resident/organisation) to give you financial support so you do not have to rely on social security payments from the Australian government for a certain period after you arrive. The Department of Home Affairs will let you know when this is required.

6. Health Requirements: You must meet Australia’s health requirements. This means you need to undergo medical examinations by a panel physician approved by the Australian government.

7. Character Requirements: You must meet Australia’s character requirements. This generally means providing police certificates from every country you have lived in for 12 months or more during the last 10 years since you turned 16.

8. Debts to the Australian Government: If you or any family members included in your application owe the Australian Government money, you must have paid it back or have an approved arrangement in place to pay it back.

9. Australian Values Statement: If you are 18 years of age or older, you must sign an Australian Values Statement, confirming you will respect the Australian way of life and obey Australian laws.

10. No Previous Visa Cancellation or Refusal: If you have had a visa cancelled or an application refused while in Australia, this might affect your eligibility.

Requirements for the Sponsor:

1. Relationship to Applicant: You (the sponsor) must be a relative of the visa applicant. Eligible relatives include a parent, child, sibling, grandparent, grandchild, aunt, uncle, niece, or nephew (including step-equivalents or adopted equivalents). Your partner can also sponsor if they live with you and are an eligible Australian citizen, permanent resident, or eligible New Zealand citizen.

2. Status in Australia: You must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.

3. Settled in Australia: You must be “settled” in Australia. This usually means you have been lawfully living in Australia for a reasonable period, typically at least 2 years. The Department will assess this based on your circumstances.

4. Age: You must be 18 years of age or older.

5. Provide Sponsorship: You must formally agree to sponsor the applicant and any accompanying family members. This includes undertaking responsibilities to assist them with accommodation and financial support upon their arrival in Australia.

6. Financial Capacity: You must be able to demonstrate that you have been providing, and can continue to provide, the necessary financial support to the applicant.

7. Arrange Assurance of Support (AoS): You will likely be the one to arrange the AoS, even if another person provides it. Bascially, an assurance of support is a legal commitment to repay the Australian Government any welfare payments made to a visa holder or family who come to Australia (the applicant) with them. The Department will let you know when this is required.

8. Character: You may also need to meet certain character requirements and provide police checks if requested. Ultimately, whether you need to provide is dependent on the Department of Home Affairs.

Checklist for Aged Dependent Relative visa (Subclass 114)

(This is a general guide. The specific documents required will vary based on your individual circumstances. Always refer to the document checklist provided by the Department of Home Affairs or our migration agent here when you apply.)

A. Applicant’s Identity and Civil Documents:

• Passport bio-data page (certified copy).
• Recent passport-sized photographs (meeting specific requirements).
• Original or certified copy of your full birth certificate showing both parents’ names.
• National ID card (if applicable).
• Evidence of name change (if applicable, e.g., marriage certificate if widowed, deed poll).
• Evidence of being single (e.g., death certificate of spouse, divorce certificate, statutory declaration of single status).

B. Applicant’s Dependency Documents:

• Detailed written statement explaining your financial dependency on your sponsor, how long this has been the case, and why you are unable to support yourself.
• Evidence of financial support received from your sponsor for at least the last 3 years (e.g., bank statements showing regular money transfers from the sponsor, sponsor’s bank statements, receipts for expenses paid by the sponsor like rent, medical bills).
• Your bank statements for the relevant period.
• Evidence of your income, assets, and financial situation in your home country.
• If dependency is due to disability, medical reports detailing the disability and its impact on your ability to work.
• Evidence that you cannot reasonably obtain support from other relatives or sources in your home country.

C. Sponsor’s Documents:

• Evidence of their Australian citizenship, permanent residency, or eligible New Zealand citizen status (e.g., Australian birth certificate, citizenship certificate, passport, visa grant notice).
• Evidence they are “settled” in Australia (e.g., documents showing residence in Australia for at least 2 years, such as utility bills, rental agreements, employment records).
• Evidence of their current financial capacity (e.g., employment contract, payslips, tax assessment notices, bank statements).
• Completed sponsorship form (e.g., Form 40 Sponsorship for migration to Australia).
• Passport-sized photograph.

D. Relationship Documents (Applicant and Sponsor):

• Certified copies of birth certificates, family books, or other official documents clearly showing the relationship between the applicant and the sponsor (e.g., if the sponsor is your child, their birth certificate showing you as a parent; if your nephew, your birth certificate, your sibling’s birth certificate, and your nephew’s birth certificate).
• Marriage certificates (if relevant to tracing the family relationship, e.g., for step-relatives).

E. Health Documents (Applicant):

• Results of health examinations conducted by a panel physician approved by the Department. (Do not arrange these until instructed by the Department).

F. Character Documents (Applicant and potentially Sponsor):

• Police certificates from every country the applicant (and any migrating dependents 16 years or older) has lived in for a total of 12 months or more in the last 10 years since turning 16.
• If applicable, military service records or discharge papers for the applicant.
• The sponsor may also need to provide police certificates in some circumstances.

G. Assurance of Support (AoS) Documents:

• These will be requested by the Department at a later stage if the visa application meets other criteria. Documents will relate to the sponsor’s financial capacity to provide support.

H. Documents for Accompanying Dependents (e.g., a dependent child of the Aged Dependent Relative):

Note: Generally, the main applicant for this visa must be single. However, they may have dependent children under limited circumstances. You might need to check eligibility carefully. You can contact our immigration agents if you have any doubt here.

• Identity documents for any dependent child as listed in Section A.
• Evidence of their relationship to you (e.g., birth certificate).
• Evidence of their dependency on you.
• If the child is under 18, consent forms (e.g., Form 1229) from any non-migrating parent or person with legal custody.
• Health and character documents for the dependent child as required.

I. Other Forms:

• Completed visa application form (e.g., Form 47OF Application for migration to Australia by Other Family).
• Form 956A Appointment or withdrawal of an authorised recipient (if someone is assisting you with correspondence).
• Form 956 Appointment of a registered migration agent, legal practitioner or exempt person (if you are using a migration agent).
• Signed Australian Values Statement (for applicants 18 years or older).