How Old Do You Need to Be for Subclass 838 in 2026? The Age Pension Test

According to the Department of Home Affairs’ Aged Dependent Relative visa (Subclass 838) page (as at October 2026), you do not need to memorise a fixed age number for Subclass 838. The visa requires you to be old enough to receive the Age Pension in Australia; the page does not publish a set number and instead directs readers to the Department of Social Services Age Pension page. Because the Age Pension qualifying age is set under social security law and has moved over time, the Subclass 838 age threshold moves with it, so the 2026 requirement is whatever the current Age Pension age is on that page. This article is general information only and is not personalised migration or legal advice; for your own situation, rely on the latest official information and, if needed, seek professional advice.

The Migration Regulations 1994, on the Federal Register of Legislation page, require you to be an aged dependent relative at the time of application (clause 838.212) and to continue to meet that requirement at the time of decision (clause 838.221).

What does “old enough to receive the Age Pension” mean?

The Home Affairs page sets the age test by reference to the Age Pension, not by a visa-specific number. It says you must be old enough to receive the Age Pension in Australia and links to the Department of Social Services Age Pension page for that age. PAM3 describes the age as usually 67, in line with the Age Pension starting age under social security law. The age test therefore follows the Age Pension qualifying age rather than a figure fixed in the visa criteria.

Because the Home Affairs page gives no number and points to the Department of Social Services Age Pension page, that page is the authority for the current age. Where PAM3 mentions 67, treat it as an indicator tied to the Age Pension qualifying age, not as a separate visa rule; confirm the current age on the Department of Social Services Age Pension page.

When do you have to meet the Subclass 838 age requirement?

You must meet the aged dependent relative requirement at the time you apply and keep meeting it at the time of decision. Clause 838.212 of the Migration Regulations 1994 applies at application, and clause 838.221 requires the requirement to continue at decision. For example, if an applicant is not yet old enough for the Age Pension when the application is lodged, they do not satisfy clause 838.212; if they stop meeting it before the decision, they do not satisfy clause 838.221.

The continuing nature of the test means a change in the Age Pension age or in the applicant’s age position between lodgement and decision can affect the outcome. Both points are assessed under the regulations, not only the date the application is submitted.

Is the age test the same as the 3-year dependency rule?

No. The Home Affairs page lists “Be this age” and “Be dependent” as separate criteria. Dependency requires you to have been dependent on your relative in Australia for basic needs like food, shelter and clothing for at least the last 3 years before you apply; you could be dependent due to disability that prevents you from working. The age test requires you to be old enough to receive the Age Pension, which is a separate condition.

Satisfying the 3-year dependency rule does not satisfy the age test, and meeting the Age Pension age does not remove the need to show 3 years of dependency for basic needs. Both criteria must be met, along with the other points on the page.

Why isn’t there a fixed age number for 2026?

The visa borrows the Age Pension age from social security law instead of setting its own number, and that borrowed age has been changed over time. The Home Affairs page therefore uses a test — “old enough to receive the age pension” — rather than a figure for 2026. PAM3 describes the age as 67, in line with the Age Pension starting age under social security law.

For 2026, there is no visa-specific number to memorise because the requirement is defined by the external Age Pension age. Check the Department of Social Services Age Pension page for the current age; the Home Affairs page itself does not publish the number.

What else does the Subclass 838 eligibility page require?

Alongside the age test, the Home Affairs page requires you to have a sponsor who is an eligible relative or a relative’s partner, and the sponsorship must be approved. You must have no partner, and your current visa must not have a no further stay condition. You must be able to obtain an assurance of support, which assures the government you will not have to rely on government assistance after you enter Australia on this visa.

You and any family members who apply with you must meet the health and character requirements. If you or any family members owe the Australian Government money, you or they must have paid it back or have an approved arrangement in place to pay it back. The page also considers immigration history, and it will not grant the visa if it is not in the best interests of an applicant under 18.

Frequently Asked Questions

How old do I need to be for Subclass 838 in 2026?

The Subclass 838 page does not require a fixed age; you must be old enough to receive the Age Pension in Australia. As at October 2026, the Department of Home Affairs page uses that test and links to the Department of Social Services Age Pension page. PAM3 puts the age at usually 67, but the official visa page gives no number, so check the Department of Social Services Age Pension page for the current age.

Is 67 the official age for Subclass 838?

No official visa page states 67 as a visa rule. The 67 figure appears in PAM3, tied to the Age Pension qualifying age under social security law. The Home Affairs page uses the Age Pension test without a number, so the Department of Social Services Age Pension page is the authority for the binding age.

Do I need to meet the age at application, at decision, or both?

Under the Migration Regulations 1994, the aged dependent relative requirement applies at the time of application under clause 838.212 and continues at the time of decision under clause 838.221. Meeting the Age Pension age at one point does not cover the other, so you must satisfy the test at both stages.

Does the 3-year dependency rule replace the age test?

No. The Home Affairs page lists the age test and dependency as separate criteria. Dependency requires you to have relied on your relative in Australia for basic needs for at least the last 3 years before you apply, while the age test requires you to be old enough for the Age Pension. Both must be met for Subclass 838.

What if I reach the Age Pension age after I apply?

Clause 838.221 requires you to continue to meet the aged dependent relative requirement at the time of decision. If you are not yet old enough for the Age Pension when you apply, you do not meet the test at application under clause 838.212. The requirement is assessed at both points, not only at lodgement.

Where can I check the current Age Pension age?

The Home Affairs Subclass 838 page directs readers to the Department of Social Services Age Pension page for the Age Pension age. Use that page as the authority; the visa page itself does not publish the number.

References

Department of Home Affairs — Aged Dependent Relative visa (Subclass 838)

Department of Social Services — Age Pension

Federal Register of Legislation — Migration Regulations 1994