Who Can You Include in a Subclass 838 Application in 2026?

Subclass 838 family members are limited to dependent children and stepchildren — here is who qualifies, and the three tests for adult children.

Published: 19 October 2026

For the Aged Dependent Relative visa (Subclass 838), the Department of Home Affairs recognises only two kinds of relatives as members of your family unit: your dependent child and your stepchild. Grandchildren, siblings, parents and partners sit outside that definition, and the visa's own eligibility rules separately require the main applicant to have no partner. This reflects the Department of Home Affairs "Aged Dependent Relative visa (Subclass 838)" official page as at October 2026, and it is general information about how the rules are published rather than advice on an individual case; your family's circumstances need to be checked against the current official requirements.

Who counts as a family member on a Subclass 838 application?

The visa page is unusually direct on this point: "For this visa, your family members are your dependent child and stepchild." That is the whole list. A relative who does not fall into one of those two categories cannot be included in your application as a family member, no matter how close the relationship or how long you have lived together.

Three conditions then apply to anyone who does fit:

They must be in Australia, and not in immigration clearance, when you apply.
They must meet the health requirement and the character requirement.
You must still list every family member in the application form, including those who are not migrating. Non-migrating family members might also be asked to meet the health and character requirements.

The requirement to list everyone applies whether or not the person is coming to Australia, so the form is not a shortcut around declaring relatives who will stay behind.

Can you include an adult child?

Yes, but an adult child has to clear one of three tests to be treated as a dependent child. The tests are set out by age band, and dependency means being dependent on you or your partner.

Age of the child	What has to be true
Under 18	Treated as a dependent child.
18 or over but not yet turned 23	Must be dependent on you or your partner.
23 or over	Must be unable to earn a living to support themselves due to physical or cognitive limitations, and dependent on you or your partner.

The Department summarises the practical effect the same way on its page: usually your child or stepchild must be under 23 to be included. The over-23 pathway exists, but it turns on the limitation rather than on study, unemployment or a gap year.

What proof shows a child aged 18 or over is dependent?

For each dependant aged 18 or older who applies with you, the Department asks for identity documents, documents about their other relationships if applicable, character documents, and proof of dependency.

Proof of dependency has two parts. The first is a completed Form 47a Details of a child or other dependent family member aged 18 years or over, together with proof of your relationship, such as a birth certificate or adoption papers. The second is financial: you must show the person has been financially dependent on you for at least 12 months before you apply. Documents that can support this include:

proof they live with you
their tax records
proof they are currently studying

Where the child is over 23, the page also asks for information about the physical or cognitive limitation. Study on its own does not carry that third test.

What documents does each included family member need?

For every dependent under 18 applying with you, provide identity documents, proof of your relationship with them (such as a birth or marriage certificate), and character documents if applicable.

For a dependant aged 18 or older, provide the four groups listed above: identity documents, documents about other relationships if applicable, character documents, and proof of dependency.

If the person is under 18, parental responsibility also has to be settled. You must get consent to migrate to Australia from anyone who has a legal right to decide where the child lives and who is not in Australia with the child. That person completes either Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years or a statutory declaration giving consent. Instead of either, you can show an Australian court order allowing the child to migrate, or that the laws of your home country allow it.

You also include an identity document showing the signature and photo of whoever completed the form or declaration, such as a passport or driver's licence, plus adoption papers or other court documents if applicable. If the child will not be staying with a relative or legal guardian, Form 1257 Undertaking declaration is required, signed by the person they are staying with.

Can you add family members after you lodge?

Yes. The Department states you can include members of the family unit when you apply and also add them at any time before a decision is made. To do that, complete and send Form 1436 Adding an additional applicant after lodgement, with evidence of your relationship and the family member's passport. If you have imported your paper application into ImmiAccount, you can upload the completed form and any extra documents there.

The location rule applies again at the point of adding: any family member you add after you apply must be in Australia when you add them. They must also show they meet the health and character requirements.

This matters more on this visa than on most, because demand for Other Family visas exceeds the places available each year and the applications are subject to capping and queueing, so the wait between lodging and decision can be long.

What does including family members cost and cover?

There is an extra charge for each family member who applies with you. The visa is paid in two instalments, the first when you apply and the second when the Department asks for it, and the Department will not grant the visa if the second instalment is unpaid. The application fee is not refunded if the application is refused.

From 1 July 2026, a lower visa application cost applies to eligible Pacific Island and Timor-Leste citizens who lodge a valid application. Family members are eligible for the lower cost as well, and eligibility is based on the passport of the primary applicant who satisfies the primary visa criteria, using a valid passport from one of the listed countries.

The assurance of support also extends to them. It is an assurance that you and any family members coming to Australia on this visa will not have to rely on government assistance.

Frequently Asked Questions

Can I include my grandchild in a Subclass 838 application?

No. For this visa, family members are your dependent child and stepchild only, so a grandchild is not part of the family unit that can be included. A grandchild would need to qualify under a different visa in their own right.

Can my partner be included as a family member?

No. The Subclass 838 eligibility criteria require you to have no partner, and the family member definition covers dependent children and stepchildren only.

Can I include a child who has already turned 23?

Only if they are unable to earn a living to support themselves because of a physical or cognitive limitation, and they are dependent on you or your partner. You need to provide information about the limitation as part of the dependency evidence.

Do family members have to be in Australia?

Anyone applying with you must be in Australia, and not in immigration clearance, when you apply. Family members added later must be in Australia at the time you add them. You must also be in Australia, and not in immigration clearance, when the decision is made.

Do family members who are not migrating still need checks?

They might. You must include details of all family members in the application form whether they are migrating or not, and the Department says non-migrating family members might also have to meet the health and character requirements.

How long does a dependant aged 18 or over need to have been dependent on me?

At least 12 months before you apply. You can support this with proof they live with you, their tax records, or proof they are currently studying, along with a completed Form 47a.