Do You Have to Be in Australia for Subclass 838 in 2026? Bridging Visa Rules
Answers whether you must be in Australia to apply for and be granted subclass 838, and how bridging visas work while you wait.
Yes. You must be in Australia, and not in immigration clearance, both when you lodge an Aged Dependent Relative visa (subclass 838) application and when the Department of Home Affairs decides it. That condition is set out on the Department's Aged Dependent Relative visa (Subclass 838) page, as at the October 2026 version of the page. The rest of this article takes you through the two moments the rule applies to, what travel looks like in between, and how a bridging visa keeps you lawful while you wait.
Do you have to be in Australia to lodge a subclass 838 application?
Yes. The onshore requirement applies at lodgement, and it applies to the people included in your application as well: any family members applying with you must also be in Australia, and not in immigration clearance, when you apply.
Subclass 838 is a paper application. You complete Form 47OF, your sponsor completes Form 40, and you send everything by post or courier to the Parent, Child and Other Family Processing Centre in Perth at the address on the form. You cannot submit it in person, and you cannot pay in person — the first instalment is paid through the online payment function in ImmiAccount before the application is submitted.
A valid passport is not required to lodge, but you must give details of your most recent passport, and the Department will only grant the visa if you hold a valid passport.
Do you have to be in Australia when the decision is made?
Yes, and this is the second half of the same rule. You must be in Australia, and not in immigration clearance, at the moment the Department decides your application, not just on the day you applied.
The decision arrives in writing, and the Department tells you to keep a copy. If the application is refused, the written notice sets out why it was refused and whether you have a right to seek review of the decision, and the application fee is not refunded.
Because of the onshore decision requirement, the Department asks you to tell it if you want to travel outside Australia while the application is processed.
Can you travel outside Australia while your application is processed?
Nothing on the official page stops you from leaving, but two conditions sit alongside that. You need to tell the Department you intend to travel, and you need a valid visa to come back — leaving does not give you any automatic right of re-entry.
Being back onshore for the decision is your responsibility. If you are still overseas when the Department is ready to decide, the condition on the official page is not met at that moment.
What does "not in immigration clearance" actually mean?
Immigration clearance is the border process travellers go through on arrival in Australia; you remain in clearance until an officer clears you to enter. Someone who has landed but not yet been cleared — in an airport or seaport arrival area, for example — is in immigration clearance.
The rule names this status for both lodgement and decision, so the requirement is about where you are and what your immigration status is at those two moments, not about how long you have lived in Australia or which visa you held before.
How does the bridging visa work while you wait?
A bridging visa is granted when you apply for subclass 838. It does nothing while your current visa is still valid; if your current visa expires before the Department decides your application, the bridging visa starts, and you can stay in Australia on it while the 838 is processed.
Once you have imported your paper application into ImmiAccount using your application ID, date of birth and identity document number, you can also manage parts of the process online, including applying for a bridging visa, attaching documents, updating your details and checking your application status.
Why cancelling your current visa is the wrong move
Do not cancel your current visa. The official page is direct about the consequences: you would be staying in Australia unlawfully, and you would not be eligible for a bridging visa. Keep the visa you hold and let the bridging visa take over when that visa ends.
This is general information about how the rules read on the official page, not advice about your own circumstances; for your situation, rely on the Department's current page and on advice from a qualified professional.
How long might the wait be?
Long, by the Department's own account. Demand for Other Family visas is greater than the number of places available each year, which is why processing times can be lengthy, and applications for this visa are subject to capping and queueing.
The Department's global visa processing times tool shows the processing times for recently decided applications. It is a guide only and not specific to your application, and the page lists three things that slow an application down: an incorrectly filled-in form, missing documents or information the Department has asked for, and information that takes longer than usual to verify.
That is the practical reason the bridging visa matters here. If you are relying on it, you are likely relying on it for a while.
What if your family or your details change while you wait?
You can add family members to your application at any time before a decision, using Form 1436 and evidence of the relationship and the family member's passport. Any family member you add after lodgement must be in Australia when you add them, and they must meet the health and character requirements.
You also need to tell the Department about changes after you apply — a new phone number, address or passport, the birth of a child, or a decision to withdraw the application. If you made a mistake on the form, the Department asks you to report it as soon as you can using Form 1023.
Frequently Asked Questions
Can I apply for subclass 838 from outside Australia?
No. You must be in Australia, and not in immigration clearance, when you apply. The same applies to family members included in your application at the time you lodge.
Can I travel overseas while my 838 application is being processed?
You can, but you must tell the Department you intend to travel, and you must hold a valid visa to return to Australia. Leaving does not give you an automatic right of re-entry.
What happens if I am outside Australia when the decision is made?
The official page requires you to be in Australia, and not in immigration clearance, when the Department decides your application. The page does not describe what follows if you are offshore at that moment, so treat being onshore at decision as a condition you need to plan around.
Do I automatically get a bridging visa with a subclass 838 application?
Yes. A bridging visa is granted when you apply, and it starts if your current visa expires before a decision is made. It lets you stay in Australia lawfully while the 838 application is processed.
Should I cancel my current visa while I wait for the decision?
No. Cancelling it means you would be staying in Australia unlawfully and would not be eligible for a bridging visa. Keep your current visa and let the bridging visa start when it expires.
Can I add a family member who is overseas to my application later?
No. Family members added after lodgement must be in Australia at the time they are added, using Form 1436. They must also meet the health and character requirements.
How long can I travel after the 838 visa is granted?
The grant comes with travel to and from Australia for five years from the date the visa is granted. After that travel validity ends, you would need a Resident Return visa (subclasses 155 and 157) to re-enter Australia as a permanent resident, unless you have become an Australian citizen.