Who Can Sponsor an Aged Dependent Relative Visa (838) Application in 2026?
Explains who can sponsor a Subclass 838 application in 2026 and which Form 40, relationship, status and dependency evidence to prepare.
An adult child can sponsor a Subclass 838 application only if the child is the applicant’s relative, is at least 18 years old, is a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen, usually resides in Australia, and has the sponsorship approved by Home Affairs. As at August 2026, these requirements are stated on the Australian Government Department of Home Affairs’ Aged Dependent Relative visa (Subclass 838) page. The applicant’s relative’s partner may also sponsor.
These are the sponsor tests, not the complete visa criteria. The parent must independently satisfy the age, dependency, relationship, health, character and other eligibility requirements.
Does an adult child meet the sponsor test?
An adult son or daughter can be the proposed sponsor, but the parent–child relationship alone is not enough. Every sponsor requirement must be met.
| Sponsor check | Home Affairs requirement | Documents expressly identified |
|---|---|---|
| Connection to the applicant | The sponsor must be the applicant’s relative or the relative’s partner | Birth, marriage, death or adoption certificates; an official family status certificate or family book may also be relevant |
| Age | The sponsor must be at least 18 years old | The page does not name a separate age document |
| Immigration status | A settled Australian citizen, Australian permanent resident or eligible New Zealand citizen | Citizenship certificate, passport and, for an eligible New Zealand citizen, a valid visa |
| Residence | The sponsor must usually reside in Australia | No closed document list or universal residence period is stated on the page |
| Sponsorship | Home Affairs must approve the sponsorship | The sponsor must complete Form 40 |
A child holding only a temporary Australian visa has not thereby met the listed status requirement. Likewise, Australian citizenship or permanent residence does not remove the separate requirement that the sponsor usually reside in Australia.
What do “settled” and “usually resident” require the child to prove?
These are two separate elements of the sponsorship test. The proposed sponsor must fall within a listed citizenship, permanent-residence or eligible New Zealand citizen category and must also usually reside in Australia.
The Department of Home Affairs page does not state a universal number of years that automatically satisfies either requirement. Nor does it identify a single mandatory document as conclusive proof of usual residence. Time spent in Australia should therefore not be treated as a substitute for assessing the sponsor’s actual status and living arrangements.
A passport may support identity and immigration-status evidence, while Form 40 addresses the sponsorship itself. Neither removes the need to establish the other eligibility requirements. This guide provides general information, not personalised legal advice; a case with an uncertain status or residence history requires a case-specific assessment against the current rules by an appropriately authorised professional.
Which documents should accompany Form 40?
The sponsor must complete Form 40 — Sponsorship for migration to Australia. The applicant must complete Form 47OF — Application for migration to Australia by other family members. Form 40 is only one part of the sponsorship evidence.
Relationship evidence
To establish the connection with the sponsor, Home Affairs lists:
- a birth certificate;
- marriage certificates;
- death certificates;
- adoption certificates; and
- a family status certificate or officially issued and maintained family book, where applicable.
For a direct parent–child sponsorship, a birth certificate is among the relationship documents expressly identified by the Department.
Evidence of the sponsor’s status
The Department lists a citizenship certificate and passport as status evidence, with a valid visa specifically identified for an eligible New Zealand citizen. The documents should match the proposed sponsor’s actual immigration status.
Evidence that the parent is dependent
The applicant must provide evidence of dependence on the relative for basic needs such as food, shelter and clothing, and of how long that support has been provided. Home Affairs gives the following examples:
- bank statements;
- money transfers; and
- rent receipts.
These are examples rather than an exhaustive list. The evidence should demonstrate the claimed support across the required period and connect it to the parent’s basic needs.
How should the parent’s three years of dependency be shown?
The parent must have depended on the relative in Australia for at least the three years immediately before applying. The claimed dependence may exist because a disability prevents the applicant from working.
A useful evidence file presents the support chronologically. It should show what assistance was provided, when it was provided, who provided it and how it assisted with food, shelter or clothing. An isolated transfer may not, by itself, demonstrate dependence throughout the full three-year period.
Bank statements should be accompanied by available transfer details, receipts or other records that explain the relevant payments. Home Affairs states that the examples it publishes are not necessarily the only acceptable evidence, but the documents must substantiate the dependency claimed in the application.
Does a willing and eligible child make the parent’s application eligible?
No. The proposed sponsor must meet the sponsorship requirements, while the parent must separately meet every applicant criterion. As at August 2026, the principal requirements include:
- being old enough to receive the age pension in Australia;
- having no partner;
- having depended on the relative in Australia for at least the previous three years;
- obtaining an assurance of support when requested;
- meeting the health requirement;
- meeting the character requirement; and
- not holding a current visa with a “no further stay” condition.
The parent’s financial dependence and the assurance of support are separate matters. Being financially supported by the proposed sponsor does not automatically satisfy the assurance-of-support requirement.
Home Affairs also considers government debts and relevant immigration history, including previous visa refusals or cancellations. A valid Form 40 cannot override these applicant requirements.
How should the paper application be assembled?
As at August 2026, Subclass 838 applications must be lodged on paper. The parent completes Form 47OF, the sponsor completes Form 40, and both forms must be in English.
The application should include the required identity, character, relationship, sponsorship, status and dependency documents. Police certificates should not be arranged until Home Affairs asks for them.
Do not send original documents with the paper application. Home Affairs instructs applicants to provide certified copies and retain their own copies of the completed application and supporting documents. An incomplete application may be invalid and may not be processed.
The applicant must be in Australia, but not in immigration clearance, when applying and when the visa decision is made.
Can the parent include a current visa while the application is processed?
The parent must hold a valid visa while the application is pending. Home Affairs states that a bridging visa may start if the current visa expires before a decision is made, provided the applicant remains eligible for it.
The current visa must not contain a “no further stay” condition. Travelling outside Australia while the application is pending also requires careful attention because the applicant must remain in Australia when the decision is made and must have a valid basis to return if they leave.
Frequently Asked Questions
Can my adult child sponsor me for Subclass 838?
Yes, if your child is your relative, is at least 18, has one of the listed immigration statuses and usually resides in Australia. Home Affairs must approve the sponsorship, and you must independently meet all applicant requirements.
Does my child have to be an Australian citizen?
No. An Australian permanent resident or an eligible New Zealand citizen may also qualify. The proposed sponsor must satisfy the status, age, usual-residence and sponsorship-approval requirements, whichever status applies.
Can my adult child’s partner sponsor me?
Yes. Home Affairs allows the applicant’s relative or the relative’s partner to sponsor. Your child’s partner must independently meet the same age, status and usual-residence requirements and complete Form 40.
What proves that my child is usually resident in Australia?
The Department of Home Affairs requires usual residence but does not prescribe a closed checklist or a universal residence period on the Subclass 838 page. A passport establishes identity and may support status evidence, but it does not by itself establish where the sponsor usually lives.
Is Form 40 enough to approve the sponsorship?
No. Form 40 is the required sponsorship form, but Home Affairs must approve the sponsorship. Relationship, immigration-status and other eligibility requirements must also be satisfied.
What evidence shows that I have depended on my relative for three years?
Home Affairs gives bank statements, money transfers and rent receipts as examples. The evidence should substantiate support for basic needs throughout at least the three years before the application, rather than relying on one isolated transaction.
Do I have to have no partner to have a sponsor?
The parent applicant must have no partner to be eligible for Subclass 838. This applicant requirement does not prevent the applicant’s relative from having a partner who is the proposed sponsor.
Does an eligible sponsor guarantee that I will receive the visa?
No. The sponsor must first be accepted and the parent must satisfy all other eligibility requirements, including the assurance of support, health and character requirements. A decision on the sponsorship does not predetermine the visa outcome.