Evidence Required for Subclass 838

As age-dependent Visas like Subclass 838 and Subclass 114 are meant for sponsoring very close relatives, solid evidence will be required from both sponsor and applicant to prove the relationship. Some of the documents that can be used for the purpose include:

• Marriage certificate
• Birth certificate
• Adoption certificate
• Death certificate (if the applicant is widowed)
• Family Status certificates

The above-given documents will automatically prove the nature of the relation between the applicant and the sponsor. However, if the applicant is the sponsor’s uncle or aunt, the applicant and the sponsor both will be required to show their birth certificates that confirm the relationship between the sponsor’s parents and the applicant. 

Alternative Documents 

If the aforementioned documents are lost due to some unfortunate event and cannot be recovered at the moment, the following documents can be used as alternative proof: 

• Medical records
• Taxation records
• Health records
• Will/testament/bonds
• Social security records
• Departmental records
• Other documents

As the above-mentioned documents don’t concisely explain the relationship status, the applicant might need at least 2 or 3 of them to prove a valid family link. Moreover, each document should be congruent to the other one. 

Additional Proofs required

Apart from providing evidence for MoFU, there are additional proofs that the applicant must provide to keep his/her eligibility status intact. The applicant must prove that:

He/she is not in a marital or de facto relationship

As the Subclass 838 Onshore visa requires the applicant to be completely dependant on the sponsor, he/she must be single. The following documents can be used as evidence subject to different circumstances:

• Death certificate of the spouse
• Divorce certificate
• Separation documents
• Family status certificates

If these documents aren’t available due to some reason, the following can be used as an alternative:

• Departmental records
• Taxation records
• Social security records

He/she is fully dependant

This is one of the most crucial factors that play a pivotal role in visa issuance. Here, the applicant must provide solid evidence that he/she has been dependant on the sponsor for a reasonable amount of time, and will continue to do so due to a certain inability or other reasons. 

The judgment will be based on the following factors:

• Provision of reasons for financial dependency, e.g inability
• Previous support duration
• The extent of support required
• Documented evidence of previous transactions from sponsor to the applicant

Extent of dependability

Just like the Subclass 114 offshore visa, the Subclass 848 onshore also requires the applicant to have been dependent on the sponsor for a reasonable time and must back it up with solid evidence that supports the claim. There are three major sub-parts of dependency that play a major role in the acceptance or rejection of a visa. 

Those include:

Reliance extent

Reliance extent means the “level of dependability” of the applicant on the sponsor. For someone to fully pass the dependability criteria, he/she must:

• Not be able to afford the basic living cost
• Prove that the income provided isn’t sufficient to fulfill basic financial needs
• Have a majority of income (at least 60%) coming from the sponsor

Dependency Period

The applicant must show that he\she has been dependant on the sponsor for at least 3 years prior to application lodgement. However, this condition can be softened subject to certain conditions. For example, if the applicant’s spouse has been receiving money from the sponsor and now he or she’s passed away, the applicant can provide previous transaction history along with the death certificate of the deceased partner.

Continued Dependence

The applicant must be dependent on the sponsor at the time of application lodgement and at the time of visa issuance. The concerned department can ask for evidence in certain cases. So it’s better to keep them ready. 

When is a sponsor considered settled?

The sponsor is considered a settled Australian citizen if he/she:

• Have had a reasonable period of residence in the country.
• Has been at least for 2 years in Australia with less than 4 months abroad. 
• Has evidence of settlement (if spent more than 4 months outside Australia)

Evidence required from the sponsor.

The following pieces of evidence can be asked for if the sponsor has remained absent for more than 4-months within 2-years duration prior to lodgement of application:

1.  If the sponsor is in Australia at the time of application

• Evidence of sponsor or sponsor’s partner’s employment.
• Documented evidence of house ownership or lease agreement.
• Evidence of sponsor’s children attending school.
• Bank statement.
• Evidence of the reason for prolonged absence from the country.
• Evidence of sponsor’s children being Australian citizens.

2. If the sponsor is outside Australia at the time of application

• Evidence of the sponsor being posted by a registered Australian company.
• Evidence from the sponsor’s employer for extended employment outside the country on an ongoing basis. In the meantime, the wages should be paid by the Australian registered company or organization, with the taxes provided to the Australian government
• Ownership of a residence that proves that sponsor intends to reside in Australia
• If the sponsor is not employed, the aforementioned documents of the sponsor’s partner must be provided
• Evidence of the children attending school, if any
• Evidence of advance arrangements being made to provide education to the children, if they are preschool-aged
• Bank statements
• Evidence of sponsor’s children being Australian citizens