Carer Visa (Subclass 116 and 836)

Carer Visa (Subclass 116 and 836)

With a carer’s visa, people can enter Australia and take care of their relatives who need assistance because of chronic or lifelong medical issues. For a carer visa, there are two subclasses: subclass 116, where the applicant applies while outside of Australia, and the Department makes the decision; and subclass 835, when the applicant applies while inside Australia, and the Department approves the application.

Under the Department of Home Affairs, the carer visa enables you to

• Permanently reside in Australia;
• Work and study in Australia;
• Enrol in Australia’s public health care system of Medicare;
• Sponsor your relatives to come to Australia;
• Travel to and from Australia for 5 years; and
• Apply for citizenship if eligible.

Process;

Subclass 836 Eligibility:

When applying for this visa subclass you must:

• Be in Australia when applying for the visa and when the application is decided;
• Be a carer for your Australian relative who needs care or a member of their family who lives with them and needs care who has no reasonable access to care in Australia;
• Be sponsored by an eligible sponsor that must be approved by the Department of Home Affairs;
• Hold or held a substantive visa, except a Transit visa (subclass 771);
• Meet the health requirements;
• Meet the character requirements;
• Have paid back any debt to the Australian government;
• Not have had a visa cancelled or a previous application refused;
• Sign the Australian values statement; and
• Be over the age of 18.

Subclass 116 Eligibility:

When applying for this visa subclass you must:

• NOT be in Australia when applying for the visa and when the application is decided;
• Be sponsored by a relative or their partner for your first 2 years in Australia;
• Provide care for your relative, or a member of their family who lives with them, who has no reasonable access to care in Australia;
• Meet the health requirements;
• Meet the character requirements;
• Have paid back any debt to the Australian government;
• Not have had a visa cancelled or a previous application refused;
• Sign the Australian values statement; and
• Protect the interest of a child, thus must be 18 years of age.

Costs:

The primary applicant will incur charges starting at AUD 2,055.00, which must be paid in two instalments. You can estimate your expenses using the pricing visa estimator, but it does not account for extra expenses or the second instalment.

If you can demonstrate that paying this sum is likely to put you or the person you are providing for in serious financial hardship, there may also be consideration of decreasing your second instalment to nothing.

Processing Times:

According to the Department of Home Affairs, it is likely to take seven years for qualified applicants to be released for final processing when they submit new visa applications. This process takes a while to process because of the increased demand for other family visas. A maximum number of migration visas may be awarded annually for the carer visa. If this limit is reached, no more visas may be awarded, and all remaining applicants will be placed in a queue.

Step-by-step guide:

Step 1: Before you apply for the visa:

Please check the validity of your passport before applying for the visa. You must also organise a Bupa medical certificate to which an individual who needs care must be assessed and get a medical certificate from Bupa Medical Visa Services. If necessary, you may appoint someone to give you immigration assistance. If you appoint someone, they must be a;

• Registered migration agent;
• Legal practitioner; or
• An exempt person.

Step 2: Gather your documents:
When gathering the required documentation, it is crucial to collect various items. These include identity documents, a Bupa medical certificate, character documents, and, if applicable, documents pertaining to any children under the age of 18. For children under 18, the necessary documents include proof of identity, evidence of the relationship, character documents (if necessary), and parental responsibility documentation.

For children over 18, eligibility criteria apply. They must be between 18 and 23 years old and dependent on either the applicant or their partner. Alternatively, if they are over the age of 23, they must have a physical or cognitive limitation that prevents them from earning a living and are dependent on the applicant or their partner.

Additionally, partner documents must be provided, including identity and character documents, as well as documents related to any former relationships if applicable. A current marriage certificate or evidence of a de facto relationship lasting over 12 months, or less under specific circumstances, is required.

Furthermore, four recent photographs measuring 45mmx35mm are necessary for everyone included in the application. These photos should have a full-face view against a light-coloured background. It is permissible to wear untinted prescription glasses. For those wearing head coverings for religious reasons, only the face needs to be visible.

Step 3: Applying for the visa:

When providing for this visa please provide accurate information and apply on paper. Ensure the following criteria are met:

• Keep and submit other documents Form 470F Application for migration to Australia by other family members;
• Complete the application in English and pay for the application using the online ImmiAccount portal; and
• Do not send original documents with your application, only send certified copies.

Step 4: After applying:

While awaiting the decision from the Department, please be aware that no status updates can be provided. Keep the Department up to date on any changes to your application while it is being processed such as travelling outside of Australia, any changes to your appointed individual helping you complete your application and Complete Form 1023 Notification of incorrect answers if any mistakes are made on the application. The Department may also request more information to be provided such as health examinations and biometrics. Also, ensure to pay the second instalment when required from you and stay lawful during the application process as it may impact your ability to receive the appointed visa.

Step 5: Visa Outcome:

Once the Department has decided, they will provide you with an outcome in writing. Ensure that a copy of this decision is kept with you. If your visa is refused the writing will let you know why you were refused and whether you have a right to review the decision.

If the application is refused, please be mindful that the application fee will not be refunded.