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Subclass 116/836 Carer visa

Start your new life in Australia with a Carer visa

These two subclasses of Carer visas are both permanent, and allow caregivers to reside in Australia to care for someone with long-term or permanent medical conditions. Caregivers may apply for a Carer visa both onshore (Subclass 836) and offshore (Subclass 116).

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The Australian Migration Lawyers difference

What is a Carer visa?

The carer visa allows individuals to move to Australia for the purposes of caring for a family member or relative with a chronic condition who does not have reasonable access to alternative care options in Australia. 

This visa can be applied for both onshore (Subclass 836) and offshore (Subclass 116). The below information applies to both subclasses, with the only difference being the location (either inside or outside of Australia) of the applicant at the time of application and decision. 

Eligibility requirements for the Carer visa

In order to be eligible for the Carer visa, the carer must meet the following criteria:

  • Be willing and capable to provide continuous significant care and assistance to the sponsoring relative or the family member who resides with them. 
  • The carer should have a full understanding of the sponsor's medical condition as well as a clear understanding of their care needs.
  • If onshore, must hold or have held any substantive visa except a Transit (Subclass 771) visa 
  • Meet the health and character requirements
  • Must not owe outstanding debts to the Australian government

The sponsor must meet the following criteria:

  • Be over 18 years of age 
  • An Australian citizen, permanent resident or eligible New Zealand citizen

Benefits of the Carer visa

A Carer visa allows a person to live in Australia permanently to provide care, support, and assistance to their relative in Australia who is otherwise unable to get the necessary care and support. Specifically, this visa provides you with the opportunity to:

  • Stay in Australia permanently   
  • Work and study in Australia 
  • Travel to and from Australia 
  • Have access Australia’s healthcare system (Medicare)

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Carer visa checklist

The high threshold a carer must meet to apply for these visas mean that a substantial amount of evidentiary documents are required. The following documents must be provided to support the visa application:

  • Birth certificate 
  • Passport 
  • National identity card (if applicable) 
  • Passport-sized photos
  • Police clearance certificate
  • The sponsor must provide financial evidence to show that they can support their carer
  • Health examination 
  • Bupa medical certificate for the sponsor

How the Carer visa works

To apply for these visas, you must submit a carer visa application along with all the required documents. Due to the extensive nature of the required documents, it is recommended to seek legal assistance, as insufficient evidence may result in delays during the visa processing.

Future visa pathways

One of the many benefits of both the subclass 836 and subclass 116 Carer visas is that you will obtain permanent residency from the day that the visa is granted, thereby rendering you eligible for Australian citizenship in the future. Most importantly, it allows the applicant or sponsor to care for the individual in need, ultimately providing a more meaningful lifestyle.

Benefits of using an immigration lawyer

Our firm has been successfully involved in many Carer visas and other primary applications, including those of high complexity. One of our goals is to improve access to justice and we commit to representing every individual who seeks our advice regarding their visa application.

At Australian Migration Lawyers, our team is composed of qualified Australian lawyers who have a profound knowledge of Australian migration law and legal precedents to provide guidance for your visa application. We also offer alternative migration pathways and options when necessary. As legal professionals, we have the responsibility of ensuring that your visa application complies with all legal prerequisites, naturally enhancing your chances of a positive outcome.

We extend our support from application preparation to visa approval, collaborating with you to address other inquiries or requirements raised by the Department of Home Affairs.

  • At Australian Migration Lawyers, our team consists of certified Australian lawyers who harness their profound understanding of Australian laws and legal precedents to offer guidance for your visa application. We also advise on other migration avenues and strategies at your disposal.
  • As legal professionals, we bear the responsibility of ensuring that your visa application aligns with all statutory prerequisites, thereby naturally increasing your chances of a favourable outcome.
  • We extend our assistance with preparing your application right through to the visa's approval, including collaborating with you to address any additional requests made by the Department of Home Affairs.

Carer visa costs

There are two main costs associated with Carer visas:

Professional fees 

Our fees will vary depending on the circumstances of your application. Some applications will be more complex than others, and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about what the total costs associated with their visa application will be. We offer payment plans based on different financial needs to provide flexibility for our clients.

Department fees 

The current fee for the Department of Home Affairs in relation to both Carer visas is $2,055 which is to be paid for in two installments. This fee must be paid upfront, and the Department does not accept split payments. Payment can be made using debit/credit card, PayPal, UnionPay and BPAY.

Visa application process

Applying for a visa to Australia can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you apply for the right visa.

1. Consultation and engagement

2. Preparation and support

3. Submission and communication

4. Representation and success

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Processing times

Processing times for Carer visas may take up to seven years due to the high demand and the limited number of places available. Therefore, it advised you seek professional legal advice to avoid potential delays or refusals.

Conditions

Our legal team at Australian Migration Lawyers consists of skilled practitioners with experience in Australian migration law. They have undergone rigorous training to practice in this field.

It's crucial to understand that, as legal professionals, we cannot guarantee the approval of your Carer visa, as no such assurance exists. The decision rests solely with the Department of Home Affairs and is independent of any individual representative, lawyer, or migration agent. However, our profound understanding of the law allows us to significantly improve your chances of success.

Once approved, the following visa conditions may be attached to the visa: 

  • Not arrive before the specified person in the visa has entered Australia 
  • Not marry or enter into a de facto relationship before entering Australia

Meet your Australian Migration Lawyer

We’re a diverse team of professionals with decades of combined experience. We care about your situation and will make sure you always get the support and advice you need.

Locations

We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.

Frequently asked questions

Read our most frequently asked questions about Carer visas: 

Can I bring other family members with me?

Family members of the family unit can be included in your application provided that they meet the health and character requirements.

What is considered a chronic condition?

A chronic condition is one that is long term or permanent and one that requires assistance with everyday life for a minimum of two years. The level of care the sponsor requires must be assessed by Bupa Medical Visa Services who will issue a Bupa medical certificate.

Who is considered a family member or relative?

  • Partner 
  • Child 
  • Parent 
  • Grandparent 
  • Sibling 
  • Extended relatives such as an aunt, uncle, niece or nephew

About the content author

Perry Q Wood
Partner - Principal Migration Lawyer

Perry Q Wood is National President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.

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