Subclass 114 sponsorship limits in 2026: 802 visa bar and no sponsor changes

Two sponsorship limits can determine the outcome of subclass 114 (Aged Dependent Relative) cases before the rest of the criteria are even reached: a sponsor who previously held a subclass 802 visa granted with a support letter from a state or territory government welfare agency cannot sponsor at all, and once the application is lodged the sponsor cannot be replaced — if that person dies or stops being able to sponsor, the application fails. These limits come from the Migration Regulations 1994 published on the Federal Register of Legislation and departmental guidance; the Australian Department of Home Affairs' official Aged Dependent Relative visa (subclass 114) page does not restate them.

For a family that already carries a refusal, these limits matter more than usual, because a second failed attempt is not a cheap rehearsal: Home Affairs states that the application fee is not refunded if the visa is refused.

Who is allowed to sponsor a subclass 114 applicant?

Clause 114.212 sets out two possible sponsors. The first is the Australian relative the applicant is dependent on, if that relative is at least 18 and is a settled Australian citizen, a settled Australian permanent resident, or a settled eligible New Zealand citizen. The second is that relative's spouse or de facto partner, but only if the partner is living with the relative, is at least 18, and is themselves a settled Australian citizen, permanent resident or eligible New Zealand citizen.

Home Affairs states the same basic requirements in plainer words on its public page: the sponsor must be aged 18 or over, settled in Australia, and an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and must complete Form 40 Sponsorship for migration to Australia. The public page does not define "settled"; departmental guidance summaries commonly describe roughly two years of lawful residence as the usual benchmark, but the definition that governs is the one in the current Regulations.

Sponsorship is also a separate limb of the decision. Home Affairs states that it must approve the sponsorship, and clause 114.222 requires that the sponsorship has been approved and is still in force at the time of decision. Approval is not a formality that rides along with a strong dependence case.

What is the subclass 802 sponsorship bar?

The bar comes from the sponsorship limitation in regulation 1.20LAA of the Migration Regulations 1994. As summarised in departmental guidance, a person cannot sponsor a subclass 114 applicant if they previously held a subclass 802 visa and that visa was granted with a support letter from a state or territory government welfare agency. Decision-makers check the sponsor's visa history as part of assessing sponsorship, so the fact sits on the sponsor's own record rather than on anything the applicant does.

Assume a sponsor who came to Australia years ago on a subclass 802 visa with that kind of welfare agency support behind it, and who is now a settled citizen with a stable income and a house. On the published guidance, that person is still caught: the limitation attaches to the history, not to how well established the sponsor is today. The public Home Affairs subclass 114 page does not restate this limitation, so the operative wording should be read in the current Regulations and in any updated departmental guidance before lodging.

The practical consequence is blunt. Because the sponsor cannot be changed after lodgement, a family that discovers the 802 bar late has no way to repair the same application by putting a different child, or that child's partner, on the file.

Can the sponsor be changed after the application is lodged?

No. Guidance on subclass 114 states that the visa does not allow the sponsor to be changed. If the original sponsor dies or ceases to be able to sponsor, the application fails rather than moving to another family member. This is reinforced by the structure of the criteria: the sponsorship is identified at the time of application under clause 114.212, must be approved and still in force at decision under clause 114.222, and is extended to secondary applicants under clause 114.312 and must be approved and still in force for them under clause 114.322.

Everything else about the file is comparatively flexible, which is what makes the contrast easy to miss. Home Affairs allows applicants to correct incorrect answers with Form 1023 Notification of incorrect answers, to notify changes of address, phone number or passport, to withdraw the application, and, in some cases, to add family members before a decision using Form 1436 Adding an additional applicant after lodgement. Sponsor identity is not on that list.

The implication is that a paper application locks in one person for the whole of what can be a long wait. Sponsors with health problems, unsettled residency, or an unresolved visa history of their own are a risk to the entire application, not just to one form.

If the family already has a refusal, what changes?

Home Affairs states that it considers immigration history when deciding the application, which means an applicant might not be eligible if they have had a visa cancelled or an application refused. It is not an automatic bar. Home Affairs points to its "Limitations on applications in Australia" material for the circumstances in which a person who has had a visa cancelled or an application refused may still apply for a permanent visa, and directs people applying from outside Australia to its re-entry ban information.

Two related consequences are worth knowing before a second attempt. First, Home Affairs states that if an applicant cannot prove their identity, it will refuse the visa, might not grant another visa for 10 years, and might not grant a visa for 10 years to family members listed on the application. Second, the Regulations list public interest criterion 4020 among the criteria an applicant must satisfy, which concerns providing information and documents that are not false or misleading. A second application built on the same weak identity or relationship evidence tends to inherit the first one's problem.

A refused application is not refunded, and the written decision will state why the visa was refused and whether there is a right to a review of that decision.

The limits side by side

Limit	What triggers it	Effect on the application
Sponsorship limitation (regulation 1.20LAA)	Sponsor previously held a subclass 802 visa granted with a state or territory government welfare agency support letter	That person cannot sponsor; the sponsorship limb fails
No sponsor substitution	Sponsor dies or ceases to be able to sponsor after lodgement	The application fails; another relative cannot take over
Immigration history	A previous visa cancelled or application refused	Applicant might not be eligible; the applicable limitation or re-entry ban decides
Identity not established	Applicant cannot prove identity	Refusal, and a possible 10-year bar on the applicant and listed family members

What this means before you lodge

The sponsor-side checks are the ones that should happen first, because they cannot be fixed later:

Confirm the sponsor's full visa history, including any subclass 802 visa and whether it was granted with a welfare agency support letter.
Confirm the sponsor is 18 or over, settled, and an Australian citizen, permanent resident or eligible New Zealand citizen at the time of application, and that a partner sponsor is living with the Australian relative.
Have the sponsor complete Form 40, and keep in mind that the sponsorship must be approved and remain in force until the decision.
Check the applicant's own position: age pension age in Australia, dependence on the relative for basic needs for at least the three years before applying, no partner, and an assurance of support when Home Affairs asks for one.
Keep the record accurate during processing using Form 1023 for incorrect answers and the department's change-of-circumstances notifications.

Applicants must apply on paper using Form 47OF Application for migration to Australia by other family members, must be outside Australia when they apply, and must be outside Australia when the decision is made. Only a registered migration agent, a legal practitioner or an exempt person can give immigration assistance for a fee; anyone may be appointed to receive documents on the applicant's behalf.

This article describes how the published rules and guidance read and is general information only — it is not an assessment of any family's case and does not replace the current official wording or advice from someone who is lawfully able to give immigration assistance. Provisions such as regulation 1.20LAA and the sponsorship criteria can be amended, and the operative text is the one in force when the application is decided.

Frequently Asked Questions

Can my partner sponsor my parent for subclass 114 instead of me?

Yes, if the partner fits the structure in clause 114.212. The spouse or de facto partner of the Australian relative may sponsor, provided they are living with that relative, are at least 18, and are a settled Australian citizen, permanent resident or eligible New Zealand citizen. The 802 sponsorship bar applies to a partner sponsor in the same way as to the relative.

What exactly triggers the subclass 802 sponsorship bar?

It applies when the proposed sponsor previously held a subclass 802 visa and that grant was supported by a state or territory government welfare agency letter. Under the sponsorship limitation in regulation 1.20LAA, as summarised in departmental guidance, that person cannot sponsor a subclass 114 applicant. Because it turns on the sponsor's own visa history, it should be checked before a paper application is committed to.

Can we replace the sponsor if they die or lose eligibility during processing?

No. Guidance on subclass 114 states the sponsor cannot be changed after lodgement, and clause 114.222 requires the sponsorship to have been approved and still be in force at the time of decision. If the original sponsor dies or stops being able to sponsor, the application fails rather than transferring to another family member.

We have had a visa refused before — can we still apply?

A previous refusal or cancellation does not automatically end the matter, but Home Affairs says it considers immigration history and that you might not be eligible as a result. Home Affairs directs onshore applicants to its "Limitations on applications in Australia" material and offshore applicants to its re-entry ban information. The written decision on the earlier case will state why it was refused and whether review rights existed.

Is the sponsorship decided separately from the visa?

Yes. Home Affairs states that it must approve the sponsorship, and the sponsorship must also be approved and still in force when the decision is made under clause 114.222. Strong evidence of dependence and relationship does not cure a sponsorship that fails one of the limits.

Do we get the fee back if the sponsorship fails and the visa is refused?

No. Home Affairs states that it will not refund the application fee if the application is refused. The decision letter will set out the reasons for refusal and whether there is a right to a review of the decision.