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What must a Subclass 114 applicant actually prove in 2026?

Translates the Aged Dependent Relative (Subclass 114) criteria into the evidence each requirement needs, as of the August 2026 Home Affairs page.

2026-09-26

A Subclass 114 (Aged Dependent Relative) applicant has to prove five things at the same time: that an eligible relative sponsors them, that they are old enough to qualify for the Age Pension, that they have depended on that Australian relative for food, shelter and clothing for at least three years, that they have no partner, and that an assurance of support can be obtained — plus health, character and debt checks. The list below is drawn from the Department of Home Affairs' official Subclass 114 page as of the August 2026 version and the Migration Regulations 1994 text published on the Federal Register of Legislation, and it is general information about how the criteria work rather than advice on any individual case; the wording of the regulations and current departmental policy always govern, and anyone applying should check the official pages before lodging.

What does "aged dependent relative" actually mean?

The phrase carries three separate tests, and failing any one of them ends the application.

First, the relationship. Under clause 114.211, the applicant must be the aged dependent relative of an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. The definitions of "aged dependent relative", "eligible New Zealand citizen" and "settled" sit in regulation 1.03 of the Migration Regulations 1994, so the relationship question is answered by that definition, not by a family tree alone.

Second, the age. The Home Affairs page states the test as being old enough to receive the Age Pension in Australia, which makes the Department of Social Services' Age Pension page the reference point for the qualifying age. The regulations and the Department's procedural guidance (PAM3) describe the threshold as generally 65 or 67 depending on date of birth; where the two descriptions differ, the official Age Pension qualifying age published by Social Services is the operative number, and it should be checked against the applicant's own birth date.

Third, dependency. Being a relative of the right age is not enough — the applicant must show dependency on the Australian relative, not merely closeness.

How do you prove three years of dependency?

The Home Affairs page sets the dependency test as having been dependent on the Australian relative for basic needs — food, shelter and clothing — for at least three years before applying, and notes that dependency can arise from a disability that prevents the applicant from working.

Dependency is a facts question, so it is proved with a continuous record rather than one document. Evidence that maps directly onto "food, shelter and clothing" tends to be the most useful:

Requirement Evidence that speaks to it
Food and daily living costs Regular remittance or transfer records from the sponsor to the applicant over at least three years, receipts for groceries or household spending met by the sponsor
Shelter Proof that the sponsor pays the rent or mortgage, or that the applicant lives in housing the sponsor owns or maintains; where they live together, joint household records
Clothing and other basics Records of recurring purchases or allowances covering clothing, utilities and medical costs
Why the applicant cannot be self-supporting Pension statements, employment history, or medical evidence of a disability that prevents work

The Department's procedural guidance adds an important limit: if the applicant's own income is enough to cover their basic needs, the applicant does not meet the definition of dependent, and the reliance on the Australian relative must be greater than any reliance on other people. Guidance also describes officers testing the claim by requesting further documents, so the three-year record should exist before the application is lodged, not be assembled after a request arrives.

Who can sponsor you, and what must the sponsor show?

Clause 114.212 allows sponsorship by the Australian relative if that person is at least 18 and is a settled Australian citizen, settled permanent resident or settled eligible New Zealand citizen; otherwise, the relative's spouse or de facto partner may sponsor, provided they live with the relative, are themselves settled and over 18. Spouse and de facto partner are defined in sections 5F and 5CB of the Migration Act respectively.

Sponsorship is not a formality. The Home Affairs page states that the Department must approve the sponsorship, and clause 114.222 requires the approved sponsorship to still be in force at the time of decision. "Settled" is a defined term in regulation 1.03; procedural guidance commonly works with around two years of lawful residence in Australia, but the definition itself is what applies. Two further limits appear in the procedural guidance: a sponsorship bar under regulation 1.20LAA can affect a sponsor who previously held a Subclass 802 visa supported by a State or Territory welfare authority, and the sponsor on a Subclass 114 application cannot be swapped later.

What does "no partner" mean in practice?

The Home Affairs page states the requirement simply: to be eligible, the applicant must have no partner. Procedural guidance treats the presence of a spouse or de facto partner as more than a missing criterion — it makes the application invalid.

Because de facto relationships are defined by the circumstances of the relationship rather than by a certificate, this is one of the criteria where an assumption can go wrong. The restriction also continues after lodgement: guidance lists entering a partner relationship during processing as a common reason an otherwise valid claim fails, since clause 114.221 requires the applicant to keep satisfying the core relative criterion at the time of decision.

What else has to be cleared besides the relationship tests?

Four further requirements sit behind the headline criteria.

  • Health. The applicant and any family members applying with them must meet the health requirement, and the Department may also ask non-migrating family members to meet it. In the regulations this appears as Public Interest Criterion 4005.
  • Character. The applicant and migrating family members must meet the character requirement; non-migrating family members can also be asked. The regulations reference criteria 4001 to 4004, 4019 and 4020, the last of which concerns providing genuine, non-misleading information and documents.
  • Debts to the Australian Government. Any money owed by the applicant or family members must have been repaid, or be covered by an approved repayment arrangement.
  • Immigration history. The Department considers whether a visa has been cancelled or an application refused, and that history can make an applicant ineligible. Limited exceptions exist, and the outcome depends on the current official guidance rather than the general rule.

If an applicant under 18 is included, the visa cannot be granted unless that is in the child's best interests.

What is the assurance of support, and when is it needed?

The Home Affairs page describes the assurance of support as an assurance that the applicant will not have to rely on government assistance after entering Australia, covering the applicant and any family members coming on the visa, and it states that the Department will say when it is required. Clause 114.225 requires the assurance to have been accepted by the Secretary of the Department of Social Services.

Procedural guidance describes the assurance as a bond assessed through Centrelink, with figures around AUD 5,000 for the main applicant and AUD 2,000 per additional adult family member and a typical duration of two years; those amounts are guidance figures rather than a published fee schedule and should be confirmed with the current official assurance of support information before budgeting.

Where must you be, and what happens after grant?

The applicant and all applicants must be outside Australia both when applying and when the decision is made, and clause 114.411 requires the applicant to be outside Australia at grant. The visa is permanent: holders can stay indefinitely, work and study, enrol in Medicare, sponsor relatives and, if eligible, apply for citizenship. Travel to and from Australia runs for five years from the date of grant, after which a Resident Return visa (subclasses 155/157) is needed to re-enter as a permanent resident.

The first entry date is set out in the grant letter and is generally around 12 months from grant. Conditions 8502 and 8515 can be attached, the latter requiring the holder to notify the Department of their address within 28 days of entry.

On cost and timing, the official page gives no single figure: it states the visa is paid in two instalments, with the first paid at application and the second when requested, and directs applicants to the Visa Pricing Estimator. Other Family visas are subject to capping and queueing, and the page says processing times can be lengthy and points to the processing time guide tool rather than publishing a fixed period. From 1 July 2026, a lower visa application charge applies to eligible Pacific Island and Timor-Leste citizens who lodge a valid application with a passport from a listed country.

Frequently Asked Questions

Is being a parent of an Australian citizen enough to qualify?

No. Parentage only satisfies part of the relationship test under clause 114.211. The applicant must also meet the Age Pension age threshold, show at least three years of dependency for basic needs, have no partner, be sponsored by an eligible person, and satisfy assurance of support, health and character requirements.

How far back should dependency evidence go?

The Home Affairs page sets the period at at least three years before the application. In practice the record should be continuous across those three years and show recurring support for food, shelter and clothing rather than occasional gifts.

Can the spouse of the Australian relative act as sponsor?

Yes, under clause 114.212, if the spouse or de facto partner lives with the Australian relative, is at least 18, and is a settled Australian citizen, settled permanent resident or settled eligible New Zealand citizen. Sponsorship still has to be approved by the Department and remain in force at decision.

Does the sponsor need to meet a fixed income threshold?

The official page does not publish an income threshold. Procedural guidance describes the sponsor's financial capacity as assessed on the evidence, usually through income, assets and tax records, and treats the assurance of support as the separate mechanism that addresses the risk of the applicant relying on government assistance.

Can the applicant be inside Australia when lodging?

No. The applicant and all applicants must be outside Australia when applying and when the decision is made, and clause 114.411 requires the applicant to be outside Australia at the time of grant.

What happens if the applicant has independent income?

Procedural guidance states that income sufficient to cover the applicant's basic needs means the applicant does not meet the definition of dependent, and that reliance on the Australian relative is expected to exceed reliance on anyone else. The evidence should therefore show what the applicant's own resources do and do not cover.

References

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