Subclass 838 Evidence Kit 2026: Identity, Relationship and Dependency Files

Subclass 838 evidence must establish who the applicant is, how the applicant is connected to the Australian relative, and whether the applicant depends on that relative for basic needs. It must also support the sponsor’s eligibility. The Australian Department of Home Affairs requires identity and character documents, sponsor documents and, where applicable, evidence for accompanying dependants. It states that an applicant who cannot prove identity will have the visa application refused and might not be granted another visa for 10 years; listed family members might also be refused visas for 10 years.

This article provides general information, not personalised legal advice or an individual eligibility assessment. The practical approach is to identify the proposition each document proves, then check that identity, relationship, sponsorship, dependency and dependant requirements work together without unexplained gaps.

What does each evidence stream prove?

Evidence stream	What it must establish	Documents or controls identified by Home Affairs
Identity	Who the applicant is and how current and former names can be reconciled	Pages of the current passport showing the photo, personal details, issue date and expiry date; a national identity card, if held; marriage, divorce or official change-of-name documents; and evidence of other names previously used
Sponsorship	Whether the sponsor is qualified to sponsor and has formally assumed the sponsorship role	Form 40, completed by a sponsor who is at least 18, a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen, and usually resident in Australia
Relationship	How the applicant is connected to the sponsoring relative or the relative’s partner	Birth, marriage, death or adoption certificates; a family status certificate or family book if it is officially issued and maintained
Dependency	Whether the applicant relies on the relative for basic needs and the duration of that support	Bank statements, money transfers and rent receipts are identified as possible evidence
Character	Whether the applicant and any relevant dependants can satisfy the character requirements	Character documents must be provided, but police certificates should not be arranged until Home Affairs asks for them
Dependant and parental evidence	Whether additional family members can be included and any required consent has been obtained	Identity, relationship, dependency and character evidence, plus Form 47a or consent documents where applicable

These files answer different questions. Identity evidence establishes identity; relationship evidence establishes the family connection; sponsor-status evidence establishes eligibility to sponsor; and dependency evidence establishes the support arrangement. Strong evidence in one category does not replace missing evidence in another.

The Migration Regulations 1994 frame the legal findings in clauses 838.212, 838.213 and 838.222, including whether the applicant is an aged dependent relative, is properly sponsored and satisfies the assurance-of-support requirement. The evidence file supports findings on those matters; a document does not itself establish the legal conclusion.

Why does an identity gap carry a 10-year risk?

Home Affairs separates the consequences of being unable to prove identity into three statements:

The visa application will be refused.
The applicant might not be granted another visa for 10 years.
Family members listed on the application might not be granted visas for 10 years.

The refusal consequence is stated directly. The two 10-year outcomes are qualified by “might”, so it would be inaccurate to describe the restriction as an automatic outcome in every case. It is nevertheless a material risk that should be addressed before the wider relationship and dependency file is finalised.

The warning is specifically attached to an inability to prove identity. A request for further relationship or dependency evidence should not automatically be described as a 10-year identity restriction.

An effective identity review should resolve four matters:

The primary identity record. Include the passport pages showing the photograph, personal details, issue date and expiry date, plus a national identity card if one is held.
The complete name history. A marriage or divorce certificate, a change-of-name document from an Australian registry or the relevant overseas authority, and evidence of other names previously used can connect apparently different records.
Passport currency. An applicant does not need a valid passport to apply, but must provide details of their most recent passport. Home Affairs will only grant the visa if the applicant has a valid passport.
Traceability across the file. An internal name-history index can help reviewers connect identity, relationship and financial records. It is a file-management aid, not a substitute for the underlying documents.

How does the relationship chain connect the applicant and sponsor?

The sponsor must be the applicant’s Australian relative or the relative’s partner. The sponsor must be at least 18 years old, have the relevant settled status, and usually reside in Australia. They must also complete Form 40, Sponsorship for migration to Australia.

The relationship and sponsor-status files should remain distinct:

Relationship records establish the family connection. Depending on the chain, these may include birth certificates, marriage certificates, death certificates, adoption certificates, or an officially issued and maintained family status certificate or family book.
Sponsor-status records establish citizenship, permanent residence or eligible New Zealand citizenship status. Home Affairs specifically identifies a citizenship certificate, passport or, for an eligible New Zealand citizen, a valid visa.
The sponsorship form records the sponsor’s role. It does not replace evidence connecting the applicant to the relevant Australian relative.

Where the sponsor is the relative’s partner, the records should make the claimed connection intelligible across the applicant, partner and Australian relative. A direct birth certificate may not be the only link in a chain involving marriage, death, adoption or another intervening relationship.

A citizenship certificate or passport does not prove kinship, and a relationship certificate does not answer the separate question of financial dependency. Each document should be indexed against the proposition it can actually support.

The official page does not prescribe an exhaustive document list for every element of the sponsor’s age, settled status and usual residence. Those elements should be checked against the latest official requirements rather than assumed from a passport alone.

What does dependency evidence have to demonstrate?

The general dependency evidence should show two connected matters:

The applicant depends on the Australian relative for basic needs such as food, shelter and clothing.
The file shows how long that support has been provided.

Home Affairs identifies bank statements, money transfers and rent receipts as possible evidence. These examples are not presented as an exhaustive list or as a fixed monetary threshold.

A useful internal evidence timeline can record:

the period covered;
who provided the support;
who received it;
which basic need was supported; and
which document records the payment, transfer or expense.

This timeline is a review tool, not a separate Home Affairs form. Its purpose is to prevent isolated bank entries from being mistaken for a clear account of the dependency arrangement.

Different records also perform different work. A bank statement may identify the account from which money was sent, a transfer record may show movement between parties, and a rent receipt may document support for shelter. None necessarily proves the family relationship by itself, so identity and relationship records should be cross-referenced with the financial evidence.

The official page does not state a fixed amount or payment frequency for the general relative-dependency evidence. The file should therefore demonstrate the actual support arrangement without inventing a threshold that does not appear in the current requirements.

How do child dependants change the file?

What applies to a dependant under 18?

For every dependant under 18 applying with the principal applicant, provide:

identity documents;
proof of the relationship, such as a birth or marriage certificate; and
character documents, if applicable.

What applies to a dependant aged 18 or older?

The official page uses three dependency categories:

A child under 18 may be included as a dependant.
A child over 18 but not yet 23 may be included if dependent on the principal applicant or the applicant’s partner.
A dependant over 23 may be included only if unable to earn a living to support themselves because of physical or cognitive limitations and dependent on the principal applicant or the applicant’s partner.

For every dependant aged 18 or older who is applying with the principal applicant, the page requires identity documents, information about other relationships if applicable, character documents and proof of dependency.

The dependency file for an adult dependant includes:

completed Form 47a, Details of a child or other dependent family member aged 18 years or over;
proof of the relationship, such as a birth certificate or adoption papers; and
proof that the person has been financially dependent on the principal applicant for at least 12 months before the application.

Possible supporting evidence includes proof that the person lives with the applicant, tax records and evidence that the person is currently studying. For a dependant over 23, provide information about the physical or cognitive limitation affecting their ability to earn a living.

The express 12-month wording on the official page applies to a dependant aged 18 or older. The general section concerning the principal applicant’s dependence on the Australian relative asks for evidence of how long support has been provided. Those provisions should not be collapsed into a single universal 12-month rule without checking the current legal requirements.

What consent is required for an applicant under 18?

Consent to migrate must be obtained from anyone who:

has a legal right to decide where the child lives; and
is not in Australia with the child.

That person must complete either Form 1229 or a statutory declaration consenting to the child staying in Australia on this visa. Alternatively, the file may contain an Australian court order permitting the child to migrate or evidence that the law of the child’s home country permits the migration.

Include an identity document showing the consent form or declaration signatory’s signature and photograph, such as a passport or driver’s licence. Adoption papers or other court documents should be included where applicable.

If the child will not be staying with a relative or legal guardian, include Form 1257, Undertaking declaration, signed by the person with whom the child will stay.

Who can assist with the application or receive the documents?

Only a registered migration agent, a legal practitioner or an exempt person may provide immigration assistance for the application. The official page separates that role from the ability to receive documents.

Anyone may be appointed as an authorised recipient to receive documents relating to the visa matter. Being authorised to receive documents should not be presented as authority to provide immigration advice.

The appointment forms reflect the distinction:

Form 956 appoints a registered migration agent, legal practitioner or exempt person to provide immigration assistance.
Form 956A appoints or withdraws an authorised recipient for correspondence.

The role and authority should therefore be recorded accurately before documents are handed to a third party.

How should the evidence file be assembled?

Subclass 838 is a paper application. Form 47OF, Application for migration to Australia by other family members, must be completed in English, and the sponsor must complete Form 40.

The assembly process should address the following controls:

Check the required forms and evidence together. Form 40 records the sponsor’s role in the application, while the supporting documents address identity, relationship, dependency and other applicable requirements.
Do not treat an incomplete file as a minor issue. Home Affairs states that an incomplete paper application may be invalid and will not be processed.
Send certified copies rather than original documents. Official instructions require supporting documents to be submitted as certified copies. Keep a copy of the completed application and supporting file for personal records.
Do not obtain police certificates early. Home Affairs expressly instructs applicants not to arrange police certificates until asked.
Respond to later document requests. If necessary documents were omitted or Home Affairs requests more information, provide it as soon as possible. An application imported into ImmiAccount can use the account to upload additional supporting documents.
Treat health examinations and biometrics as request-based. Home Affairs may request either during the assessment process.

An internal file index should identify each document, the fact it supports and any cross-reference to a name, relationship or time period. It should not imply that every applicant must submit every example listed by Home Affairs; relevance depends on the applicant’s evidence stream and circumstances.

Does a complete file guarantee a visa grant?

No. A complete evidence file addresses document-completeness risks, but it does not replace the legal eligibility criteria or guarantee a favourable outcome.

Home Affairs may request health examinations, biometrics or further information. A visa can only be granted if the applicant has a valid passport, and the applicant must be in Australia but not in immigration clearance when the decision is made.

The strongest file is therefore not the one with the most documents. It is the one in which every document answers a defined question and the identity, relationship, sponsorship and dependency records remain internally consistent.

Frequently Asked Questions

What are the main Subclass 838 identity and relationship documents?

Identity evidence normally includes the relevant passport pages, a national identity card if held and documents explaining former or alternative names. Relationship evidence may include birth, marriage, death or adoption certificates, while Form 40 and sponsor-status records support the sponsorship side of the file.

What happens if I cannot prove my identity?

Home Affairs states that the visa application will be refused if identity cannot be proven. It also says the applicant might not be granted another visa for 10 years and that listed family members might not be granted visas for the same period.

Does a bank transfer by itself prove dependence?

No. A transfer may show that money moved, but the broader file must establish the connection between the parties, the support provided and the period involved. Identity, relationship and dependency records should support one another.

Must every dependant prove 12 months of financial dependence?

Not in the same way for every applicant. The official page expressly requires a dependant aged 18 or older to have been financially dependent on the principal applicant for at least 12 months before the application. An applicant under 18 has a separate document and consent framework, while the general relative-dependency section asks how long support has been provided.

Can I apply if my passport is no longer valid?

You do not need a valid passport to apply, but you must provide details of your most recent passport. Home Affairs will only grant the visa if you have a valid passport.

Should I send original identity documents?

No. The official instructions require certified copies of supporting documents and say not to send original documents. Keep a complete copy of the application and supporting file for your own records.

Can an authorised recipient provide immigration assistance?

An authorised recipient can receive documents relating to the visa matter, but that role is separate from providing immigration assistance. Only a registered migration agent, a legal practitioner or an exempt person may provide immigration assistance.

Should I arrange a police certificate before applying?

No. Home Affairs specifically instructs applicants not to arrange police certificates until they are asked. Home Affairs requires character documents but instructs applicants not to arrange police certificates until they are asked.