Subclass 114 Aged Dependent Visa -Offshore

What is the purpose of Subclass 114 Aged Dependent Visa?

The purpose of the Aged Dependent Relative subclass 114 Visa promotes the principle of family unity by allowing an aged dependent relative to enter and remain in Australia on a permanent visa for family wellbeing and social bonding.

Visa Cost of 114 Visa

First Instalment for 114 Visa 
Item Component Amount
1 Base Application charge for 114 Visa $4 990
2 Additional applicants charge for an applicant who is at least 18 $2 495
3 Additional applicants charge for an applicant who is less than 18 $1 250
Second Instalment for 114 Visa
Item Applicant Amount
1 Applicant: (a)  who is a carer; and (b)  in relation to whom the Minister has determined that the second instalment of the visa application charge should not be paid because the Minister is satisfied that payment of the instalment has caused, or is likely to cause, severe financial hardship to the applicant or to the person of whom the applicant is a carer. Nil
2 Any other applicant for 114 Visa $2,065

Location of the Applicant

Visa 114 Applicant must be outside Australia at the time of application.

What is the criteria to be fulfilled at the time of the visa 114 application?

    • The applicant is an aged dependent relative of an Australian citizen, Australian permanent resident, and eligible New Zealand citizen.

Who is an Australian relative of a visa 114 applicant?

Australian relative of an applicant is a relative who is an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen.

Who is an Aged Dependent Relative of a visa 114 applicant?

Aged Dependent relative is a relative of an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen who:

Does not have a spouse or a de facto partner. And

Has been dependent on and remains dependent on the Australian relative. And

Is old enough to be granted an age pension under the Social Security Act 1991.

The pension age will gradually increase from 65 to 67 years as per the following table.

Period within which a person was born Pension age Date pension age changes
From 1 July 1952 to 31 December 1953 65 years and 6 months 1 July 2017
From 1 January 1954 to 30 June 1955 66 years 1 July 2019
From 1 July 1955 to 31 December 1956 66 years and 6 months 1 July 2021
From 1 January 1957 onwards 67 years 1 July 2023

Who is a relative?

In case of subclass 114, a relative is defined as a grandparent, grandchild, aunt, uncle, niece or nephew, or a step-grandparent, step-grandchild, step-aunt, step-uncle, step-niece, or step-nephew, spouse or a de facto partner, child, parent, brother, sister, stepchild, stepbrother or stepsister or an Australian Citizen, Australian Permanent Resident, or an Eligible New Zealand Citizen.

How to define Dependent?

A person is dependent on other person when that person is for a substantial period wholly or substantially reliant on the other person financially for basic needs such as food, clothing, and shelter and that reliance is on that person is greater than on anybody else.

OR

The first person is wholly or substantially reliant on the other person for financial support because the first person is incapacitated for work due to the total or partial loss of the first person’s bodily or mental functions.

Under policy specific to this provision, a reasonable period is taken to be 3 years.

    • The applicant of 114 visa is sponsored by the Australian relative or by their cohabiting spouse or de facto partner who has turned 18 years of age and is a settled Australian citizen, Australian permanent resident, and eligible New Zealand Citizen and usually resident in Australia.

An Australian citizen, Australian permanent resident or an eligible New Zealand citizen will be considered settled for a 114 visa if they are lawfully resident in Australia for a reasonable period.

As per policy a sponsor will be considered settled (reasonable period) in the following 3 cases.

    1. If the sponsor has been lawfully resident for 2 years at the time of the 114 visa application discounting short trips outside Australia for 4 months.
    2. If the sponsor is currently in Australia but has been outside Australia for more than 4 months immediately before the 114 visa application, they must provide documentary evidence such as evidence of house ownership/ lease, evidence of ongoing employment in Australia etc.
    3. If the sponsor is not in Australia for 2 years immediately before the 114 visa application, they need to provide documentary evidence to establish the settled requirement.  Evidence such as house ownership in Australia and children studying in Australian schools can be provided as evidence.

Further Criteria to be satisfied at the time of the grant of Subclass 114 Aged Dependent Relative Visa?

    • The applicant of 114 visa continues to remain the aged dependent relative of the sponsoring Australian relative. Example: Aged Dependent relative has not married etc.
    • The Minister is satisfied that an assurance of support in relation to the visa subclass 114 applicant has been accepted by the Secretary of Social Services.

An AOS request letter is sent by immigration to the visa 114 applicant which includes:

    • case file number.
    • names and dates of birth of all visa applicants included in the application.
    • visa subclass.
    • date the visa application was made.

The letter advises the subclass 114 visa applicant to ask the assurer to lodge an online application or take a completed paper-based application to Centrelink with the original request letter to initiate the AOS assessment.

    • Applicants of 114 visa must take medical assessment and satisfy the health criteria.
    • No bogus documents should have been provided in the current application and in the last 3 years before the 114 visa application, applicant’s visa should not have been cancelled due to bogus documents, misleading or false information.
    • In the last 10 years, visa 114 applicant should not have their visa refused for failing to satisfy the minister of their identity.
    • Applicant of subclass 114 visa must hold a valid passport.
    • The sponsorship needs to be approved by the minister and still in force.
    • Applicant of an Aged Dependent Relative visa should not have been deported due to character concerns.

Location at the time of grant of Visa Subclass 114

Applicant must be outside Australia at the time of the grant of their subclass 114 visa.

Visa period Subclass 114

The applicant is granted a permanent visa for 5 years from the date of grant.

What are the visa Conditions imposed on 114 visa after the visa has been granted?

    • Visa 114 holder must enter Australia before the date specified by the minister.
    • Condition 8504: Condition 8504 may be imposed stating that visa 114 holder must not enter Australia before the date specified by the minister.
    • Condition 8515: Condition 8504 may be imposed stating that visa 114 holder must not marry or enter a de facto relationship before entering Australia.

 

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