Purpose of 836 Carer Visa
The purpose of the subclass 836 Carers Visa is to recognise the kinship ties and bonds of mutual dependency and support within families on the principle of union of families.
This carer visa lets the carer of the Australian relative apply for a permanent visa.
Visa Cost of Subclass 836 Carer Visa
|First instalment of 836 Visa|
|1||Base Application Charge for 836 Visa||$1 880|
|2||Additional applicants charge for an applicant who is at least 18 for 836 Visa||$940|
|3||Additional applicants charge for an applicant who is less than 18 for 836 Visa||$470|
|Item||Applicant of 836 Carer Visa||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 of 836 visa||$2 065|
Location of applicant at the time of application of Visa 836 Carer Visa
Application of 836 visa must be in Australia but not in immigration clearance.
*Application of 836 visa by a person claiming to be a carer must be accompanied by satisfactory evidence that the relevant medical assessment has been sought. This evidence needs to be provided at the time of the application.
Criteria to be fulfilled at the time of the application of Visa 836 Carer Visa
- A) The applicant of 836 Visa should be a holder of a substantive visa other than the subclass 771 Transit Visa.
(B) The applicant of 836 visa who is not a holder of substantive visa immediately before ceasing to hold a substantive visa was not the holder of subclass 771 Transit Visa and the application is validly made within 12 months of the following date:
If the applicant of 836 visa ceased to hold a substantive visa or criminal justice visa or entered Australia unlawfully after 1st September 1994, application is lodged within 12 months of the last day when the applicant held a substantive or a criminal justice visa or the day when the applicant last entered Australia unlawfully.
If the last substantive visa was cancelled and the tribunal set aside the cancellation decision, the application for visa 836 is validly made within 12 months of the later of the day the last day when the applicant’s substantive visa ceased, and the applicant was notified that applicant had a positive review of cancellation being set aside by the tribunal.
- The applicant of 836 visa claims to be the carer of an Australian relative.
Who is an Australian relative?
Australian relative of a 836 visa applicant is a relative who is an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen.
Who is a Carer?
An applicant for a subclass 836 Carer visa is a carer of a person who is an Australian citizen, Australian Permanent Resident or an eligible New Zealand Citizen who is usually resident in Australia.
The applicant of subclass 836 carer visa is a relative of the Australian citizen, Australian Permanent Resident or an eligible New Zealand Citizen who is usually resident in Australia and provides a certificate signed by the health service provider specified by the Minister with an opinion stating the following:
- The concerned Australian citizen, Australian Permanent Resident or an eligible New Zealand Citizen has a medical condition that is causing them physical, intellectual, or sensory impairment of the ability to attend to the practical aspects of daily life.
- The certificate should include the impairment rating as per impairment tables within subsection 23(1) of the Social Security Act 1991. The rating mentioned should be equal to or exceed 30 as per legislative instrument made by the minister.
- Medical condition will continue for 2 years and the concerned Australian citizen, Australian Permanent Resident or an eligible New Zealand Citizen will need direct assistance of the carer in attending to the practical aspects of life.
- This assistance cannot reasonably be provided by any other relative who is an Australian citizen, Australian Permanent Resident, or an eligible New Zealand Citizen or obtained from welfare, hospital, nursing, or community services in Australia.
Who is a relative?
In case of subclass 836, 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.
- 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 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.
If the sponsor has been lawfully resident for 2 years at the time of the 836 visa application discounting short trips outside Australia for 4 months.
- If the sponsor is currently in Australia but has been outside Australia for more than 4 months immediately before the 836 visa application, they must provide documentary evidence such as evidence of house ownership/ lease, evidence of ongoing employment in Australia etc.
- If the sponsor is not in Australia for 2 years immediately before the 836 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.
A person who has never entered Australia could not be found to be usually resident in Australia as they have never established their physical presence in Australia.
Under policy, it may be accepted that the sponsor is usually resident in Australia in the absence of information that suggests otherwise if the sponsor:
- holds a permanent visa and
- is residing in or has previously resided in Australia.
Further Criteria to be satisfied at the time of the grant of 836 Carer Visa
- The applicant of visa 836 continues to remain the carer of the sponsoring Australian relative.
- The applicants of 836 visa must satisfy the character criteria. If you have any prior convictions or legal troubles, please contact us at Oracle Immigration Consultants to see if you are eligible for the subclass 836 visa.
- The visa 836 applicant should not have anu outstanding commonwealth debts or should have made appropriate arrangements to pay those debts.
- Applicants of 836 visa must take medical assessment and satisfy the health criteria.
- No bogus documents should have been provided in the current 836 visa application and in the last 3 years before the application, applicant’s visa should not have been cancelled due to bogus documents, misleading or false information.
- In the last 10 years, 836 visa applicant should not have their visa refused for failing to satisfy the minister of their identity.
- Applicant of visa 836 must hold a valid passport.
- The sponsorship needs to be approved by the minister and still in force.
Location of applicant at the time of grant of Subclass 836 Carer Visa
Applicant of 836 visa must be in Australia but not in immigration clearance at the time of the grant of the subclass 836 visa.
The second instalment for 836 visa must be paid before the visa can be granted unless the minister is satisfied that the second instalment has caused or will cause severe financial hardship to the applicant or sponsor.
Visa Period for 836 Visa
The applicant of 836 visa is granted a permanent visa for 5 years from the date of grant.