Carer Visa (Subclass 116 & 836)

This is a permanent residency visa allowing for someone to move to Australia to provide care for an Australian relative who has a long-term or permanent medical condition or to assist a relative who is providing care to a member of the family with a long-term or permanent medical condition.

Subclass 116 is for visa applicants who are outside Australia at the time of lodgement and subclass 836 is for visa applicants who are in Australia at the time of lodgement.

A carer is defined by r 1.15AA as:

  1. An applicant for a visa is a carer of a person who is an Australian citizen usually resident in Australia, an Australian permanent resident or an eligible New Zealand citizen (the resident) if:
    • (a) the applicant is a relative of the resident; and
    • (b) according to a certificate that meets the requirements of sub-regulation
    • (i) a person (being the resident or a member of the family unit of the resident) has a medical condition; and
    • (ii) the medical condition is causing physical, intellectual or sensory impairment of the ability of that person to attend to the practical aspects of daily life; and
    • (iii) the impairment has, under the Impairment Tables (within the meaning of subsection 23(1) of the Social Security Act 1991), the rating that is specified in the certificate; and
    • (iv) because of the medical condition, the person has, and will continue for at least 2 years to have, a need for direct assistance in attending to the practical aspects of daily life; and
    • (ba) the person mentioned in subparagraph
    • (b)(i) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
    • (c) the rating mentioned in subparagraph (b)(iii) is equal to, or exceeds, the impairment rating specified in a legislative instrument made by the Minister for this paragraph; and
    • (d) if the person to whom the certificate relates is not the resident, the resident has a permanent or long-term need for assistance in providing the direct assistance mentioned in subparagraph (b)(iv); and
    • (e) the assistance cannot reasonably be: (i) provided by any other relative of the resident, being a relative who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or (ii) obtained from welfare, hospital, nursing or community services in Australia; and
    • (f) the applicant is willing and able to provide to the resident substantial and continuing assistance of the kind needed under subparagraph (b)(iv) or paragraph (d), as the case requires.
  2. A certificate meets the requirements of this sub-regulation if:
    • (a) it is a certificate: (i) in relation to a medical assessment carried out on behalf of a health service provider specified by the Minister in an instrument in writing; and (ii) signed by the medical adviser who carried it out; or
    • (b) it is a certificate issued by a health service provider specified by the Minister in an instrument in writing in relation to a review of an opinion in a certificate mentioned in paragraph (a), that was carried out by the health services provider in accordance with its procedures.
  3. The Minister is to take the opinion in a certificate that meets the requirements of subregulation (2) on a matter mentioned in paragraph (1)(b) to be correct for the purposes of deciding whether an applicant satisfies a criterion that the applicant is a carer.

The sponsor must be the relative for whom the applicant is providing care or the spouse of that relative. The Australian relative in need of care must be assessed by Bupa Medical Visa Services as per legislative instrument IMMI 14/085.

To sponsor someone as a carer Form 40 – Sponsorship for migration to Australia must be completed and lodged alongside the visa application. The sponsor must arrange for adequate accommodation for the applicant.

Partners, children, step-children or partner’s step-children can be included in the visa application at the time of lodging. Documentary evidence of their relationship to the applicant must be provided.

This category of visa applications is subject to capping and queuing, and current planning advice suggests that carer visa applications that are queued are likely to take approximately four and a half years before final processing.

Why Choose Aries?

The whole ‘lawful visa acquisition’ process can be one lengthy and paperwork intensive task. Our Immigration Lawyers are well versed with the varied requisites and provisions and have helped over a thousand people across a wide range of work profiles and family status. Aries Lawers focuses on making the whole process easy and swift while you can concentrate on other important business. Head over to our Enquiry page by clicking on the button below, take a short and interactive visa interview therein for FREE and our team gets back to you in a jiffy.

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