carer visa subclass 836 eligibility process refusal
carer visa subclass 836 eligibility process refusal
If you already are in Australia looking after a relative with a medical condition that has a long-term nature, the Carer Visa 836 is probably the visa that your migration agent or lawyer has discussed with you. It’s permanent, it’s onshore-only, and it’s one of the more closely examined categories of family visas to go – so much so that “care” and “no reasonable alternative” are interpreted with a fair degree of strictness by the Department of Home Affairs. If you are in the process of applying, here are the important factors to take into consideration.
What is subclass 836 visa
It is not the same to have a business in Australia as it is to live in Australia and run a business from day to day. A company doesn’t require an owner or director to be resident; it is enough if at least one director ordinarily resides in Australia – the company can be registered and shares held, and the company can even be directed entirely from outside Australia without the need for a visa. The visa issue only arises when you are ready to visit physically, to work in the business yourself. Many prospective business owners in australia for foreigners make this mistake, thinking that company registration and immigration approval are one and the same. They are not and mixing the two up is one of the most frequent early pitfalls.
What's changed with visas in 2026?
The carer visa subclass 836, is a subclass visa that lets applicants in Australia to qualify for permanent residency due to their ongoing care for a relative. Subclass 116 is the offshore subclass with the same criteria and different location at time of application. If you’re applying from within Australia, it’s subclass 836.
After receiving, you may reside, work and study in Australia permanently, access Medicare, and may apply for citizenship upon meeting residency requirements.
Who can apply
The general requirements for an onshore subclass 836 carer visa application are:
- Be in Australia at the time of application (usually a Bridging Visa A will not be enough, but if you are in Australia while your substantive visa is being processed it is fine).
- Be a relative of the person requiring care – this is a very specific definition under the regulations and not just anyone who is close to the person needing care: parent, child, sibling, and other family relationships.
- Be able to offer “substantial and continuing care” – not occasional care, but a real, proven ability to take over the caring role in the long term.
- Pass health and character requirements (including dependent family members listed on the application).
The Application Process Explained
- Medical evaluation of the sponsor (typically conducted by an independent panel evaluation, arranged by the Department, to establish the condition and the extent of the sponsor’s actual need for care.
- Evidence of the relationship and care need – medical reports, statutory declarations, evidence of suitability of the carer, evidence that alternative care is not reasonably available.
- Lodging the application – visa applications are not lodged online like they are in the normal ImmiAccount process but will instead be sent to the appropriate processing centre, which can come as a surprise to those who are accustomed to the full online visa application process.
- Waiting for assessment – processing times are very variable and can be much longer than a year, depending on the level of assessment of medical and care evidence.
- Decision and, upon approval, permanent residency (including Medicare coverage, work and study permission and eventual citizenship).
Major Causes Of Rejection
- Lack of medical documentation – a diagnosis is not sufficient, the Department must have a clear indication of the level of impairment and the need for continued care.
- Not showing “no reasonable alternative” – this is probably the most frequent reason for refusal. The application may be denied even if there is a real medical need if there is another Australian relative who can reasonably provide care or an accessible aged care or disability service.
- A period of time that the applicant has not had a substantive visa (or been solely on a bridging visa without an underlying substantive visa) can invalidate the application.
- Limited evidence of the caring relationship – general statements about the caring relationship in the statute or inconsistent timelines in the carer’s account and the sponsor’s medical reports.
- Lack of disclosure or resolution of character or health problems with the applicant or any family members included.
Looking for the Best Visa Consulting?
LIVV Immigration provides a suite of services pertaining to immigration and visa issues.