Visa Cancellation, Past Refusals and Unpaid Debts: Subclass 838 Eligibility in 2026

A cancelled visa, a refused application or money owed to the Australian Government does not appear on the Aged Dependent Relative visa (Subclass 838) eligibility list as an automatic bar — but it does appear as two separate items that have to be satisfied alongside everything else. According to the Australian Department of Home Affairs' Aged Dependent Relative visa (Subclass 838) official page, as at the official page in August 2026, the Department considers your immigration history when it decides the application, and any debt you or your family members owe the Australian Government must have been repaid or covered by an approved arrangement to pay it back.

This article is general information about how those published criteria work, not an assessment of your own record; because decisions turn on individual facts, check the current official pages or speak to a qualified professional about your situation.

Does a cancelled visa or a past refusal make me ineligible?

It can. The eligibility list states that the Department will consider your immigration history when making a decision, and says you might not be eligible if you have had a visa cancelled or an application refused.

The same section adds that in some circumstances you may still apply for a permanent visa even with a cancellation or refusal behind you. So the criterion is written as a consideration of your history rather than a stated automatic exclusion, but the outcome depends on what that history contains.

What counts as immigration history here?

The official page names two things in this criterion: a visa that has been cancelled, and a previous application that was refused. It does not describe how much weight each carries, how long ago the event has to be, or which kinds of cancellation are treated more seriously.

What you can take from the wording is practical: the assessment looks backwards at your record, and a cancellation or refusal is part of what gets weighed. Anything finer than that is not set out on the eligibility page.

If I'm in Australia, what limits apply to applying?

If you are in Australia and you have had a visa cancelled or an application refused, the Department directs you to its "Limitations on applications in Australia" document (Form 1026i). That document is where the circumstances in which a permanent visa application can still be made onshore are set out.

There is a second, separate limit that applies whether or not you have a cancellation history: the visa you currently hold must not have a no further stay condition on it. Your visa conditions are shown in VEVO, which is the Department's visa entitlement verification system.

If I'm outside Australia, what applies instead?

For people applying from outside Australia, the official page points to its "Can I go to Australia" page, which covers re-entry bans. That is the page the Department uses to explain whether a person can return after a cancellation or removal.

The page does not list ban lengths or waiver rules in the eligibility section, so treat the re-entry ban page as the place to confirm your own position rather than assuming the onshore rules apply to you.

Do I have to clear my debt to the Australian Government first?

Yes, in one of two ways. If you or any family members owe the Australian Government money, the money must have been paid back, or there must be an approved arrangement in place to pay it back. Both options satisfy the criterion; an informal promise or a plan you have not had approved does not, on the wording used.

Note that this is not the same thing as the assurance of support, even though both concern money. An assurance of support is a separate requirement that assures the Department you will not have to rely on government assistance after you enter Australia on this visa, and it covers you and any family members who come with you on the visa. The Department will tell you when the assurance of support is needed.

What else has to be true at the same time?

Every item on the list has to be met; the debt and immigration history criteria are two of eleven.

Requirement	What the official page says
Sponsor	You must be sponsored by an eligible relative or a relative's partner, and the sponsorship must be approved
Age	You must be old enough to receive the age pension in Australia
Dependence	You must have depended on your Australian relative for food, shelter and clothing for at least the last 3 years before you apply; disability that prevents you from working can be the reason
No partner	You must have no partner
Current visa	The visa you hold must not have a no further stay condition
Assurance of support	You must be able to obtain one, covering you and family members coming with you
Health	You and any family members applying with you must meet the health requirement; other family members may also be asked
Character	You and family members applying with you must meet the character requirement; other non-migrating family members may also be asked
Debt to government	Repaid, or covered by an approved repayment arrangement
Immigration history	Considered at decision time; a cancellation or refusal may affect eligibility
Best interests of the child	The visa will not be granted if that is not the case for an applicant under 18

How do I work through this in order?

Check your current visa conditions in VEVO first.

Confirm whether a no further stay condition is attached.

Write down any money you or your family members owe the Australian Government.

Repay it in full, or get an approved arrangement in place.

Read "Limitations on applications in Australia" (Form 1026i) if you are in Australia with a cancellation or refusal.

Check your sponsor's eligibility and whether the sponsorship can be approved.

Confirm you meet the age, dependence and no partner criteria before lodging.

Assume an applicant who had a student visa cancelled two years ago and still has an unpaid government debt: even if she is sponsored, of age and dependent on her daughter, the debt item is not met until it is repaid or under an approved arrangement, and the cancellation stays part of the immigration history the Department weighs.

Frequently Asked Questions

Can I still get a Subclass 838 if my visa was cancelled?

The official page says the Department considers your immigration history, so a cancellation might make you ineligible. It also says that in some circumstances you may still apply for a permanent visa, and refers onshore applicants to "Limitations on applications in Australia" (Form 1026i).

Does an old refusal from years ago still count?

The eligibility page names "a previous application refused" without giving any time limit, so a past refusal is part of the history that is considered. How much it affects the decision is not described on the page.

Is a payment plan enough for the debt requirement?

Yes, if the arrangement has been approved. The criterion is satisfied either by paying the money back or by having an approved arrangement in place to pay it back, and it covers you and any family members who owe the money.

Does a family member's debt affect my application?

Yes. The official wording covers you or any family members who owe the Australian Government money. The same pattern appears in the health and character criteria, where family members applying with you — and sometimes others — are also assessed.

My current visa has a no further stay condition — does that stop me?

Yes, on the eligibility list as published. The visa you currently hold must not carry a no further stay condition, and your conditions can be checked in VEVO.

Does clearing the debt guarantee the visa is granted?

No. The debt criterion is one of eleven, and all of them must be met, including sponsorship, age, dependence, assurance of support, health and character. The grant also remains subject to the best interests of any applicant under 18.