What Does Regulation 1.15AA Require for a Subclass 836 Carer in 2026?
A plain-English guide to Regulation 1.15AA, including the medical, direct-care and two-year tests for a Subclass 836 application.
As of July 2026, the Australian Government Department of Home Affairs’ official Carer visa (Subclass 836) page says an applicant must be willing and able to provide ongoing substantial care and continuing support or assistance to an Australian relative, or to a family member living with that relative, because the person has a medical condition. Under regulation 1.15AA of the Migration Regulations 1994, the medical condition must require direct care for at least 2 years. The Department’s current instructions also require the person needing care to obtain a medical certificate from Bupa Medical Visa Services.
This article provides general information, not personalised legal advice; the current legislation and the evidence in an individual matter must determine the outcome.
What are the three core requirements under regulation 1.15AA?
For a Subclass 836 decision, regulation 1.15AA requires three elements to be established together:
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A medical condition requiring direct care.
The person needing care must have a medical condition that requires direct care. The clinical element is linked to an assessment by a Medical Officer of the Commonwealth. For Subclass 836, Home Affairs specifies a medical certificate from Bupa Medical Visa Services. -
Care necessary for at least 2 years.
The required care must be necessary for at least 2 years because of the medical condition. A personal promise to provide care for two years does not replace the medical evidence supporting that duration. -
An applicant who is willing and able to provide the care.
The applicant must be both willing and able to provide the required care. Home Affairs describes this in practical terms as providing “ongoing substantial care and continuing support or assistance” and says applicants should fully understand the person’s medical condition and care needs.
These requirements are cumulative. A medical condition by itself is insufficient if the required care, its duration or the applicant’s ability to provide it is not established.
Who can be the person receiving care?
Under the current Home Affairs eligibility description, care may be provided to an Australian relative who needs care. It may also be provided to a family member who lives with that Australian relative and needs care.
That description does not make every relative an eligible person receiving care. The applicant must still establish the correct relationship, the care recipient’s circumstances, the sponsor’s eligibility and the other visa requirements.
What does “direct care” mean in this test?
The care must be connected to the medical condition rather than being ordinary occasional family help. Home Affairs describes the required care as ongoing and substantial, with continuing support or assistance.
The public eligibility page does not state a fixed weekly-hours number. The amount of care stated in the medical assessment is therefore more important than a self-selected hours figure or a general description such as “I help whenever needed”. The assessment must connect the person’s condition with the care that is actually required.
The applicant’s role also goes beyond holding a family relationship. Home Affairs expects the applicant to understand the condition and the nature of the care needs. Willingness without a realistic ability to provide the required assistance may not satisfy the definition.
Must the two-year period of care already have passed?
The official material frames the two-year period as how long the care will be necessary because of the medical condition. It does not state that the applicant must already have completed two years of caregiving before lodging the application.
That does not make the period optional. The medical evidence must support a need for care lasting at least 2 years. If the assessment does not establish that duration, a personal undertaking to continue helping for two years is not a substitute.
What Bupa evidence is needed, and when?
Home Affairs requires the Australian relative who needs care, or their family member who lives with them and needs care, to be assessed by Bupa Medical Visa Services. The medical certificate must state that the person has a medical condition and requires a certain amount of care.
The application process has several separate timing rules:
- The visa application will not be accepted unless there is evidence that the Bupa assessment process has at least begun.
- If the assessment has started but is not complete, a letter from Bupa Medical Visa Services confirming this can be provided.
- If the medical certificate is not supplied when the application is lodged, it must be provided within 3 months.
- If Home Affairs still does not have the medical certificate when it decides the application, the visa will not be granted.
Starting the assessment is therefore different from completing it, and providing the final certificate is a separate step.
Why does access to care in Australia matter separately?
The current application instructions also require written evidence that the person needing care does not have reasonable access to care in Australia. This issue is different from proving that the person has a medical condition and needs substantial care.
The public Home Affairs page does not provide a single distance or waiting-time formula. The evidence must address the person’s actual circumstances rather than assume that a medical assessment automatically establishes an absence of reasonable care nearby.
Failure to answer this point can leave an otherwise substantial care claim incomplete.
Where do disputes usually arise?
The main points of disagreement are the connections between the required pieces of evidence:
- Medical condition and direct care: A diagnosis may be documented without clearly establishing what care the condition requires.
- Duration: The medical evidence may not support care being necessary for the full 2 years, or may leave the required duration unclear.
- Nature of the care: Describing care as “substantial” does not by itself explain why the required support is ongoing, continuing or substantial.
- Willingness and ability: The applicant may have the intention to care but not adequately address understanding of the condition, the care needs or the practical ability to provide them.
- Identity of the person receiving care: The evidence may not establish that the person is the Australian relative or the family member who lives with that relative.
- Access to care and assessment timing: The application may not address reasonable access to care in Australia, may not show that the Bupa process began, or may not include the final certificate on time.
The strongest evidence therefore addresses each link separately rather than relying only on the family relationship, the word “carer” or a general statement of commitment.
Is satisfying regulation 1.15AA enough to obtain the visa?
No. Regulation 1.15AA determines whether the applicant meets the legal definition of a carer, but it is only one part of Subclass 836 eligibility.
Clause 836.212 requires the applicant to claim to be the carer of an Australian relative. Clause 836.221 requires the applicant to satisfy the regulation 1.15AA definition when the decision is made. A claim alone therefore does not establish eligibility.
The current official criteria also include an approved eligible sponsor, the applicable substantive-visa requirement, health, character, repayment of any debt to the Australian Government, the Australian Values requirement where applicable and best-interests requirements for children.
The visa application must also be submitted on paper. The applicant must be in Australia, but not in immigration clearance, when the application is lodged and when Home Affairs decides it.
Frequently Asked Questions
What are the three main elements of regulation 1.15AA?
The test covers a medical condition requiring direct care, a need for that care lasting at least 2 years and an applicant who is willing and able to provide it. Home Affairs describes the required care as ongoing and substantial care and continuing support or assistance. All elements must be supported.
Must I have already provided care for two years before applying?
The official material focuses on how long the care will be necessary because of the medical condition. It does not state that two years of caregiving must already have been completed. A personal promise to care for two years cannot replace the required medical evidence.
What must the Bupa medical certificate establish?
The person needing care must be assessed by Bupa Medical Visa Services and obtain a medical certificate. The certificate must state that the person has a medical condition and requires a certain amount of care. It supports the clinical part of the application but does not establish every Subclass 836 requirement.
Can the person receiving care be a family member of my Australian relative?
Yes. Home Affairs says care may be provided to a family member who lives with the Australian relative and needs care. The care recipient category does not remove the separate sponsor, relationship and evidence requirements.
Can I apply while the Bupa assessment is still underway?
The application will not be accepted unless there is evidence that the Bupa assessment process has begun. If the assessment has started but is unfinished, a letter from Bupa confirming this can be provided. If the certificate is omitted from the application, it must be supplied within 3 months.
What does “reasonable access to care in Australia” mean?
It is a separate issue from whether the person has a medical condition or needs substantial care. The current official instructions require written evidence that the person does not have reasonable access to care in Australia. The public page does not state a single distance or waiting-time formula.
Does a favourable Bupa certificate guarantee a Subclass 836 visa?
No. The certificate is important evidence, but the applicant must also be willing and able to provide the care and satisfy the sponsor, visa-status, health, character and other applicable requirements. A medical certificate is necessary evidence, not a guarantee of the outcome.