A Carer visa application no longer meets the carer criterion in clause 836.221 or 116.221 of the Migration Regulations 1994 (Cth), which is tested on the day of decision, if the person you care for dies before the visa is granted.
The applicant tells the Department in writing as soon as practicable, on Form 1022 under section 104 of the Migration Act 1958 (Cth). The family then chooses between withdrawing the application and waiting for a decision that the law points towards refusal.
| Change | Criterion it touches | Law | What to do |
|---|---|---|---|
| The Australian relative you care for dies | being the carer of that relative, at decision | cl 836.221 and 116.221; reg 1.15AA(1) | Form 1022, then decide whether to withdraw or wait |
| A family member you care for dies, and the Australian relative is alive | whose need the certificate shows | reg 1.15AA(1)(b)(i) and (d) | Form 1022, then ask about a new assessment |
| They move into residential care | whether care is available from services, and whether you still give substantial and continuing help | reg 1.15AA(1)(e)(ii) and (f) | Form 1022 |
| They recover or need less care | a need lasting at least 2 years, and a rating of at least 30 | reg 1.15AA(1)(b)(iv) and (c) | Form 1022 |
| The sponsor dies | the sponsorship being "still in force" | cl 836.227 and 116.222 | Tell the Department and ask about eligibility |
What happens to a Carer visa if the person you care for dies?
A Carer visa application stops meeting the carer criterion when the person you care for dies, because the law asks on the day of decision whether the applicant is a carer of that Australian relative.
What happens to the charges:
- The first instalment is not refunded for this reason. Regulation 2.12F(2)(c) refunds it when the applicant dies before the decision, not when the relative does.
- The second instalment of A$2,065 per person is not payable if the application is withdrawn or refused before it is paid (reg 2.12G). For a Carer visa it is invoiced only after release.
For visas other than partner visas, the Department's death of your sponsor page says to complete Form 1022 and email it to the office processing the application.
Why must the need for care still exist at the Carer visa decision?
The need for care must still exist at the Carer visa decision because clauses 836.221 and 116.221 are criteria "to be satisfied at time of decision", and a queue date does not lock them in.
- The certificate's test. Under regulation 1.15AA(1)(b)(iv), the certificate must show a need for direct assistance that the person "will continue for at least 2 years to have".
- The certificate's weight. The decision-maker must treat the certificate's opinion as correct (reg 1.15AA(3)).
- The timing risk. With the Department estimating 12 years for a new application, the facts at release can be very different from the facts at lodgement. The Department asks for up-to-date information when it releases a queued application.
- The certificate's shelf life. No validity period for a Bupa Carer Visa Assessment Certificate is published, and the Department has not said whether it asks for a new assessment at release.
What if they move into residential care?
If they move into residential care, the application turns on two tests.
- Whether help is available elsewhere. The first test is whether the help they need still cannot reasonably be obtained from welfare, hospital, nursing or community services in Australia (reg 1.15AA(1)(e)(ii)).
- Whether you still give it. The second is whether you are still willing and able to give them "substantial and continuing assistance of the kind needed" (reg 1.15AA(1)(f)).
The Department publishes no guidance on residential care for Carer visas. The answers on Form 47OF about other relatives and about services approached (questions 69 to 71) may no longer be correct. Section 104 requires the applicant to correct them in writing.
What if they recover or need less care?
If they recover or need less care, the Carer visa fails once the certificate no longer shows an impairment rating of at least 30 and a need for direct assistance lasting at least 2 years.
- The threshold. The rating of 30 is set by the Migration (IMMI 17/126: Impairment Rating) Instrument 2017, under regulation 1.15AA(1)(c).
- Challenging the rating. Because the certificate binds the decision-maker on these medical questions, a family cannot argue the rating with the Department. The route is the provider's own review of its certificate (reg 1.15AA(2)(b)).
What if the Carer visa sponsor dies instead?
If the Carer visa sponsor dies instead, the Department asks to be told as soon as possible. The application then depends on whether the sponsorship is still in force at the decision, as clauses 836.227 and 116.222 require.
- What the Department says: a person whose sponsor dies "might still be eligible for a visa in certain situations", and should check eligibility with the office processing the application.
- What the Regulations say: Parts 116 and 836 contain no provision about a sponsor's death.
- What Form 40 says: a carer's sponsor "usually cannot be changed once the sponsorship application form is lodged".
There are two different situations:
- The sponsor was also the person you care for. The carer criterion fails as well, as described above.
- The sponsor was the relative's cohabiting spouse or partner, and the relative is alive. Only the sponsorship question arises.
How the Department treats a deceased sponsor's approved sponsorship is not published.
Can a different person be assessed for the Carer visa?
A different person can be assessed for the Carer visa only inside the Australian relative's family unit. The certificate may relate to the resident or to a member of the resident's family unit, but the carer must remain the carer of the Australian relative named in the application.
- What the law allows. Regulation 1.15AA(1)(b)(i) lets the certificate cover "the resident or a member of the family unit of the resident". If that person is not the resident, the resident must have "a permanent or long-term need for assistance in providing the direct assistance" (reg 1.15AA(1)(d)).
- What cannot change. The Australian relative cannot be swapped, because clause 836.221 points back to the person claimed at application.
- The process. Any new assessment starts again with a signed Statement of Assistance and the provider's booking process.
- Still open: whether the Department accepts a new certificate for another family member of the same relative is not published.
Who do you tell, and how?
You tell the Department's Other Family processing centre in writing, on Form 1022 with evidence of the change. Send it through ImmiAccount if the paper application has been imported, or through the Other Family Visa Processing Centre online form if not.
- Complete Form 1022. Complete Form 1022, Notification of changes in circumstances (design date 03/18). Every applicant aged 18 or over signs it.
- Attach the evidence. This could be a death certificate, or a letter confirming the move into care.
- Send it. Upload it in ImmiAccount if the paper application has been imported, which has been possible since 23 July 2025. Otherwise attach it to the Other Family Visa Processing Centre online form.
- Keep a copy and a note of the date you sent it.
An 836 applicant must report changes until the visa is granted, and a 116 applicant until immigration clearance on arrival (s 104(2)–(3)). Every other kind of update is covered in the guide to telling the Department about changes.
Should you withdraw the Carer visa or wait for a decision?
Whether you withdraw the Carer visa or wait for a decision depends on what a refusal would cost you that a withdrawal would not.
| Compared | Withdraw | Wait for the decision |
|---|---|---|
| Counts as a refusal? | No (Migration Act s 49(3)) | Yes |
| Section 48 bar for an 836 applicant with no other visa | No | Yes |
| Review | None | Administrative Review Tribunal within 28 days, fee A$3,727 |
| Bridging visa A (836) | Ends 35 days after the withdrawal (cl 010.511(1)(b)(v)) | Ends 35 days after the refusal, or after a Tribunal decision |
| First instalment | Not refunded | Not refunded |
Where the Department relies on information that did not come from the applicant, section 57 of the Act requires it to give particulars and invite comment before refusing, in a section 57 natural justice letter. A death the family reports itself on Form 1022 falls outside that duty, so no such letter is required before a refusal. For an 836 the applicant seeks review, and for a 116 the sponsor does (ss 347 and 347A).
This guide's reading: where the Australian relative has died, a review cannot bring back the criterion, so the choice usually turns on the section 48 bar and the record of a refusal. How to withdraw, and what is refunded, is set out in withdrawing a Carer visa application.
What does a death in the queue mean for the Carer visa application?
A death in the queue means three things for the Carer visa application.
- The links are tested again at decision. The relative's condition, the assessment and the care must all still hold on the day of decision. Each link is set out in Carer visa eligibility.
- A refusal has consequences. It brings review rights and, for an onshore applicant with no other visa, the section 48 bar. The refusal guide sets out the common grounds and your next step.
- Nothing moves the queue. The queue itself does not speed up or slow down for a change in the family. How it works is explained under capping and queueing.
The whole guide starts at Carer Visa Australia.
A registered professional makes a grant more likely
After a death or a move into care, the choice between withdrawing and waiting decides whether an 836 applicant carries a refusal and a section 48 bar, and a refusal leaves only 28 days to seek review. A registered migration agent or an Australian legal practitioner reads the letters and the file with the family, which makes the next application or review more likely to succeed, though never certain.
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