The Department of Immigration recently made changes to regulations regarding who is classified as a member of the family unit. (MoFU)
These changes can have a significant impact on who can be included in most visa applications lodged on and after 19 November 2016. This does not include Protection, refugee and humanitarian visas.
Applications received before 19 November 2016 will be assessed under the regulation 1.12 provisions that applied at the time of lodgement.
These changes limit the secondary visa applicants for permanent visa subclass and some provisional and temporary visa subclass.
A person will be a MoFU of another person (the family head) if the person:
- is a spouse or de facto partner of the family head, or
- is a child or step child of the family head or of a spouse or de facto partner of the family head (other than a child or step child who is engaged to be married or has a spouse or de facto partner) and:
- has not turned 18, or
- has turned 18, but has not turned 23, and is dependent on the family head or on the spouse or de facto partner of the family head, or
- has turned 23 and is under paragraph 1.05A(1)(b) dependent on the family head or on the spouse or de facto partner of the family head
- is a dependent child of a person who meets the conditions in paragraph 2.
The new definition removes those ‘relatives’ such as dependent parents and children over 23 years of age but still financially dependent.
What if you were granted a provisional visa based on being a Member of a Family Unit and now it’s time to apply for the corresponding permanent visa? Do you still satisfy the criteria?
If the old visa is a provisional visa granted for up to 4 years – a person may progress to a corresponding permanent visa as a member of the family unit after the provisional period has passed, even though the person may no longer be able to satisfy regulation 1.12(2).
For complete advice about including dependants in your visa application, contact us to book a consultation on (08) 7226 2225 or firstname.lastname@example.org.