Requirements For Dependent Visa In Australia

Are you considering applying for a visa to Australia. Did you know that for some visas, you can include certain family members as dependent (or secondary) visa applicants in your application? To be eligible to be included for a dependent visa Australia, family members must meet the definition of a Member of the Family Unit (MoFU), such as for a dependent parent visa Australia.

The effect of this definition of MoFU is to limit the dependent visa Australia applicants who may be eligible for a permanent visa subclass and some provisional and temporary visa subclasses.

If you would like to include family in your application, it is very important to understand exactly who is an eligible member of your family unit and the age limits that may apply. If you fail to do so, you risk a situation arising where a certain family member is ineligible to apply with you, which means they could only accompany you to Australia if they qualify for a visa themselves. Particularly when it comes to teenage/adult children, age limits are an important consideration. For this reason, you need to ensure that you apply within relevant timeframes to ensure that they are eligible as part of your visa application.

For children aged over 18, dependency is an important criterion in this regard. Note that the dependency requirement applies at time of decision of the application. This means that if you submit your application for a visa application today, and your child no longer qualifies as a dependent by the time a decision is made on the application, they will not be granted the visa. This is particularly important in the current climate, given the normally extended processing wait times that are generally being experienced for certain visas.

Also be mindful that for some applications, your eligible family members must apply with you as part of a combined application with you as the primary visa applicant. In other instances, they may be able to apply as subsequent visa applicants (after your visa has already been granted). This will depend on the visa subclass which you apply for.

If your child is born after you lodge your application (but before it is decided), the child will automatically be included in your application. This will be the case irrespective of whether your child is born onshore or outside Australia. You will need to notify the Department of Home Affairs (the Department) about the birth as soon as possible.

In this article, we examine the definition of MOFU and how it applies to particular visa subclasses for a dependent visa Australia, including the requirements for a dependent visa in Australia.

Please note that this dependent visa Australia information does not apply to refugee, humanitarian or protection visas.

A separate definition of MoFU also applies to Student visa and Global Talent visa applicants. The Australia dependent visa requirements in these circumstances are also discussed in this article.

What Does Member Of A Family Unit Mean?

For a dependent visa Australia, a person will be a member of your family unit if the person is:

• your spouse or de facto partner; or
• your child or step child, or of your spouse or de facto partner (other than a child or step child who is engaged to be married, or has a spouse or de facto partner) and they:

1. have not turned 18; or
2. have turned 18, but have not turned 23, and are dependent on you or on your spouse or de facto partner; or
3. have turned 23 and are dependent on you or on your spouse or de facto partner, due to being incapacitated to work, according to the Regulations; or

• is a dependent child of a person who meets the conditions at point number two above.

This definition means that ‘relatives’ such as dependent parents and children who are over 23 years of age but are still financially dependent on the family head are excluded from the meaning of MoFU, and therefore do not meet the requirements for a dependent visa in Australia.

What Is A Spouse?

To qualify for a dependent visa Australia, a person will be your spouse (whether of the same sex or a different sex) if you are in a married relationship.

A ‘married relationship’ means:

• you are married to each other under a marriage that is legally valid in Australia;
• you have a mutual commitment to a shared life as a married couple to the exclusion of all others;
• your relationship is genuine and continuing; and
• you either live together, or you do not live separately and apart on a permanent basis.

Note that this is not an exhaustive definition; additional Australia dependent visa requirements as prescribed by the regulations may apply for a dependent visa Australia, depending on the visa being applied for.

What Is A De Facto Partner?

The requirements for a dependent visa in Australia stipulate that a person will be your de facto partner (whether of the same sex or a different sex) if you are in a de facto relationship.

A ‘de facto relationship’ means:

• you have a mutual commitment to a shared life as a married couple to the exclusion of all others;
• your relationship is genuine and continuing;
• you either live together, or you do not live separately and apart on a permanent basis; and
• you are not related by family.

The minimum length of the relationship for a dependent visa Australia will depend on the visa that you are applying for.

Note that this is not an exhaustive definition; Australia dependent visa requirements as prescribed by the regulations may apply, depending on the visa being applied for.

When Is A Child Dependent?

A child will be dependent on you, or on your spouse or de facto partner for a dependent visa Australia if:

• the child is, and has been, for a substantial period immediately before you apply, wholly or substantially reliant on you or on your spouse or de facto partner, for financial support to meet their basic needs for food, clothing and shelter; and
• the child’s reliance on you or on your spouse or de facto partner is greater than their reliance on any other person, or source of support, for financial support to meet their basic needs for food, clothing and shelter; or
• the child is wholly or substantially reliant on you or on your spouse or de facto partner for financial support because they are incapacitated for work due to the total or partial loss of their bodily or mental functions.

So, this means the following requirements for dependent visa in Australia apply:

• a child who is under 18 years of age is a member of your family unit;
• a child who has turned 18 years of age, but is under 23 years, is a member of your family unit if they are dependent on you or on your spouse or de facto partner for financial support to meet their basic needs for food, clothing and shelter, and that reliance is greater than on any other person; and
• a child who has turned 23 years of age, is a member of your family unit if they are wholly or substantially reliant on you or on your spouse or de facto partner for financial support because they are incapacitated for work due to the total or partial loss of their bodily or mental functions.

Student Visa

In the case of a Student Visa, according to the Australia dependent visa requirements, a person will be a member of your family unit if they are:

• your spouse or de facto partner; or
• your dependent child, or the dependent child of your spouse or de facto partner, who is unmarried (or engaged to be married) and has not turned 18 years of age.

Global Talent Visa

For a Subclass 858 Global Talent visa, if the visa applicant is aged under 18 at the time of application, a parent may make a combined application with the visa applicant (in certain circumstances) for a dependent visa Australia.

Is Being A Member Of A Family Unit Recognised In A Subsequent Visa Application?

An important question to ask is, what happens if you were granted a provisional visa based on being a member of a family unit and it is now time to apply for the corresponding permanent visa? Do you still satisfy the requirements for dependent visa in Australia

Well, the good news is that there are special provisions that recognise that for some visas, an old visa may be held over a long period of time, but the intention is that once a person satisifes the requirements as a member of your family unit, they may continue their stay in Australia in that capacity. So, for example, if the old visa is a provisional visa granted for up to four years, the person may progress to a relevant permanent visa as a member of the family unit after the provisional period has passed, even though they may no longer be able to satisfy the definition of a dependent, as outlined above.

In this case, a person is a member of the family unit if you are applying for a visa in column 1 of the below table, you are including the person in your application, and they hold a visa of a type listed in column 2 on the basis of being a member of your family unit:

Let us illustrate how to interpret the above table. Take the example of the Subclass 186 visa. If you are applying for this visa as the primary visa holder, and you included a child as a member of your family unit for your current subclass 457 or 482 visa, the child will still be able to apply with you for the subclass 186 visa for a dependent visa Australia, irrespective of whether they meet the relevant definition of a MoFU as discussed above. This ensures continuity in the process which, in this case, sees you progress from temporary to permanent residency.

Another example is the subclass 143 visa, whereby a member of your family unit you holds a subclass 173 visa as a dependent parent visa Australia will be eligible to apply with you for the subclass 143 visa as a dependent parent visa Australia, whether or not they meet the member of a family unit definition.

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Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are interested in applying for a visa in Australia, including a dependent visa Australia, as being fully informed will give you the best chance of achieving a successful outcome on your case. A migration professional can help you to do this. As we have noted in this article, there are several terms that are defined in the migration provisions, as illustrated in the requirements for a dependent visa in Australia. It is vital to have a good understanding of these terms and how they apply in practice, to avoid making a mistake and having your visa application refused. Detailed advice about these is beyond the scope of this article and we would therefore recommend that you seek further information in this regard.

For up to date advice on applying for a dependent visa Australia, including a dependent parent visa Australia and the Australia dependent visa requirements, join our many happy clients by contacting PAX Migration Australia, a leading immigration service providing advice on a range of visas. Contact us for a no obligation discussion on how we may be able to assist you with your migration goals in Australia.

For complete advice about including dependants in your visa application, contact us to book a consultation today.