Member of Family Unit – Recent Changes (19 Nov 2016)

Family Visas

Member of Family Unit – Recent Changes (19 Nov 2016)

Member of Family Unit – Recent Changes (19 Nov 2016)
Members of the family unit can be usually included in a Visa application when someone apply for a visa and all included family members may be granted visas as result of such combined application.
However From 19 November, changes has been to limit the relatives which can be included in a visa application.

Only Spouse and Children are allowed
Previously, it was possible to include dependent relatives in visa applications, even if they were not spouses and children. For example, it was usual for a 457 visa applicants to include a dependent parent in his application.
But from 19 November, this will not be possible as only Spouses(Or De-facto Partners) and children (or Step_children) are being considered members of the family unit.

Maximum Age Limit for Children
Children under 18 are automatically considered members of the family. Children over 18 can be included in the visa applications, provided they are financially dependent on their parent. Mostly, it will be sufficient to provide evidences that they are still studying and have not started working full time.A Child over 23 can only be included if they are he is incapacitated for work and is dependent on his parents. This would raise an issue of meeting the health criteria for the visa.

Children in Subsequent Visa Applications
Many people apply for a temporary visa, then after a few years stay in Australia, they apply another visa to extend their stay in Australia. One issue that may faced is proving that children and other family members are still dependent on primary applicant. From 19 November, family members are considered to be members of the family unit when applying for subsequent visas, even if they are no longer dependent. However it applies only in following cases:

  • Temporary Work (Skilled-Subclass 457) visa Holders applying for Employer Nomination Scheme (ENS -Subclass 186) or Regional Sponsored Migration Scheme (RSMS-Subclass 187 visas)
  • Temporary Work (Skilled-Subclass 457) Visa Holders applying for a further 457 visa
  • Skilled Regional Provisional (Subclass 489) Visa Holders applying for Skilled Regional Permanent Subclass 887 visas
  • Provisional Business Skills Subclass 188 visa Holders applying for Permanent Business Skills Subclass 888 visas
  • Temporary Contributory Parent (Subclass 173 and 884) visa Holders applying for Permanent Contributory Parent (Subclass 143 and 864) visas.

Overall, theses changes have made it hard to include children 23 years or over in the visa application, But these will be beneficial to certain temporary and provisional visa holders who wish to include family members in subsequent visa applications.
Please contact us on more information or Book an appointment to discuss the right visa options for your scenario.
Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016

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