19/11/16
From 19 November, changes will be made to which relatives can be included in your visa application.
Spouse and Children Only
Currently, it is possible to include dependent relatives in visa applications, even if they are not spouses and children. For instance, it is common for 457 applicants to include a dependent parent in their applications.
From 19 November 2016, this will no longer possible with only spouses (including De Facto spouses) and children being considered members of the family unit.
Maximum Age for Children
Children under 18 are considered members of the family unit by default.
Children over 18 have previously been included in visa applications, providing they are financially dependent on their parent. Generally, it is sufficient to provide evidence that they are still studying and have not started working full time.
From 19 November 2016, children can only be included if they are under 23 years old and this is likely to affect many potential applicants with adult children. To include a child over 23, you would need to show that the child is incapacitated for work. This would generally result in issues in meeting the health criteria for the visa.
Including Adult Children in Subsequent Visa Applications
It is relatively common for people to apply for a temporary visa, then after a few years in Australia apply for further stay in Australia. One issue that can arise is showing that children and other family members are still dependent when applying for the subsequent visa.
From 19 November, family members will be taken to be members of the family unit when applying for subsequent visas, even if they are no longer dependent. This only applies in the following scenarios:
- Subclass 457 holders applying for Subclass 186 or 187 visas
- Subclass 457 holders applying for a further 457 visa
- Subclass 489 holders applying for a Subclass 887 visa
- Subclass 188 holders applying for a Subclass 888 visa
- Subclass 173 or 864 holders applying for a Subclass 143 or 864 visa