In ordinary circumstances, the description of ‘Member of the family unit’ provided under Regulation 1.12(2) of the Migration Regulations 1994 is applicable as a general rule for migration purposes.
Regulation 1.12(2) states:
“A person is a member of the family unit of another person (the family head) if the person:
(a) is a spouse or de facto partner of the family head; or
(b) 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:
i. has not turned 18; or
ii. 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
iii. 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; or
(c) is a dependent child of a person who meets the conditions in paragraph
(b).”
Accordingly, in order to be considered as a member of a family unit in general visa situations, other than protection, refugee and humanitarian visas, you will have to be a direct family member of the applicant. This includes a spouse or child under the age of
18 of the main applicant, or a dependent child until the age of 23 years where you are a financially dependent on your family for support. Further, in certain situations where the child is over the age of 23 years but is physically or mentally disabled and is reliant on parents for their support, may be considered as a dependent.
For the purpose of protection visas, refugee visas and humanitarian visas, namely Protection (Class XA) visa, Refugee and Humanitarian (Class XB) visa, Temporary Protection (Class XD) visa, Safe Haven Enterprise (Class XE) visa, Resolution of Status (Class CD) visa, Temporary Safe Haven (Class UJ) visa, Temporary (Humanitarian Concern) (Class UO) visa, Territorial Asylum (Residence) (Class BE) visa, Regulation 1.12(4) provides:
“A person is a member of the family unit of another person (the family head) if the person is:
(a) a spouse or de facto partner of the family head; or
(b) a dependent child of:
i. the family head; or
ii. a spouse or de facto partner of the family head; or
(c) a dependent child of a dependent child of:
i. the family head; or
ii. a spouse or de facto partner of the family head; or
(d) a relative, of the family head or of a spouse or de facto partner of the family head, who:
i. does not have a spouse or de facto partner; and
ii. is usually resident in the family head’s household; and
iii. is dependent on the family head.”
It is pertinent to note that wording of Regulation 1.12(4) differs from Regulation 1.12(2) in the sense that Regulation 1.12(4) provides a broader definition of member of the family unit protection, refugee and humanitarian visas, including children over the age of 18 and relatives who may be residing with the family head. Further, it is also important to know that the language used in the Regulations is gender neutral which may extend to include same sex relationships and other types of non-confirming relationships.
If you have any questions or are seeking migration advice to bring your dependents to Australia,
Discuss Your Situation with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents who can help you.
