Who counts as family for an Australian visa: family unit, relative and dependent child

A member of the family unit can include a spouse or de facto partner, a qualifying child or stepchild, or a dependent child of that qualifying child.

Start with family visas by relationship, then check the relationship test for the visa being considered. The family-unit definition in regulation 1.12(2) and the relationship rules for individual visas should not be treated as interchangeable.

Member of the family unit: who is in, who is out

Under regulation 1.12(2) of the Migration Regulations 1994, the family unit includes:

1. A spouse or de facto partner.
2. An unmarried child or stepchild under 18.
3. An unmarried child or stepchild aged 18 to 22 who is dependent.
4. An unmarried child or stepchild aged 23 or over who is dependent because of incapacity under regulation 1.05A(1)(b).
5. A dependent child of a qualifying child or stepchild.

Parents, siblings, grandparents, aunts, uncles and cousins are not included in this definition simply because of that relationship.

For subclass 461, Home Affairs identifies a category involving membership of the family unit of a New Zealand citizen who is not an eligible New Zealand citizen. Its subclass 461 eligibility information also includes provisions for former family-unit members, so a relationship ending does not describe every possible case.

Dependent child by age: under 18, 18 to 22, 23 or over with incapacity

The family-unit age bands come from regulation 1.12(2). They are not the same as the separately stated Child visa subclass 101 criteria.

For the subclass 101 student option, the child must study full time when applying and when the application is decided, cannot work full time, and must depend financially on their parent more than anyone else. The child cannot be, or ever have been, married, engaged or in a de facto relationship.

Apply the child-specific criteria through child visa Australia, rather than carrying the family-unit age bands across to that visa.

Relative: the Home Affairs list (partner, child, parent, sibling, grandparent, aunt, uncle, niece, nephew and step equivalents)

For the Sponsored Family stream, Home Affairs lists these relationships:

• Spouse or de facto partner.
• Parent or child; brother or sister.
• Grandparent or grandchild.
• Aunt or uncle; niece or nephew.
• The step equivalent of those relationships.

This is a stream-specific list, not proof of eligibility for every family visa. Follow other family visas to apply the relationship criteria for the relevant pathway.

Parent, step-parent and parent-in-law: which visas accept which

The supported step-relationship rules differ between the balance of family test and Child visa subclass 101.

These balance-of-family distinctions are set out in the Home Affairs balance of family test guidance. For subclass 101, a former partner with legal responsibility can sponsor a child under 18.

Who is never family for a sponsor: cousin, in-law, friend, fiancé(e) [Sponsored Family stream]

These exclusions concern sponsorship in the Sponsored Family stream, not every visa’s meaning of family.

The Home Affairs Sponsored Family stream rules exclude a fiancé or fiancée, in-law, cousin, friend or New Zealand citizen as sponsor. The in-law and cousin exclusions carry an exception where the sponsor is a relative of another applicant who is a member of the applicant’s family unit.

Use the family sponsored visa page to separate sponsor eligibility from the relationship definition.

Before you lodge

Apply the relevant definition on the visa page before preparing the application. An application prepared by an Australian migration lawyer is more likely to succeed because the lawyer can distinguish the family-unit age bands from subclass 101 criteria and check stepchild and sponsor exclusions against the selected visa.

Enquiries from this site go to Australian Migration Lawyers.