Who Can Be Included in an Australian Visa Application? Understanding Dependents and Family Members

Whether you're applying for skilled migration, a Partner visa, a Student visa or another Australian visa, understanding who can be included in your application is essential. This guide explains who qualifies as a dependent or secondary applicant, when family members can be included in or added to a visa application, what happens if your family circumstances change, and how Australian migration law treats spouses, partners and children before and after a visa is granted.

One of the most common questions people ask when planning an Australian visa application is whether they can include their spouse, partner or children in their application.

The answer depends on the type of visa you are applying for. While many Australian visas allow eligible family members to be included as secondary applicants, others require each person to submit their own visa application.

Understanding who can be included, what rights they receive and what happens if your family circumstances change can help you avoid delays and ensure your application is prepared correctly.

What Is a Dependent?

The term dependent is commonly used when discussing Australian visa applications, but it is often misunderstood.

For migration purposes, a dependent is generally an eligible family member who is included in the visa application of the primary applicant. Depending on the visa subclass, this may include:

• a spouse or de facto partner;

• dependent children;

• in some circumstances, older dependent children who meet the legislative requirements; and

• dependent children of dependent children.

The exact definition of a family member or dependent varies between visa subclasses and the Migration Regulations, so eligibility should always be assessed against the specific visa requirements.

What Happens If Your Family Circumstances Change?

Family circumstances can change while a visa application is being processed. You may get married, enter a de facto relationship, separate from your partner, have a child, or need to add an eligible family member to your application.

These changes may affect your visa application or the options available to you. Depending on the type of visa you have applied for, different rules may apply before your application is decided and after your visa has been granted.

If your circumstances change after you have lodged your application, it is important to understand your obligations and any steps that may need to be taken to ensure your application remains accurate, up to date, and compliant with Australian migration law.

What Is a Dependent Child?

For Australian migration purposes, a dependent child is not simply any child of the primary applicant. Whether a child can be included in a visa application depends on their age and personal circumstances at the time the relevant legislative requirements are assessed.

Children Under 18

In most cases, a child who is under 18 years of age is considered a dependent child and may be included as a secondary applicant, provided they meet the requirements of the relevant visa subclass.

Children Aged 18 and Over

Turning 18 does not automatically mean a child ceases to be a dependent for migration purposes. However, the requirements become more restrictive.

Depending on the visa subclass and the Migration Regulations, an adult child may still qualify as a dependent if they meet the definition of a member of the family unit. This generally requires consideration of factors such as whether they are financially dependent on the primary applicant and whether they have formed an independent family unit of their own.

In most cases, there is an upper age limit on who can be included as a dependent child. However, an exception may apply where the child has a disability that means they are wholly or substantially reliant on the primary applicant or another eligible family member.

Because the requirements can be complex and vary between visa subclasses, it is important to assess the circumstances of each adult child carefully before lodging a visa application.

Applicants should not assume that an adult son or daughter can automatically be included simply because they are studying, living at home or financially supported by their parents.

Case Study: Demonstrating Dependency for an Adult Child

One matter that stands out involved a Partner visa application I was working on for a Singaporean couple where the applicant's daughter was over 18 years of age. At first glance, many people would assume that she could no longer be included in her parent's application simply because she was an adult.

However, Australian migration law recognises that some adult children may still qualify as members of the family unit if they meet the relevant legislative requirements.

In this case, I prepared evidence demonstrating the daughter's circumstances, including where she lived, her student status and other information relevant to establishing her dependency. After considering the evidence, the Department accepted that she met the requirements to be included as a secondary applicant, and she was granted permanent residence alongside her parent.

This case highlights the importance of understanding the legislation rather than making assumptions based solely on a child's age. Every family's circumstances are different, and careful preparation of the supporting evidence can make a significant difference to the outcome of an application.

Primary Applicant and Secondary Applicants

Every visa application has a primary applicant. This is the person who meets the eligibility requirements for the visa, such as satisfying the skills, employment, business or sponsorship criteria.

Eligible family members who are included in the application are known as secondary applicants. Although they are often referred to as dependents, they are still individual visa applicants.

Each secondary applicant must usually satisfy Australia's health and character requirements and any other requirements that apply to the visa subclass.

Do Dependents Receive Their Own Visa?

This is one of the biggest misconceptions about Australian migration.

Many people believe that a dependent simply "shares" the primary applicant's visa or remains permanently attached to that person's immigration status.

In reality, this is generally not how Australian permanent visas operate.

While family members apply together, each successful applicant is granted the visa in their own right. Once the visa has been granted, every person included in the application becomes an individual visa holder.

For example, if a skilled migration application includes a husband, wife and two children, each family member is granted their own permanent visa, even though they were all part of the same application.

What Happens if Your Relationship Ends?

Because each applicant receives their permanent visa in their own right, many people are surprised to learn that permanent residence is generally not affected simply because the relationship later ends.

If a couple separates or divorces after a permanent visa has been granted, the secondary applicant does not normally lose their permanent resident status solely because the relationship has ended.

Similarly, if the primary applicant dies after the permanent visa has been granted, this does not normally affect the permanent resident status of the other family members who were granted the visa.

This is because each applicant has already been granted permanent residence independently.

The position can be different if the relationship breaks down before a visa decision has been made, particularly for visas that rely on the existence of the relationship at the time of decision.

Do Secondary Applicants Have the Same Rights?

In most cases, yes.

Once a permanent visa has been granted, secondary applicants generally receive the same rights and entitlements as the primary applicant under that visa.

Depending on the visa subclass, this may include the right to:

• live permanently in Australia;

• work without restriction;

• study in Australia;

• enrol in Medicare if eligible;

• travel in and out of Australia in accordance with the visa's travel facility; and

• apply for Australian citizenship once they meet the eligibility requirements.

Being a secondary applicant during the application process does not make someone a "lesser" permanent resident after the visa has been granted.

Which Australian Visas Allow Dependents?

Many Australian visas allow eligible family members to be included in the same application.

These commonly include:

• Skilled Independent (Subclass 189)

• Skilled Nominated (Subclass 190)

• Skilled Work Regional (Subclass 491)

• Skills in Demand Visa (formerly the Subclass 482 Temporary Skill Shortage visa)

• Employer Nomination Scheme (Subclass 186)

• National Innovation Visa

• Student visas (where eligible)

• many business and investment visas.

Each visa subclass has its own rules regarding who can be included and when family members must be declared.

Which Visas Require Separate Applications?

Not every Australian visa allows dependents to be added.

For example:

Partner visas

A person applying to migrate to Australia as the spouse or partner of an Australian citizen or permanent resident submits their own Partner visa application. The Australian partner acts as the sponsor rather than the primary visa applicant.

However, this does not mean the application is limited to the couple. Eligible dependent children of the visa applicant can generally be included in the Partner visa application as secondary applicants, provided they meet the relevant legislative requirements.

This allows families to migrate together under a single Partner visa application, rather than requiring separate applications for each eligible child.

Child visas

Children seeking to migrate to Australia usually require their own Child visa application rather than being added to an existing permanent visa that has already been granted.

Resident Return Visas

Each permanent resident applies individually for a Resident Return Visa if they need to renew their travel facility.

Similarly, Australian citizenship applications are generally made individually, even where multiple family members apply at the same time.

What Happens if You Have a Baby While Your Visa Application Is Being Processed?

Family circumstances can change while a visa application is waiting to be decided.

If you have a baby before the Department of Home Affairs has made a decision on your visa application, you should notify the Department as soon as possible.

For many visa subclasses, it is possible for the newborn child to be added to the existing application before a decision is made, provided the relevant legislative requirements are met.

The Department may request documents such as:

• the child's birth certificate;

• passport details (once available);

• health examinations if required; and

• updated application forms or information.

The exact requirements vary depending on the visa subclass.

What Happens if You Have a Baby After Your Visa Is Granted?

The answer depends largely on where the child is born.

Child born in Australia

In some circumstances, a child born in Australia may automatically acquire Australian citizenship or another appropriate immigration status, depending on the parents' citizenship or visa status at the time of birth.

For example, if at least one parent is an Australian citizen or Australian permanent resident when the child is born, the child will generally acquire Australian citizenship automatically at birth.

Child born outside Australia

If a child is born overseas after the parents have become Australian permanent residents, the child does not automatically receive Australian permanent residence.

The most appropriate pathway depends on your circumstances.

In many cases, a separate Child Migration visa application will be required so the child can migrate permanently to Australia. However, for some temporary visa holders, or where the relevant visa subclass permits, it may instead be possible for the child to apply as a subsequent entrant.

A subsequent entrant application allows certain eligible family members who were not included in the original visa application to join the primary visa holder in Australia under the same visa program. Whether this option is available depends on the visa subclass and the specific legislative requirements.

Because the available options vary between visa subclasses, it is important to obtain advice before making travel or relocation plans for a newborn child.

What Happens if You Get Married After Your Visa Is Granted?

Another common misconception is that a new spouse can simply be added to an existing permanent visa.

In most cases, this is not possible.

If you marry after your permanent visa has already been granted, your husband or wife will usually need to submit their own visa application if they wish to migrate to Australia.

For many couples, this will involve lodging a Partner Migration visa application.

The most appropriate pathway will depend on several factors, including:

• whether your spouse is in Australia or overseas;

• your own immigration status;

• the visa you currently hold; and

• the circumstances of your relationship.

Timing Matters

The timing of changes to your family circumstances can significantly affect your migration options.

Different rules may apply depending on whether the change occurs:

• before the visa application is lodged;

• after the application has been lodged but before a decision is made; or

• after the visa has already been granted.

For this reason, it is important to notify the Department of Home Affairs promptly if your family circumstances change while your application is being processed.

Final Thoughts

Australian migration law provides many opportunities for families to migrate together, but the rules surrounding dependents and secondary applicants are not always straightforward.

While many visa subclasses allow eligible family members to be included in the same application, others require separate applications. It's equally important to understand that although family members may be described as dependents during the application process, once a permanent visa is granted they generally become permanent residents in their own right, with the same rights and entitlements as the primary applicant.

Whether you are applying alone, with your partner or with your children, understanding these rules from the beginning can help you avoid unnecessary delays, unexpected costs and complications later in your migration journey.

At Graham-Nguyen & Associates, we believe informed clients make better migration decisions. If you'd like advice tailored to your circumstances, we'd be pleased to help.

Need Advice About Including Your Family in an Australian Visa Application?

Every family's circumstances are different, and the rules surrounding dependents, secondary applicants and family members can vary significantly depending on the visa you are applying for. Whether you're planning to migrate with your spouse and children, have experienced a change in your family circumstances, or simply want to understand your options, obtaining professional advice early can help avoid unnecessary delays and complications.

At Graham-Nguyen & Associates, we believe informed clients make better migration decisions. If you'd like advice tailored to your circumstances, we'd be pleased to help.

Contact us to discuss your Australian visa options or email us directly at enquiries@graham-nguyen.com.

You May Also Like

If you found this article helpful, you may also be interested in these related guides:

• Understanding Australia's National Innovation Visa (Subclass 858): Learn who the visa is designed for, the eligibility requirements and how the application process works.

• Australian Partner Visas: Understanding Spouse and De Facto Migration to Australia: A practical guide to spouse and de facto partner visas, including eligibility, sponsorship requirements and common questions.

• Australian Skilled Migration: A Comprehensive Guide to Australia's Permanent Skilled Visa Program: Understand Australia's skilled migration program, how points-tested visas work and the pathways to permanent residence.