Definitions

Family member definitions

Spouse

A person is the spouse of another person if they are in a married relationship. Persons are in a married relationship if: they are married to each other under a marriage that is valid for the purposes of the Migration Act 1958; they have a mutual commitment to a shared life as husband and wife to the exclusion of all others; the relationship between them is genuine and continuing; and they live together or do not live separately and apart on a permanent basis.

De facto partner

A person is the de facto partner of another person (whether of the same sex or a different sex) if:

• they have a mutual commitment to a shared life to the exclusion of all others
• the relationship between them is genuine and continuing
• they live together or do not live separately and apart on a permanent basis
• they are not related by family.

For an application for a permanent, Business Skills (Provisional), Student (Temporary), Partner (Provisional), Partner (Temporary), or a General Skilled Migration visa the de facto relationship must have existed for at least 12 months immediately preceding the date of application.

Dependent child

A dependent child is either your or your partner's child or stepchild who:

• is not married, engaged to be married or in a de facto relationship
• is under the age of 18
  or
  
• is over the age of 18, but is a full-time student or incapacitated for work.

Partner

A partner is your spouse (the person you are married to) or de facto partner (including same-sex partners).

Other dependent relatives

Other relatives may be included in your application if they are wholly or substantially reliant on you for financial support for their basic needs of food, shelter and clothing and they have been reliant on you for that support for a substantial period.

They must also be more reliant on you for support than on any other person or source. A relative may also be considered dependent on you if they have a mental or physical disability which stops them from earning a living to support themselves.

Other relatives dependent on you or your partner may include, for example, an aged, unmarried relative.

Dependent family members who are 18 years of age or over, should complete form 47A and attach it to your visa application.

Details of a child or other dependent family member aged 18 years or over must be completed for each dependent, whether migrating or not.
See: Form 47A Details of child or other dependent family member aged 18 years or over (248KB PDF file)

Sponsorship

The sponsorship is the application made by the employer to sponsor overseas workers to Australia. A separate sponsorship application must be lodged for each position to be filled.

Visa application

The visa application is made by the employer to allow them to work in Australia. The visa application must be lodged and granted before the sponsorship expires.