Family Member Eligibility

Eligible family members

The following people may apply to accompany and stay with the employee.

• the employee's partner
• dependent child of the employee or employee's partner
• other dependent relatives living with the employee.

Partner

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

Dependent child

A dependent child is the child or stepchild, of the employee or their partner who:

• is not married, engaged to be married or in a de facto relationship and
• has not turned 18
  or
• if they have turned 18, are wholly or substantially reliant on the employee or the employee's partner, (of the employee) for their basic needs, or are incapacitated for work.

Other dependent relatives

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

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

Other relatives dependent on the employee or employee's partner may include, for example, an aged, unmarried relative.

Dependent family members who are 18 years of age or over, should obtain form 47A and attach it to the visa application.
See: Form 47A Details of child or other dependent family member aged 18 years or over (248KB PDF file)

Details of child or other dependent family member aged 18 years or over must be completed for each dependent 18 years or over, whether migrating or not.

Health and character requirements

All dependent family members who are applying for a visa must meet the health and character requirements. Dependent family members of persons applying for a Permanent Residence Labour Agreement visa (Subclass 120 and 855) must meet health and character requirements (this means dependent family members not intending to travel must also meet the health and character requirements).
See:
Information Form 1163i Health requirements for temporary entry to Australia (69KB PDF file)
Information Form 1071i Health requirement for permanent entry to Australia (57KB PDF file)
The Character Requirement

English language ability

Adult family members of the employee who are applying for a permanent visa are expected to have functional English.

Higher visa application charges may apply to those permanent visa applicants who do not have a functional level of English.

Work and study

Family members who are granted a visa are given full work and study rights.