Family Member Eligibility
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Eligible family members
The following people may apply to accompany and stay with the employee.
- the employee's spouse
- dependent child of the employee or employee's spouse
- other dependent relatives living with the employee
- the employee's interdependent partner
- dependent child of the employee's interdependent partner.
Note: An interdependent partner and dependent child of a interdependent partner are eligible to apply only under the Temporary Business (Long Stay) Subclass 457 visa program.
Spouse
A spouse is a person who is married to the employee or is in a de facto relationship with the employee.
Dependent child
A dependent child is the natural or adopted child, or step-child, of the employee or their spouse, or interdependent partner (for Temporary Business (Long Stay) Subclass 457 visa program only), 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 spouse, or interdependent 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 spouse 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.
Note: Other dependent relatives of an interdependent partner who apply for a Temporary Business (Long Stay) Subclass 457 visa are not eligible to apply.
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.
Interdependent partner
An interdependent partner is a same sex partner where you have a mutual commitment to a shared life together to the exclusion of all others. This relationship must be genuine and continuing.
Health and character requirements
All dependent family members and interdependent partners 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 (ie. 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.
See: Information Form 966i Migrating to Australia - English language assessment (58KB PDF file)
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 and interdependent partners who are granted a visa are given full work and study rights.