Immigration Update: Australia
18th November, 2016
The Australian Department of Immigration and Border Protection (DIBP) has recently announced changes that will affect which family members can be included in Australian visa applications. The changes come into effect for applications lodged on or after November 19.
Partner and Children Only
Prior to November 19 it was possible to include dependent relatives in your visa application. This included for example a dependent parent. From November 19 it will not be possible to include parents or other dependent relatives. The only people who will meet the new definition of ‘Member of Family Unit’ will be your partner and children.
Age Limit for Children
Prior to the November 19 changes it was possible to include ‘adult dependent’ children provided that the child was financially dependent on the parent. Under the new definition adult children can only be included if they are under 23 years of age. There is an exception where the child is incapacitated for work, though applicants in this situation may have difficulty meeting the health requirement.
Subsequent Visa Applications
It is common for temporary visa holders in Australia to apply for subsequent temporary or possibly permanent visas. In many cases family members are already included in the current visa as dependents. From November 19 family members who are already included as dependents on an existing visa will be taken to be members of the family unit when applying for subsequent visas, even if they are no longer dependent. This applies in the following scenarios:
- Holders of Temporary Work (Skilled) Subclass 457 visas applying for Employer Nomination Scheme (ENS) Subclass 186 or Regional Sponsored Migration Scheme (RSMS) Subclass 187 visas
- Holders of Temporary Work (Skilled) Subclass 457 visas applying for a further 457 visa
- Holders of Skilled Regional Provisional (Subclass 489) applying for Skilled Regional Permanent Subclass 887 visas
- Holders of Provisional Business Skills Subclass 188 visas applying for Permanent Business Skills Subclass 888 visas
- Holders of Temporary Contributory Parent (Subclass 173 and 884) visas applying for Permanent Contributory Parent (Subclass 143 and 864) visas.
These changes restrict eligibility and so it will be necessary to explore alternate visa options and pathways for some family members. Santa Fe Immigration Services has a team of registered Australian immigration consultants with qualifications and experience to advise and assist with all types of applications for temporary or permanent residence in Australia. For further information or assistance please contact:
Registered Migration Agent No. 0742398
T: +61 3 9554 7393
National Immigration Service Delivery Manager
Registered Migration Agent No. 1066328
T: + 61 2 9262 4477
General Manager, Immigration Services
Registered Migration Agent No. 9253612
T: + 61 2 9262 4477
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