For Australian migration purposes, members of the family unit of a primary visa applicant are the persons who can be included in a visa application as secondary applicants — allowing them to travel to and live in Australia under the same visa grant. The definition is set out in the Migration Act 1958 and the Migration Regulations 1994 and determines both who can be included in a visa application and who can join the primary applicant in Australia as a subsequent entrant after the visa is granted.

The definition varies slightly depending on the visa subclass and the context, but the core elements are consistent: the primary applicant's spouse or de facto partner and their dependent children are the standard members of the family unit.

• Migration Act 1958, s 5 — definition of "member of the family unit"
• Migration Regulations 1994, reg 1.09 — dependent child definition; and reg 1.12 — member of the family unit for visa purposes
• DHA: Member of the family unit (help text) — immi.homeaffairs.gov.au/family-unit
• DHA Form 1496i — detailed guidance on who is a member of the family unit for visa applications: immi.homeaffairs.gov.au/forms/1496i.pdf

Who is a member of the family unit

The standard members of a visa applicant's family unit are:

• The applicant's spouse or de facto partner — a person the applicant is legally married to or is in a de facto relationship with (as defined in Migration Act s 5CB). Both opposite-sex and same-sex partners qualify.
• The applicant's dependent children — children who are dependent on the applicant (see below for the dependent child test)
• The dependent children of the applicant's spouse or partner — children who are dependent on the applicant's spouse or de facto partner are also typically included

Dependent child

A dependent child for migration purposes is generally:

• A child who is under 18 years of age; or
• A child who is aged 18 to 23 and is enrolled in full-time study; or
• A child who is 18 or over and has an incapacitating disability that prevents them from working to support themselves

The child must also not have a spouse or de facto partner of their own and must not have their own dependent children. The full definition is set out in Migration Regulations reg 1.09 — practitioners should check the current regulatory text for precise requirements.

Australian citizen and permanent resident family members

Australian citizens and existing Australian permanent residents who are members of the applicant's family should generally not be listed as members of the family unit in a visa application. They do not need a visa to remain in Australia and including them incorrectly could create complications. Form 1496i provides guidance on how to handle this situation for specific visa applications.

Significance for skilled visa applications

In the points-tested skilled migration program (subclasses 189, 190, 491), members of the family unit can be included as secondary applicants in the visa application. The primary applicant must meet all relevant criteria, but secondary applicants are assessed for health and character requirements. Including secondary applicants typically requires paying additional visa application charges. A partner who also holds a relevant skills assessment may contribute additional points to the primary applicant's score under the partner skills assessment criterion.

Subsequent entrants

Where a member of the family unit was not included in the original visa application, they may be able to join the primary visa holder in Australia as a subsequent entrant — applying for a visa in their own right that is linked to the primary visa. The process and eligibility for subsequent entrants varies by visa subclass. Refer to the DHA page for the relevant visa subclass for subsequent entrant eligibility.

The definition of "member of the family unit" may be interpreted slightly differently across different visa subclasses. Form 1496i provides the most practical guidance on who should be listed in specific visa applications. When in doubt, the current regulatory text (Migration Regulations reg 1.09 and 1.12) and DHA guidance should be consulted.

Adult dependent children (18–23 in full-time study) may need to demonstrate their dependent status with evidence of enrolment and financial dependence on the primary applicant. Children who complete their studies or turn 24 before the visa is granted may no longer qualify as dependent children.