Understanding the Definition of a Dependent
Many visas in Australia allow applicants to include family members in their application if they are considered ‘dependent’.
The term dependent is often limited to members of the family unit under the age of 18.
Although certain visa applicants may be considered dependent if they are under the age of 18, persons over the age of 18 may still be considered dependent if they satisfy the criteria outlined in the Migration Regulations 1994.
Regulation 1.05A of the Migration Regulations 1994
A dependent is defined in Regulation 1.05A of the Migration Regulations 1994 as a person who is considered dependent on another person if, at the time when it was necessary to establish whether the first person is dependent on the other person, the first person:
- is and has been for a substantial period immediately before that time, wholly or substantially reliant on the other person for financial support to meet the first person’s basic needs for food clothing, and shelter; and
- the first person’s reliance on the other person is greater than any reliance by the first person on any other person, or source of support, for financial support to meet the first person’s basic needs for food, clothing, and shelter; or
- the first person is wholly or substantially reliant on the other person for financial support because the first person is incapacitated for work due to the total or partial loss of the first person’s bodily or mental functions.
For the following applications:
- a protection visa; or
- a Refugee and Humanitarian (Class XB) visa; or
- a Temporary Safe Haven (Class UJ) visa.
A person is considered dependent if they are wholly or substantially reliant on the other person for financial, psychological or physical support.
Who can include a Dependent with their Visa application?
Dependents can be included in many types of visa applications. For example:
Family & Spouse Visas
- Partner visa (offshore) (subclasses 309 and 100)
- Partner visa (onshore) (subclasses 820 and 801)
- Prospective Marriage (subclass 300) visa
Skilled Visas
- Temporary Graduate (subclass 485) visa
- Temporary Skill Shortage (subclass 482) visa
- Skilled Work Regional (Provisional) (subclass 491) visa
- Employer Nomination Scheme (subclass 186) visa
- Skilled Employer Sponsored Regional (Provisional) (subclass 494) visa
Business Visas
Dependent vs Member of the Family Unit
A ‘member of the family unit’ (MOFU) usually refers to the spouse/de facto partner of the main visa applicant (normally over 18 years of age) and their dependent children.
A person over the age of 23 can be referred to as a dependent member of the family unit if they are wholly or substantially reliant financially etc on the parents.
It is rare for a spouse to be called a dependent even if they are financially dependent on the main visa applicant. They are instead referred to as the secondary applicant or a member of the family unit.
Contact Us
For professional consultation on understanding the definition of a dependent in visa applications, contact Bambrick Legal today:
- Schedule a professional consultation with our specialists here
- Call us on 08 8362 5269
- Like us on Facebook
- Follow us on LinkedIn
Please note: Our migration and citizenship consultations are provided on a fee basis.
Related Blog – Can a Visa Refusal Affect a Future Visa Application?