Family Members on a 186 Visa: Adding Family and Relationship Breakdown

A 186 visa can include your partner and dependent children, and in most cases they must apply with you. This guide covers adding family after you apply, the family violence provisions for partners, and why the main applicant must be granted first.

Including family members

Family members join by making a combined application with the main applicant. Under clause 186.311, a secondary applicant must be a member of the main applicant’s family unit and have made a combined application. Each family member must meet health and character requirements. Adult family members are assessed for functional English, and a second visa application charge instalment is payable if they do not have it.

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Adding family after you apply

• Newborn: a child born after you apply and before a decision is taken to be part of the application. Tell the Department and provide the birth certificate;
• Partner or dependent child: regulation 2.08A allows a spouse, de facto partner or dependent child to be added to a pending application in limited circumstances. If they are in Australia, statutory bars such as section 48 can still apply;
• After grant: a child born in Australia to a 186 visa holder is generally an Australian citizen by birth.

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The main applicant must be granted first

Family members wait for the main applicant. Because clause 186.311 requires the main applicant to hold the 186 visa, no family member can be granted before them. The exception is a partner whose main applicant was refused for reasons that include family violence.

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If the relationship breaks down

Under clauses 186.311(3) and (4), a partner can still be granted after the relationship ends if they, a family member or a dependent child experienced family violence committed by the main applicant, and either the main applicant has been granted, or the main applicant was refused for reasons including family violence. The partner must have applied in Australia or entered Australia since applying. The Department keeps these claims confidential and must not question the main applicant about them. The second visa application charge instalment is waived for these applicants. Read more in our guide to family violence and partner visas.

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What you should do now

• Plan your family list: include everyone who may migrate in the original application.
• New baby: notify the Department and provide the birth certificate.
• Adding a partner or child: get advice before the decision, as timing and statutory bars matter.
• If you are unsafe: contact police on 000 first, then get confidential advice.