Member of Family Unit Changes definition

Member of Family Unit Changes definition

Update (October 2026)

The narrower definition described in this 2016 article still applies in 2026. Only your partner, your dependent children (and your partner’s), and their dependent children can generally be included as members of your family unit. Other relatives need their own visa. See What this means in 2026 below and our relative visa options.

The new definition of Member of the Family Unit comes into effect on 19 November 2016.

This change applies to most visas except protection, refugee and humanitarian visas

The new definition removes those ‘relatives’ as defined in the previous in Reg 1.12 (1)(e): a relative of the family head or of a spouse or de facto partner of the family head who:

(i) does not have a spouse or de facto partner; and

(ii) is usually resident in the family head’s household; and

(iii) is dependent on the family head.

This amendment is made to simplify and limit the definition of member of the family unit, limiting the definition to the spouse or de facto partner of a primary applicant, and children of the primary applicant or their partner, who are dependent.

Prior to this amendment, the definition provided a more generous migration pathway for family members of new entrants to Australia, than was available to family members of Australian citizens and existing permanent residents, because it permitted extended family members to be included in a visa application.

The amendments will not be applied to refugee, humanitarian and protection visas. The previous definition of member of the same family unit will continue to apply to these visas.

Other amendments included in Schedule 4 of this Instrument included:

‘step child’in the definition of ‘dependent child’
set an upper age limit of 23 yearsfor children or step-children who are dependent, unless they are incapacitated for work. This is to bring consistency to the provisions on who can accompany a visa holder as a family member in line with those on who can be sponsored by an existing permanent resident or citizen as a family member – this amendment applies to an application for a visa made on or after 19 November 2016 or a visa granted as a result of such an application.
simplified the provisions that allow a family member who holds a specified temporary visa to be eligible for a further visa even where they are no longer a member of the family unit, for example, because they are now over 23 years of age. This ensures the family unit is kept together for subsequent visas – this amendment applies to a visa granted on or after 19 November 2016.

What this means in 2026

The change made on 19 November 2016 is still in place. When you apply for most visas, such as a Skills in Demand 482, 189, 190, student or partner visa, the people you can include as secondary applicants are limited to members of your family unit. Protection, refugee and humanitarian visas still use the older, wider definition.

Both the main applicant and every family member must also meet health and character requirements, and dependency is tested at the time of application and again before the visa is decided.

Who counts

Your partner: your spouse or de facto partner.
Dependent children under 18 of you or your partner, including step children, who are not married, engaged or in a de facto relationship.
Children aged 18 to 22 who are single and wholly or substantially reliant on you for their basic needs (food, shelter, clothing), for example full-time students who are not working full time.
Children 23 or older only if they are single and unable to work because of a physical or mental condition.
A dependent child of a dependent child (for example, a grandchild who depends on your dependent child).

Who does not count

Parents, brothers, sisters, grandparents, aunts, uncles and other relatives, even if they live with you and depend on you.
Children aged 23 or older who can work.
Children of any age who are married, engaged or in a de facto relationship.

Relatives who no longer fit the definition need to apply for a visa in their own right, for example a parent visa, an Aged Dependent Relative visa or a Remaining Relative visa (these have long queues and strict criteria).

Adding family members

Include them at lodgement where you can. It is usually simpler and cheaper than applying later.
Adding before a decision: many visas let you add a new partner or child (for example a newborn) before the visa is decided, if they are a member of your family unit.
After grant: family members can sometimes apply later as subsequent entrants (for example on a 482 or 485 visa), or you may need to sponsor them under a family visa once you are a permanent resident or citizen.
Keep evidence of dependency for children aged 18 to 22, such as enrolment letters and records of the support you provide.

Before and after 19 November 2016

Family member	Before 19 Nov 2016	From 19 Nov 2016 (and in 2026)
Partner	Included	Included
Dependent child under 18	Included	Included
Dependent child 18 to 22	Included (no upper age limit if dependent)	Included if single and financially dependent
Child 23 or older	Included if dependent	Only if unable to work due to a physical or mental condition
Other dependent relatives in your household	Could be included	Not included (except protection and humanitarian visas)