When you apply for an Australian visa, in most instances you’re able to include certain family members in your visa application as dependents. This enables your family to be granted the same visa, for the same duration as you.
There are restrictions on exactly which family members you can include. Typically, you can include someone who is known as a “Member of the family unit” (MoFU).
The below explains who is considered a MoFU, and what’s required to include family members.
What is the general rule?
The main applicant is referred to as the “family head”. The general rule is that the following individuals are considered to be a MoFU of the family head:
- the spouse or de facto partner;
- a child (or step-child) of the family head OR of a spouse/de facto partner of the family head, who:
- is not engaged, and does not have a spouse / de facto partner; and
- has not turned 18 years of age; or
- has turned 18, but has not turned 23, and is “dependent” on the family head (or the spouse / de facto partner of the family head); or
- has turned 23 and is wholly or substantially reliant on family head (or the spouse/ de facto partner of the family head) because they are incapacitated for work due to the total or partial loss of their bodily or mental functions;
- A “dependent child” of a person who meets point 2 above (i.e. a grand child).
Practically this means that you cannot include parents, and children who are not dependent on you (up until 23 years of age) unless they have a loss of bodily/mental functions.
What does dependent mean?
A child is dependent on another person (i.e. parent or their spouse / de facto partner) if, at the time of establishing dependency:
- the child is, and has been for a substantial period immediately before that time, wholly or substantially reliant on the parent for financial support to meet their basic needs for food, clothing and shelter; and
- the child’s reliance on that parent is greater than any reliance by the child on any other person, or source of support, for financial support to meet their basic needs for food, clothing and shelter.
Typically where a child is living at home, and studying full-time, this is relatively simple to demonstrate. It can get complicated if a child is working and/or no longer studying.
We have a separate article that details what this means, and evidentiary requirements, in further details here.
What are the other rules?
For certain visa applications, a person is considered a MoFU if they:
- hold a particular visa at time of application for a new visa (see Column 2 below) on the basis that they were a MoFU of a person who held the same visa; and
- are applying for a particular visa (see Column 1 below) and included in that application.
Column 1 |
Column 2 |
|
|
New visa applied for |
Old visa person holds at time of application for new visa |
|
| 1 |
Contributory Parent (Migrant) (Class CA) visa |
Contributory Parent (Temporary) (Class UT) visa |
| 2 |
Contributory Aged Parent (Temporary) (Class UU) visa |
|
| 3 |
Business Skills (Residence) (Class DF) visa |
Business Skills (Provisional) (Class UR) visa |
| 4 |
Business Skills (Permanent) (Class EC) visa |
Business Skills (Provisional) (Class EB) visa |
| 5 |
Any of the following visas:
|
|
| 6 |
Regional Employer Nomination (Permanent) (Class RN) visa |
Any of the following visas:
|
| 7 |
Skilled (Residence) (Class VB) visa |
Any of the following visas:
|
| 8 |
Any of the following visas:
|
|
| 9 |
Subclass 189 (Skilled–Independent) visa in the Hong Kong stream |
Any of the following visas:
|
| 10 |
Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Regional Provisional Visas stream |
Any of the following visas:
|
| 11 |
Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Hong Kong (Regional) stream |
Any of the following visas:
|
There are also separate rules for who you can include in protection/humanitarian visas (which have a more generous interpretation of who is considered a MoFU), Student visas, and Global Talent visas (for under-18 applicants to be able to include a parent).
More information?
Hannan Tew has assisted many families with their relocation to Australia, and can advise about family members that you can or cannot include. Feel free to contact us by email at [email protected] or phone (03) 9016 0484 for information on how we can assist to make this aspect of your move as seamless as possible.
Hi I am going to apply 191 visa next month . My niece is also here in year 11 and she is under 18 . Her mother passed away and that’s why I bring her here in subclass 500 school sector . I show my funds and I am paying her fees . She living with me . Can I add her in my 191 application
Hi Karamjit,
Unfortunately a niece is not a member of the family unit for the purposes of your 191 visa application.
Feel free to contact us at [email protected] to discuss this further.
Kind regards,
Hannan Tew
Hi my son is going to be over 23 maybe 24 by the time we apply or 186 visa but he hold 482 visa with me the whole time does that mean he doesn’t have to meet the age requirement since he was added in my 482 application. Thanks
Hi Ayesha,
Yes, broadly speaking as long as you apply for the new 186 visa whilst still holding the 482 visa, your son will be able to satisfy the MoFU criteria.
Feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi, I am over 23years old and not dependent on my parents. They apply Contributory Parent (Migrant) (Class CA) visa. Am I considered as their MoFU? Thank you.
Hi Alice,
If you are not dependent on your parents, you are unlikely to be considered a MoFU.
To discuss further, feel free to contact us at [email protected].
Kind regards,
Hannan Tew
Hi, can l apply for visa as a single person without including my ex (separated- still married) and my children 18 and 13?
Hi Kelly,
Your ex would no longer be a member of the family unit, but you can choose to refer to your children as “non-included members of the family unit”.
Feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
My husband and I have a 491 visa granted in September 2023. He managed to get a job starting March 2026. His company is based in Melbourne but his boss told him he can work from home. I have yet to find a job and will find one when I’m in Adelaide. We understand that we need to live and work in Adelaide for 3 years before applying for 191 visa? Will my husband be able to meet the 191 criteria or do I need to be the main person applying for it?
Hi Jennifer,
Thanks for reaching out.
The good news is that you can individually meet the 191 requirements and the other person can be included as a dependent (it doesn’t matter if its you or him).
Feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi, my husband was telling me that he may not be able to apply as main applicant of our 191 application because his work location will be our home address in Adelaide. His Melbourne-based company does not have an office there. Is this true? I would rather be the dependent if I have a choice. Thank you in advance for your advice.
Hi Jennifer,
The policy regarding this is a bit of a grey area.
Feel free to book a brief consultation with us through here if you’d like to discuss.
Kind regards,
Hannan Tew
I have lodged an EOI for the Skilled Nominated Visa (Subclass 190) and would like to inquire about including my parents as dependents. They live with me and are fully dependent on me for their everyday basic needs and medical care. Based on the Department of Home Affairs’ criteria, can parents be included as members of the family unit under these circumstances? If so, what specific evidence of dependency would be required? I’d greatly appreciate your expert advice tailored to my situation.
Thank you
Hi Sadat,
Unfortunately parents cannot be included as dependents on 190 visa applications.
Kind regards,
Hannan Tew
Hi, I have a question. I was previously granted a 457 visa for myself along with my wife and two children as dependents. Unfortunately, when we applied for the 186 visa, both the nomination and visa were refused. At that time, my children were under 23.
We are now expecting a positive outcome from the ART, but in the meantime my children have turned 25 and 26. They have both finished their schools, are working full time, and do not have any disabilities.
I read an article that suggested since they were granted the 457 visa as dependents, there should be no issue including them in the 186 visa application even though they are now over 23. Could you please confirm if this is correct?
Thank you.
Hi John,
Yes, since your children held a 457 at the time of application, if you are successful at the ART, then your children are likely to still be members of the familiy unit via Reg 1.12(5). Feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi, thank you for your reply. I found your article very detailed and helpful. Just to confirm, does this mean that both of my kids will also be granted the 186 visa along with me?