Moving to Australia is an exciting milestone, but for many visa holders, the journey is only complete when their family can join them.
Australia’s migration system allows many primary visa holders to include or later sponsor eligible family members under their existing visa. Whether you are applying for a skilled visa, student visa or temporary graduate visa, understanding your options can help you avoid costly delays and ensure your loved ones can join you lawfully.
Here’s what every primary visa holder should know about bringing their partner and children to Australia.
Who Can Be Considered as a Family Member?
Australian migration law uses the legal definition of a Member of the Family Unit (MoFU) to determine who can be included in a visa application.
Eligible family members generally include:
Your spouse or de facto partner
This includes married and eligible de facto partners, including same-sex couples. Applicants in a de facto relationship are generally required to demonstrate that the relationship is genuine and continuing. Depending on the visa subclass, additional requirements may apply, including evidence of living together and, in some cases, the 12-month relationship requirement unless an exemption applies.
Your dependent children
Dependent children may include:
- Children under 18 who are unmarried and not in a de facto relationship.
- Certain children aged 18 to 23 who are financially dependent on the primary visa holder.
- Children over 23 only in limited circumstances, such as where they are unable to work because of a total or partial loss of bodily or mental functions.
Eligibility requirements vary depending on the visa subclass and individual circumstances.
Which Australian Visas Allow Family Members?
Many Australian visa subclasses allow eligible family members to accompany or join the primary visa holder.
These commonly include:
Skilled and employer-sponsored visas
- Subclass 482 Skills in Demand Visa
- Subclass 186 Employer Nomination Scheme (ENS)
- Subclass 494 Skilled Employer Sponsored Regional (Provisional) Visa
Eligible partners and dependent children can usually be included as secondary applicants or apply later where permitted.
Skilled permanent and regional visas
- Subclass 189 Skilled Independent Visa
- Subclass 190 Skilled Nominated Visa
- Subclass 491 Skilled Work Regional (Provisional) Visa
Eligible family members may be included in the application for the relevant visa.
Student and graduate visas
- Subclass 500 Student Visa
- Subclass 485 Temporary Graduate Visa
These visas generally allow eligible family members to accompany the primary applicant, subject to the relevant visa conditions.
Two Ways to Bring Your Family
- Include them in your original visa application
Where possible, the simplest option is to include eligible family members when lodging your own visa application.
If the application is successful, all applicants are generally granted visas together.
- Apply as a Subsequent Entrant
If your family was not included in the original application, they may be able to apply later as Subsequent Entrants, provided the visa subclass allows this pathway.
This option is commonly used when:
- You entered Australia before your family.
- You married or entered a de facto relationship after lodging your visa.
- Your children intend to travel at a later stage.
Each subsequent entrant application is assessed independently and must satisfy the relevant visa requirements.
Important Reminder for Student Visa Holders
If you hold or are applying for a Subclass 500 Student Visa, it is important to declare all members of your family unit in your initial visa application, even if they do not intend to travel to Australia immediately.
Failing to declare eligible family members may affect whether they can later apply as subsequent entrants under your student visa.
Key Requirements Your Family Must Meet
Depending on the visa subclass, applicants may need to provide:
- Evidence of a genuine relationship, including marriage certificates, birth certificates and supporting documents.
- Health examinations where required.
- Police clearances and character documents.
- Evidence that the primary visa holder meets any financial or sponsorship requirements applicable to the visa.
Additional requirements may apply depending on your circumstances.
Things to Consider Before Your Family Arrives
Before making travel arrangements, remember that:
- Your family’s visa is generally linked to your own visa status.
- Work rights for secondary applicants depend on the primary visa subclass and applicable visa conditions.
- School-aged children on temporary visas may be required to pay international student fees in some Australian states and territories.
- Most temporary visa holders and their families are required to maintain appropriate health insurance, such as Overseas Student Health Cover (OSHC) or Overseas Visitor Health Cover (OVHC), unless exempt.
Understanding these obligations early can help your family settle into Australia more smoothly.
Find A Way Forward with NB Migration Law
Every family’s migration journey is different, and choosing the right pathway can make a significant difference to your future together.
Whether you are preparing your first visa application, adding eligible family members, or exploring the Subsequent Entrant pathway, NB Migration Law can provide tailored legal advice based on your circumstances. Our experienced immigration lawyers can help you understand your options, prepare a compliant application, and guide you through each stage of the process.
If you are looking for a way forward to reunite your family in Australia, contact NB Migration Law today and receive trusted legal advice designed to help you move forward with confidence.