Can I include my family members in my visa application?
In Plain English
Whether you can include your family members in your visa application depends on the specific visa you are applying for.
- Visitor Visas (Subclass 600): If you are applying for a Tourist stream visa, you must use form 1419 (Internet) through ImmiAccount. If you are applying for a Sponsored Family stream visa, you must use form 1419 (Internet) through ImmiAccount and attach form 1149 to the application in ImmiAccount, as per the Migration (Arrangements for Visitor (Class FA) visa applications) Instrument (LIN 21/056) 2021.
- Student Visas (Subclass 500): Certain family members may be able to apply for a Subclass 500 visa as well. This includes family members of Foreign Affairs students, Defence students, or postgraduate research students, as specified in the Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Instrument 2020.
- Parent Visas: The Migration (IMMI 18/079: Arrangements for Parent Visa Applications) Instrument 2018 outlines the approved forms, places, and manners for making applications for various Parent visa subclasses.
- General Inclusion: According to the Migration Act 1958, if a family member's name is included on your passport or other identity document and they accompany you to Australia, they may be included in your visa if their name is specifically endorsed on the visa.
Detailed Explanation
The ability to include family members in a visa application is contingent upon the specific visa subclass and the relevant regulations.
- Visitor Visas: The Migration (Arrangements for Visitor (Class FA) visa applications) Instrument (LIN 21/056) 2021 specifies the requirements for applying for a Subclass 600 (Visitor) visa. It distinguishes between Tourist stream and Sponsored Family stream visas. For the Sponsored Family stream, both form 1419 and form 1149 must be used, implying a mechanism for including family members in the sponsored application.
- Student Visas: The Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Instrument 2020 outlines specific classes of persons who can apply for a Subclass 500 visa. Sections 8, 9, 10, and 15 address family members of primary applicants, indicating that family members can be included in certain student visa applications, particularly those related to Foreign Affairs students, Defence students, postgraduate research students, or students affected by COVID-19.
- Parent Visas: The Migration (IMMI 18/079: Arrangements for Parent Visa Applications) Instrument 2018 specifies the approved forms, places, and manners for making applications for various Parent visa subclasses, including Parent (Migrant) (Class AX), Aged Parent (Residence) (Class BP), Contributory Parent (Migrant) (Class CA), Contributory Aged Parent (Residence) (Class DG), Contributory Parent (Temporary) (Class UT), and Contributory Aged Parent (Temporary) (Class UU) visas. The specifics of including family members would depend on the particular subclass requirements.
- General Provisions: Section 32 of the Migration Act 1958 provides a general provision for including family members on a visa. If a spouse, de facto partner, or child's name is included on the primary applicant's passport or identity document and they travel together, the family member may be included on the visa if their name is endorsed on it. The definition of "child" for these purposes is further clarified in subsection 84(5) of the Migration Act 1958.