What does 'member of the family unit' mean in the context of visa applications?

In Plain English

The term "member of the family unit" has a specific meaning when applying for an Australian visa, but the definition can change depending on the visa you're applying for.

Generally, it includes your spouse or de facto partner, your dependent children, and sometimes other dependent relatives who live with you. For some visas, like the Student (Temporary) (Class TU) visa, the definition is narrower, focusing on spouses/partners and unmarried children under 18.

Also, if you're applying for a visa based on a family member's visa, the rules about who counts as "family" can be different.

Detailed Explanation

The definition of "member of the family unit" is outlined in the Migration Regulations 1994 and can vary depending on the specific visa class. Here's a breakdown based on the provided context:

  1. General Definition (Subregulation 1.12(2)):

    • Spouse or de facto partner of the family head.
    • Dependent child of the family head or their spouse/de facto partner.
    • Dependent child of a dependent child of the family head or their spouse/de facto partner.
    • A relative of the family head or their spouse/de facto partner who:
      • Does not have a spouse or de facto partner.
      • Usually resides in the family head’s household.
      • Is dependent on the family head.

    • New Visa Based on Earlier Status (Subregulation 1.12(5)):

    • Applies when someone is applying for a new visa and was previously granted a visa as a member of the family unit of another person.

    • To be considered a family member in this context, the person must:
      • Be included in the new visa application.
      • Hold a visa that was granted because they were initially a family member of someone who held a similar visa.

    • Student (Temporary) (Class TU) Visa (Subregulation 1.12(6)):

    • For this visa, a family member includes:

      • Spouse or de facto partner of the applicant or visa holder.
      • Dependent child of the applicant or holder, or their spouse/de facto partner, who is unmarried and under 18.

    • National Innovation (Class BX) Visas (Subregulation 1.12(7)):

    • Applies to applicants under 18.

    • Can include a parent who has made a combined application with the applicant.
    • Restrictions apply to ensure no double-counting of family members.

    • Immediate Family (Regulation 1.12AA):

    • Spouse or de facto partner.

    • Dependent child.
    • Parent, if the other person is under 18.
    • Subclass 835 (Remaining Relative) Visa and Subclass 838 (Aged Dependent Relative) Visa:
    • The primary criteria for these visas must be satisfied by at least one member of a family unit. Other family members applying for the same visa only need to satisfy the secondary criteria (Chunk 577, Chunk 587).

It's important to note that the definition of "member of the family unit" can also be relevant in the context of nil Visa Application Charges (VAC). For instance, Migration (Class of Persons for Nil VAC—LIN 24/008) Specification 2024 specifies that family members of passengers or crew on board Malaysia Airlines flight MH370 may be eligible for a nil VAC for a Subclass 600 (Visitor) visa in the Tourist stream. Similarly, Migration (Class of Persons for Nil VAC—CCAMLR) Instrument (LIN 24/036) 2024 specifies that family members of CCAMLR applicants may be eligible for a nil VAC for certain visa subclasses.

To determine whether a person is considered a member of the family unit, one must consider the specific visa being applied for and the relevant regulations.