Member of the family unit
1.12 Member of the family unit
Scope
This regulation has effect for the purposes of the definition (the main definition) of member of the family unit in subsection 5(1) of the Act.
General rule
A person is a member of the family unit of another person (the family head) if the person:
is a spouse or de facto partner of the family head; or
is a child or step‑child of the family head or of a spouse or de facto partner of the family head (other than a child or step‑child who is engaged to be married or has a spouse or de facto partner) and:
has not turned 18; or
has turned 18, but has not turned 23, and is dependent on the family head or on the spouse or de facto partner of the family head; or
has turned 23 and is under paragraph 1.05A(1)(b) dependent on the family head or on the spouse or de facto partner of the family head; or
is a dependent child of a person who meets the conditions in paragraph (b).
This subregulation has effect subject to the later subregulations of this regulation.
Protection, refugee and humanitarian visas
Subregulation (4) has effect for the purposes of the main definition so far as it is relevant to a provision of the Act or these Regulations applying in relation to any of the following visas:
a Protection (Class XA) visa;
a Refugee and Humanitarian (Class XB) visa;
a Temporary Protection (Class XD) visa;
a Safe Haven Enterprise (Class XE) visa;
a Resolution of Status (Class CD) visa;
a Temporary Safe Haven (Class UJ) visa;
a Temporary (Humanitarian Concern) (Class UO) visa;
a Territorial Asylum (Residence) (Class BE) visa.
A person is a member of the family unit of another person (the family head) if the person is:
a spouse or de facto partner of the family head; or
a dependent child of:
the family head; or
a spouse or de facto partner of the family head; or
a dependent child of a dependent child of:
the family head; or
a spouse or de facto partner of the family head; or
a relative, of the family head or of a spouse or de facto partner of the family head, who:
does not have a spouse or de facto partner; and
is usually resident in the family head’s household; and
is dependent on the family head.
Member of the family unit of applicant for a new visa on the basis of earlier status as member of the family unit
In addition to subregulation (2), a person is a member of the family unit, of an applicant for a visa (the new visa) described in column 1 of an item of the following table who seeks to satisfy the primary criteria for the new visa, if, at the time of the application for the new visa, the person:
is included in the application for the new visa; and
holds a visa (the old visa) described in column 2 of the item granted on the basis that the person was a member of the family unit of a person who held a visa of the same kind as the old visa.
Members of the family units of applicants for new visas | ||
|---|---|---|
Column 1 | Column 2 | |
1 | Contributory Parent (Migrant) (Class CA) visa | Contributory Parent (Temporary) (Class UT) visa |
2 | Contributory Aged Parent (Residence) (Class DG) visa | 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 | Employer Nomination (Permanent) (Class EN) visa | Any of the following visas: (a) Subclass 457 (Temporary Work (Skilled)) visa; (ab) Subclass 482 (Skills in Demand) visa; (b) Subclass 482 (Temporary Skill Shortage) visa |
6 | Regional Employer Nomination (Permanent) (Class RN) visa | Any of the following visas: (a) Subclass 457 (Temporary Work (Skilled)) visa; (ab) Subclass 482 (Skills in Demand) visa; (b) Subclass 482 (Temporary Skill Shortage) visa |
7 | Skilled (Residence) (Class VB) visa | Any of the following visas: (a) Skilled—Independent Regional (Provisional) (Class UX) visa; (b) Bridging A (Class WA) visa or Bridging B (Class WB) visa granted on the basis of a valid application for: (i) a Skilled—Independent Regional (Provisional) (Class UX) visa; or (ii) a Skilled (Provisional) (Class VC) visa; or (iii) a Skilled—Regional Sponsored (Provisional) (Class SP) visa; (c) Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa; (d) Subclass 475 (Skilled—Regional Sponsored) visa; (e) Subclass 487 (Skilled—Regional Sponsored) visa; (f) Skilled—Regional Sponsored (Provisional) (Class SP) visa |
8 | Subclass 482 (Skills in Demand) visa | Any of the following visas: (a) Subclass 457 (Temporary Work (Skilled)) visa; (ab) Subclass 482 (Skills in Demand) visa; (b) Subclass 482 (Temporary Skill Shortage) visa |
9 | Subclass 189 (Skilled—Independent) visa in the Hong Kong stream | Any of the following visas: (a) Subclass 457 (Temporary Work (Skilled)) visa; (ab) Subclass 482 (Skills in Demand) visa; (b) Subclass 482 (Temporary Skill Shortage) visa; (c) Subclass 485 (Temporary Graduate) visa |
10 | Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Regional Provisional Visas stream | Any of the following visas: (a) Subclass 491 (Skilled Work Regional (Provisional)) visa; (b) Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa |
11 | Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Hong Kong (Regional) stream | Any of the following visas: (a) Subclass 457 (Temporary Work (Skilled)) visa; (ab) Subclass 482 (Skills in Demand) visa; (b) Subclass 482 (Temporary Skill Shortage) visa; (c) Subclass 485 (Temporary Graduate) visa |
Student (Temporary) (Class TU) visas
A person is a member of the family unit of an applicant for, or of a holder of, a Student (Temporary) (Class TU) visa if the person is:
a spouse or de facto partner of the applicant or holder; or
a dependent child of the applicant or holder, or of that spouse or de facto partner of the applicant or holder, who is unmarried and has not turned 18.
National Innovation (Class BX) visas
A person is a member of the family unit of an applicant for a National Innovation (Class BX) visa who has not turned 18 at the time of application if:
the person is:
a parent of the applicant who has made a combined application with the applicant for the visa; or
under subregulation (2), a member of the family unit of a parent of the applicant who has made a combined application with the applicant for the visa; and
no person is being treated under subregulation (2) as a member of the family unit of the applicant, in relation to the applicant’s application for the visa; and
no other parent of the applicant is being treated as a member of the family unit of the applicant in accordance with this subregulation.
This Act’s bill:Explanatory statement
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