Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Subject to subregulations (2), (2A), (6) and (7), a person is a member of the family unit of another person (in this subregulation called the family head ) if the person is:
(a) a spouse of the family head; or
(b) a dependent child of the family head or of a spouse of the family head; or
(c) a dependent child of a dependent child of the family head or of a spouse of the family head; or
(e) a relative of the family head or of a spouse of the family head who:
(i) has never married or is widowed, divorced or separated; and
(ii) is usually resident in the family head's household; and
(iii) is dependent on the family head.
(2) A person is a member of the family unit of an applicant for a Student (Temporary) (Class TU) visa if the person is:
(a) a spouse of the applicant; or
(b) a dependent child of the applicant, or of that spouse, who is unmarried and has not turned 18.
(2A) A person is a member of the family unit of a holder of a Student (Temporary) (Class TU) visa if the person is:
(a) a spouse of the holder; or
(b) a dependent child of the holder, or of that spouse, who is unmarried and has not turned 18.
(3) In addition to subregulation (1), a person is a member of the family unit of an applicant for a Contributory Parent (Migrant) (Class CA) visa, being an applicant who was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, if:
(a) the person was a member of the family unit of the applicant, in accordance with subregulation (1), at the time of application for the Contributory Parent (Temporary) (Class UT) visa; and
(b) the person was, in accordance with subregulation (1):
(i) a dependent child; or
(ii) dependent on the family head; and
(c) since the time of application for the Contributory Parent (Temporary) (Class UT) visa, the person has ceased to be:
(i) a dependent child; or
(ii) dependent on the family head.
(4) In addition
to subregulation (1), a person is a member of the family unit of an applicant
for a Contributory Aged Parent (Residence) (Class DG) visa, being an applicant
who was
the holder of a Subclass 884 (Contributory Aged Parent (Temporary))
visa at the time of application, if:
(a) the person was a member of the family unit of the
applicant, in accordance with subregulation (1), at the
time of application
for the Contributory Aged Parent (Temporary) (Class UU) visa; and
(b) the person was, in accordance with subregulation (1):
(i) a dependent child; or
(ii) dependent on the family head; and
(c) since the time of application for the Contributory Aged Parent (Temporary) (Class UU) visa, the person has ceased to be:
(i) a dependent child; or
(ii) dependent on the family head.
(5) In addition to subregulation (1), a person is a member of the family unit of an applicant for a Business Skills (Residence) (Class DF) visa if, at the time of application:
(a) the person holds a visa:
(i) of a subclass included in Business Skills (Provisional) (Class UR); and
(ii) that was granted on the basis that the person was a member of the family unit of a holder of a visa of a subclass included in Business Skills (Provisional) (Class UR); and
(b) the person is included in the application for the Business Skills (Residence) (Class DF) visa.
(6) In addition to subregulation (1), a person is a member of the family unit of an applicant for a Distinguished Talent (Migrant) (Class AL) visa who has not turned 18 at the time of application if:
(a) a parent of the applicant has made a combined application with the applicant for the Distinguished Talent (Migrant) (Class AL) visa ; and
(b) the person is:
(i) that parent; or
(ii) a spouse of that parent; or
(iii) a dependent child of that parent; or
(iv) a dependent child of a spouse of that parent; or
(v) a dependent child of a dependent child of that parent; or
(vi) a dependent child of a dependent child of a spouse of that parent; or
(ix) a relative of that parent who:
(A) has never married or is widowed, divorced or separated; and
(B) is usually resident in that parent's household; and
(C) is dependent on that parent; or
(x) a relative of a spouse of that parent who:
(A) has never married or is widowed, divorced or separated; and
(B) is usually resident in that parent's household; and
(C) is dependent on that parent; and
(c) no person is being treated as a member of the family unit of the applicant, in relation to the applicant's application for the Distinguished Talent (Migrant) (Class AL) visa, in accordance with subregulation (1); and
(d) no other parent of the applicant is being treated as a member of the family unit of the applicant in accordance with this subregulation.
Note Paragraph 1.12 (6) (c) ensures that if one person, or a group of persons, is being treated as a member or members of the family unit of the applicant under subregulation 1.12 (1), another person or group of persons cannot be treated as a member or members of the family unit of an applicant under subregulation 1.12 (6) in relation to that same application.
Paragraph 1.12 (6) (d) ensures that only one parent of the applicant, and the family unit of that one parent (which may include the other parent of the applicant), can be treated as members of the family unit of the applicant under subregulation 1.12 (6).
(7) In addition to subregulation (1), a person is a member of the family unit of an applicant for a Distinguished Talent (Residence) (Class BX) visa who has not turned 18 at the time of application if:
(a) a parent of the applicant has made a combined application with the applicant for the Distinguished Talent (Residence) (Class BX) visa ; and
(b) the person is:
(i) that parent; or
(ii) a spouse of that parent; or
(iii) a dependent child of that parent; or
(iv) a dependent child of a spouse of that parent; or
(v) a dependent child of a dependent child of that parent; or
(vi) a dependent child of a dependent child of a spouse of that parent; or
(ix) a relative of that parent who:
(A) has never married or is widowed, divorced or separated; and
(B) is usually resident in that parent's household; and
(C) is dependent on that parent; or
(x) a relative of a spouse of that parent who:
(A) has never married or is widowed, divorced or separated; and
(B) is usually resident in that parent's household; and
(C) is dependent on that parent; and
(c) no person is being treated as a member of the family unit of the applicant, in relation to the applicant's application for the Distinguished Talent (Residence) (Class BX) visa , in accordance with subregulation (1); and
(d) no other parent of the applicant is being treated as a member of the family unit of the applicant in accordance with this subregulation.
Note Paragraph 1.12 (7) (c) ensures that if one person, or a group of persons, is being treated as a member or members of the family unit of the applicant under subregulation 1.12 (1), another person or group of persons cannot be treated as a member or members of the family unit of an applicant under subregulation 1.12 (7) in relation to that same application.
Paragraph 1.12 (7) (d) ensures that only one parent of the applicant, and the family unit of that one parent (which may include the other parent of the applicant), can be treated as members of the family unit of the applicant under subregulation 1.12 (7).
(8) In addition to subregulation (1), a person is a member of the family unit of:
(a) an applicant for an Employer Nomination (Residence) (Class BW) visa who seeks to satisfy the criteria for the grant of a Subclass 857 (Regional Sponsored Migration Scheme) visa; or
(b) an applicant for a Business Skills (Residence) (Class DF) visa who seeks to satisfy the criteria for the grant of a Subclass 892 (State/Territory Sponsored Business Owner) visa; or
(c) an applicant for a Skilled Independent (Migrant) (Class BN) visa who seeks to satisfy the criteria for the grant of a Subclass 137 (Skilled -- State/Territory‑ nominated Independent) visa;
if, at time of application:
(d) either:
(i) the person is the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa; or
(ii) the last substantive visa held by the person:
(A) since entering Australia; and
(B) within the period of 28 days before the application was made;
was a Skilled -- Independent Regional (Provisional) (Class UX) visa; and
(e) the Skilled -- Independent Regional (Provisional) (Class UX) visa was granted on the basis that the person was a member of the family unit of the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa, granted on the basis that the holder satisfied the primary criteria; and
(f) the person is included in the application for an Employer Nomination (Residence) (Class BW), Business Skills (Residence) (Class DF) or Skilled Independent (Migrant) (Class BN) visa.
(9) In addition to subregulation (1), a person is a member of the family unit of:
(a) an applicant for an Employer Nomination (Residence) (Class BW) visa who seeks to satisfy the primary criteria for the grant of a Subclass 857 (Regional Sponsored Migration Scheme) visa; or
(b) an applicant for a Skilled (Residence) (Class VB) visa who seeks to satisfy the primary criteria for the grant of a Subclass 887 (Skilled -- Regional) visa; or
(c) an applicant for a Skilled (Provisional) (Class VC) visa who seeks to satisfy the primary criteria for the grant of a Subclass 487 (Skilled -- Regional Sponsored) visa;
if, at the time of application:
(d) the person is the holder of:
(i) a Skilled -- Independent Regional (Provisional) (Class UX) visa; or
(ii) a Bridging A (Class WA) visa or Bridging B (Class WB) visa granted on the basis of a valid application for a Skilled -- Independent Regional (Provisional) (Class UX) visa or a Skilled (Provisional) (Class VC) visa; or
(iii) a Skilled -- Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(iv) a Subclass 475 (Skilled -- Regional Sponsored) visa; or
(v) a Subclass 487 (Skilled -- Regional Sponsored) visa; and
(e) the visa mentioned in paragraph (d) was granted on the basis that the person was a member of the family unit of the visa holder who satisfied the primary criteria and the person is included in the application for:
(i) a Skilled (Residence) (Class VB) visa; or
(ii) a Skilled (Provisional) (Class VC) visa; or
(iii) an Employer Nomination (Residence) (Class BW) visa.