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Rules Change in rule regarding the eligibility of the secondary applicant

MysticRiver

Administrator
Staff member
Messages
14,372
Points
113
There has been a major change regarding the eligibility of the secondary applicants, affected from 19th November 2016. In the new rule, you can add the following members ONLY in you application as secondary applicants
  1. is a spouse or de facto partner of the family head
  2. 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)

A big change is the removal of parents and other dependents from the eligible list. For example, to have your parents migrated, you now have to apply separate visa for them in the parent category visas or aged dependent relative visa category.

Note: This new rule is not applicable for refugee, humanitarian or protection visa applications, where the applicant can still include "other dependents family members" such as parent, brother, sister, grandparent, grandchild, aunt, uncle, cousin, niece, nephew or step equivalent, if they meet certain criteria.

Below are the criteria for dependency:

The Partner:
Your partner can be married to you or they can be your de facto partner. Your de facto partner can be the same or opposite sex. You must prove:
  • the relationship is genuine and continuing
  • your partner is at least 18 years of age when the application is lodged (there are some exceptions)
  • you are not related by family (if you are in a de facto relationship)
  • you and your partner have a mutual commitment to a shared life to the exclusion of all others, and
  • you live together, or do not live separately on a permanent basis.
For a married partner, the marriage must be legal under Australian law. For a de facto partner, the relationship needs to have existed for 6 or 12 months before you lodge the application. The length of the de facto relationship depends on the visa you are applying for.

The Child:
To include a child as migrating with you in your visa application, the child must:
  • be your child or a stepchild from a current or a previous relationship (in certain circumstances);
  • not be married, engaged to be married, or have a de facto partner; and must be:
    1. under 18 years of age, or
    2. over 18 years of age but not yet turned 23, and be dependent on you or your partner, or
    3. over 23 years of age and be unable to earn a living to support themselves due to physical or cognitive limitations and be dependent on you or your partner, or
    4. a dependent child of a child who is eligible under 1, 2 or 3 above.
Your child or stepchild is considered to be dependent if they continue to be wholly or substantially reliant on you for their basic needs (food, clothing and shelter). Acceptable documents that can show a parent-child relationship include:
  • a certified copy of each child’s birth certificate, or
  • a certified copy of adoption papers.
Some visas require that the child has never been married or in a de facto relationship.

Newborn child:
If your child is born after you lodge your application (but before it is decided), you must tell DIBP as soon as possible. You can do this as follows:
  • Complete form 1022 Notification of changes in circumstances.
  • Attach a certified copy of the birth certificate to the form.
  • Mail them to the office that is processing your application.
 

richard

Commoner
Messages
73
Points
8
MSA
2017-08-14
Skill
341111
SC
189
Point
65
EOI
2017-08-16
Inv.
2017-09-20
App.
2017-11-15
CO
2018-02-05
PCC
2017-11-15
HC
2017-11-15
Grant
2018-05-31
IED
2018-09-01
There has been a major change regarding the eligibility of the secondary applicants, affected from 19th November 2016. In the new rule, you can add the following members ONLY in you application as secondary applicants
  1. is a spouse or de facto partner of the family head
  2. 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)

A big change is the removal of parents and other dependents from the eligible list. For example, to have your parents migrated, you now have to apply separate visa for them in the parent category visas or aged dependent relative visa category.

Note: This new rule is not applicable for refugee, humanitarian or protection visa applications, where the applicant can still include "other dependents family members" such as parent, brother, sister, grandparent, grandchild, aunt, uncle, cousin, niece, nephew or step equivalent, if they meet certain criteria.

Below are the criteria for dependency:

The Partner:
Your partner can be married to you or they can be your de facto partner. Your de facto partner can be the same or opposite sex. You must prove:
  • the relationship is genuine and continuing
  • your partner is at least 18 years of age when the application is lodged (there are some exceptions)
  • you are not related by family (if you are in a de facto relationship)
  • you and your partner have a mutual commitment to a shared life to the exclusion of all others, and
  • you live together, or do not live separately on a permanent basis.
For a married partner, the marriage must be legal under Australian law. For a de facto partner, the relationship needs to have existed for 6 or 12 months before you lodge the application. The length of the de facto relationship depends on the visa you are applying for.

The Child:
To include a child as migrating with you in your visa application, the child must:
  • be your child or a stepchild from a current or a previous relationship (in certain circumstances);
  • not be married, engaged to be married, or have a de facto partner; and must be:
    1. under 18 years of age, or
    2. over 18 years of age but not yet turned 23, and be dependent on you or your partner, or
    3. over 23 years of age and be unable to earn a living to support themselves due to physical or cognitive limitations and be dependent on you or your partner, or
    4. a dependent child of a child who is eligible under 1, 2 or 3 above.
Your child or stepchild is considered to be dependent if they continue to be wholly or substantially reliant on you for their basic needs (food, clothing and shelter). Acceptable documents that can show a parent-child relationship include:
  • a certified copy of each child’s birth certificate, or
  • a certified copy of adoption papers.
Some visas require that the child has never been married or in a de facto relationship.

Newborn child:
If your child is born after you lodge your application (but before it is decided), you must tell DIBP as soon as possible. You can do this as follows:
  • Complete form 1022 Notification of changes in circumstances.
  • Attach a certified copy of the birth certificate to the form.
  • Mail them to the office that is processing your application.
hello, hope you are well
i got a question since there been changes regarding medicals for family member, does it mean if my partner/wife is not migrating won't do medicals?
Thank you
 
MSA
2017-08-14
Skill
341111
SC
189
Point
65
EOI
2017-08-16
Inv.
2017-09-20
App.
2017-11-15
CO
2018-02-05
PCC
2017-11-15
HC
2017-11-15
Grant
2018-05-31
IED
2018-09-01
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