Families · Member of the family unit
Member of the family unit: who can be included, and what happens at 18 and 23
Most Australian visas let the main applicant include their family, and the question of who counts has one answer in the Regulations and several in family life. A partner is included. A child is included while under 18, and from 18 only while dependent, which is a test with a definition, and only until 23 unless incapacity makes the dependence permanent. The test is applied at decision as well as at application, so a child who was included when the application was lodged can fall out of it before the visa is granted. This guide sets out the definition, what dependent means, the two ages that matter, and what to do about a relative who no longer fits.
By Keshab Chapagain, registered migration agent (MARN 1576536) since 2015 · WIDEN, Sydney · Reviewed October 2026
Keshab Chapagain · MARN 1576536 · Registered since 2015 - Partner
- Spouse or de facto
- Child under 18
- Included, own or step
- Child 18 to 22
- Included if dependent and single
- Child 23 and over
- Only if dependent through incapacity
- Tested
- At application and at decision
- Removed 2016
- Parents, siblings, other relatives
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The definition
Regulation 1.12 defines a member of the family unit of a person as their spouse or de facto partner, and a child or step-child of the person or of their partner who is under 18, or who is 18 or over but under 23 and dependent on the person or the partner, or who is 23 or over and dependent because of a physical or mental incapacity, and in each case who does not have a spouse or de facto partner of their own. A dependent child of such a child is included too. That is the whole list for the skilled, employer-sponsored, student, business and most temporary visas. Protection and humanitarian visas, and a few others, use a wider definition, and the subclass's own criteria say which applies.
Partner
A spouse is a person you are married to in a marriage recognised under Australian law, including a same-sex marriage. A de facto partner is a person with whom you have a mutual commitment to a shared life to the exclusion of all others, in a genuine and continuing relationship, living together or not apart on a permanent basis, and, for most visas, in that relationship for at least 12 months before the application unless the relationship is registered under a state or territory law or compelling circumstances apply. The evidence is the same as for a partner visa: the household, finances, social recognition and commitment, and the de facto guide sets it out. A partner is included at any age and whether or not financially dependent.
Children under 18
A child or step-child under 18 is included without a dependency test, as long as they are not married or in a de facto relationship. A step-child means the child of your spouse or de facto partner. Where the other parent is not migrating, the Department requires evidence that you have the legal right to remove the child from their country, usually the other parent's consent or a court order, and that the child's inclusion is in their best interests; that is the requirement that most often delays a family application and it is gathered before lodging.
What dependent means
Regulation 1.05A defines it. A person is dependent on another if they are wholly or substantially reliant on that other person for financial support to meet their basic needs for food, clothing and shelter, that reliance is greater than on any other person or source, and it has existed for a substantial period, or if they are reliant because of a physical or mental incapacity. Three things follow. A child with a part-time job can still be dependent if your support is the substantial part. A child who is self-supporting, or supported mainly by a partner or a government payment, is not. And the reliance has to have a history; a child who became dependent the month before lodgement has a weaker case than one who has lived at home and been supported through study.
Turning 18
A child included under 18 who turns 18 while the application is pending is not removed; the test changes from child to dependent child, and dependency is assessed at decision. In practice that means the family keeps the evidence of support running: the child remains living at home or supported in study, the parent pays the fees and the living costs, and the file shows it. A child who leaves home and starts full-time work after turning 18 and before decision may no longer qualify, and the Department will ask.
Turning 23
This is the hard edge. For most skilled and employer-sponsored visas, the secondary applicant must be a member of the family unit both at the time of application and at the time of decision. A child who was 22 and dependent when the application was lodged, and who turns 23 before it is decided, meets the definition at decision only if dependent because of incapacity. With processing times for permanent skilled visas running many months, a child in their last year of eligibility is a timing problem that has to be solved before lodging: by lodging earlier, by choosing a visa with a shorter processing time, or by planning the child's own visa, which for an adult child is usually a student or skilled visa in their own right rather than a family visa. Some subclasses and some transitional provisions treat the question differently, and the criteria for the specific visa are checked; the general position is the one above.
Incapacity
A child of any age who is dependent because of a physical or mental incapacity is a member of the family unit, with medical evidence of the incapacity and of the dependence. The inclusion then meets the health requirement, which for permanent visas applies to every family member whether or not migrating, and which is where these cases are usually decided: the condition that makes the child dependent is the condition assessed against the significant cost threshold, with a waiver available only on PIC 4007 visas. The health waiver guide covers it.
Who is not included
Since 19 November 2016 parents, siblings, grandparents, nieces, nephews and other relatives are not members of the family unit for the skilled, employer-sponsored and most other visas, however dependent they are. A child who has married or entered a de facto relationship is not, at any age. A child who is 23 or over and not incapacitated is not. A former partner is not. A partner's child who is not your step-child because you and the partner are not in a recognised relationship is not. For each of these the route, if there is one, is a visa in their own right: a parent visa, a child visa for a child who still qualifies under that subclass's wider rules, a skilled or student visa for an adult child.
Evidence
- Birth certificates naming the parents; for a step-child, the partner's birth certificate for the child and the evidence of your relationship with the partner.
- For a dependent child over 18: enrolment and fee records, evidence that the child lives with you or is housed by you, bank records of support, and a statement of the child's own income if any.
- For a child whose other parent is not migrating: the other parent's consent or a court order, and evidence of custody.
- For incapacity: medical reports describing the condition, its permanence and the care the child needs.
- For a de facto partner: the relationship evidence, and the registration certificate where the relationship is registered.
Alternatives
A relative who cannot be included is not necessarily left behind. A child who no longer meets the dependency test may qualify for a child visa once a parent is permanent, within that subclass's own age and dependency rules, or for a student or skilled visa of their own. A parent has the parent visa routes, slow and expensive as they are. A partner not yet in a 12-month relationship can be added later as a subsequent entrant once the relationship qualifies. The order in which the family's applications are made is the thing the consultation settles, because the wrong order can cost a child their place.
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General information only, current at October 2026; not advice on your own case. Regulations 1.05A and 1.12 of the Migration Regulations 1994, and the secondary criteria of the relevant subclass, as in force at the date above. Outcomes depend on the Department’s assessment of each application; no registered migration agent can guarantee a result (Code of Conduct, Migration Agents Regulations). Keshab Chapagain, MARN 1576536.
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Can my 20-year-old be included in my skilled visa?
Yes, if they are dependent on you: not married or in a de facto relationship, and wholly or substantially reliant on you for financial support for their basic needs, more than on any other person, for a substantial period. A full-time student living at home and supported by you usually meets it. A child working full time and supporting themselves usually does not, whatever their age.
My child turns 18 during processing. Are they removed?
No. Turning 18 does not remove a child; it changes the test. Under 18 a child is included as a child. From 18 they must be dependent, and the Department assesses dependency at decision as well as at application. Keep the evidence of support running through the processing period.
My child will turn 23 before the visa is decided. What then?
For most skilled and employer-sponsored visas the child must meet the definition when the application is made and again when it is decided. A child who has turned 23 by decision is a member of the family unit only if dependent because of a physical or mental incapacity. That is the hardest case in this area, and the time to deal with it is before lodging, by timing the application or planning the child's own visa.
Can I include my parents, or my partner's child from a previous relationship?
Parents, siblings, grandparents and other relatives have not been members of the family unit for most visas since November 2016. A step-child, meaning your partner's child, is included on the same terms as your own child: under 18, or 18 to 22 and dependent. A child who is not your partner's child is not.
Does my partner have to be married to me?
No. A spouse or a de facto partner is included. A de facto relationship generally needs 12 months before the application, or a registered relationship in a state or territory, with the same evidence of a genuine, continuing, exclusive relationship as a partner visa.
What does the consultation cost?
A$330 inc. GST for 30 minutes by video with Keshab Chapagain (MARN 1576536), credited in full if you engage WIDEN. Where a child is near 18 or 23, the session is about timing the application so that the child is still included at decision.
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