Changes to the Temporary Work Visa – Including Family Members

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-work-400#About

Changes to the Temporary Work Visa. When lodging an application for an Australian visa, it is generally possible for family members to be included. Once the application is granted, all the family members included in the application would also be granted visas.

Starting the 19^th of November, certain changes are going to be made so that relatives can also be included in the visa application.

The Spouse and Children Only

Right now, it is still allowed to include your dependent relatives once you apply for a visa, even if they are not your spouse or children. As an example, it is quite common for 457 applicants to include a dependent parent in the applications.

From the 19th of November however, this is all going to change as it will no longer be possible for the applicant to do that. Only the spouse (this includes the defacto spouse) and the children who will be considered as members of the family unit.

What is the maximum age for Children?

By default, the children of the applicant who are under 18 are going to be considered to be members of the family unit.

Children who are over 18 can be included in visa applications at present, provided that they are still dependent on their parent financially. As it is, it would be necessary to provide evidence that they are still financially dependent, are still studying, and have not started working full time yet.

From November, 19^th, children can only be included in the visa application provided that they are under 23 years old. This is likely to affect a lot of potential applicants who have children in the adult age.

If you would like to include your child who is over 23 in your visa application, proof would need to be submitted showing the child does not have the capacity to work. This would usually end up in issues which would also need to meet the health criteria for the visa.

Including Adult Children in Subsequent Visa Applications

It is usually common for individuals to submit an application for a temporary visa, and then submit another application for further stay in the country after a few years living and working in Australia. One problem that may present itself is showing children and their other family members are still dependent on them when applying for the subsequent visa.

From November 19^th, family members are going to be considered to be members of the family unit when lodgin an application for the subsequent visas, even if they are no longer financially dependent to their parents. This only applies however, to the following instances:

• If they hold Temporary Work (Skilled) Subclass 457 visas and are applying for the Employer Nomination Scheme (ENS) Subclass 186 or Regional Sponsored Migration Scheme (RSMS) Subclass 187 visas
• If they have Temporary Work (Skilled) Subclass 457 visas applying for a further 457 visa
• Holders of Skilled Regional Provisional (Subclass 489) applying for Skilled Regional Permanent Subclass 887 visas
• If they have the Provisional Business Skills Subclass 188 visas applying for Permanent Business Skills Subclass 888 visas
• If they have the Temporary Contributory Parent (Subclass 173 and 884) visas and are applying for Permanent Contributory Parent (Subclass 143 and 864) visas.

In order to avoid these changes, applications need to be submitted prior to November 19^th so dependent family members can be included, especially those who are 23 years or over.

These changes are going to be beneficial to some temporary and provisional visa holders who would like to include their family members in applying for a subsequent visa. Changes to the Temporary Work Visa.

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