Adding family members
Overview
Many Australian visas allow eligible family members to be included in the original visa application, or to join later. In migration law, the key concept is usually “member of the family unit” (Migration Regulations 1994 (Cth), reg 1.12). Whether you can add a family member after lodgement depends on your visa subclass and whether the application is still undecided.
Two different situations (important)
- Your visa application is still being processed (no decision yet): you may be able to add an eligible partner and/or dependent child to the same application, but only where the law allows.
- Your visa has already been granted: your partner/child usually applies separately later (often called a “subsequent entrant” application), if your visa subclass provides that option.
Situation 1: Adding a partner/child before a decision is made (application pending)
If your application has not yet been decided, the Migration Regulations provide specific pathways to add certain family members to an existing application. The main regulations are:
- Adding a spouse/de facto partner or dependent child to certain permanent visa applications (where combined applications are permitted).
- Adding a dependent child to certain specified temporary visa applications.
- Adding newborn child born after lodgement but before decision (deemed application).
Permanent visas: (add spouse/de facto partner or dependent child)
Regulation 2.08A allows an original applicant to request that their spouse/de facto partner or dependent child be added to a pending application for a permanent visa, but only where Schedule 1 permits combined applications for that visa class.
In general, the legal requirements include:
- The original application must be for a permanent visa where combined applications are permitted.
- The request must be made after lodgement but before the visa decision, and it must be in writing.
- The request must state the relationship claimed (spouse/de facto partner or dependent child).
- The relevant additional applicant charge (if any) must be paid.
- At the time the request is received and the charge is paid, the additional applicant must meet the Schedule 1 “whereabouts at time of application” requirements for that visa class.
- The additional applicant must meet the applicable secondary criteria at the time the application is taken to be made and at the time of decision.
If the requirements are met, the additional applicant is taken to have applied for the same class of visa, and their application is taken to be combined with the original application. The additional applicant’s application date is taken to be the later of the request being received and the additional applicant charge being paid.
Temporary visas: add a dependent child to certain temporary visa applications
Regulation 2.08B allows an original applicant to add a dependent child to certain specified temporary visa applications, if the request is made before the application is decided.
- This regulation is limited. It applies only to dependent children and only to the temporary visa classes listed in the regulation (examples include):
- Subclass 445 (Dependent Child) (linked to certain partner processing circumstances).
- Subclass 300 (Prospective Marriage).
- Subclass 309 (Partner (Provisional)) and subclass 820 (Partner (Temporary)).
- Subclass 188 (Business Innovation and Investment (Provisional)).
- Subclass 485 (Temporary Graduate).
- Subclass 489 (Skilled — Regional Sponsored (Provisional)) and subclass 491 (Skilled Work Regional (Provisional)).
- Subclass 494 (Skilled Employer Sponsored Regional (Provisional)).
The requirements generally include a written request made after lodgement but before decision, payment of the additional applicant charge and any subsequent temporary application charge (if applicable), and the child meeting Schedule 1 whereabouts requirements at the time the request/charges are received/paid. The child must also satisfy the applicable secondary criteria at the time the application is taken to be made and at time of decision.
Newborn child after lodgement: Reg 2.08 (deemed application)
If a child (other than a contributory parent newborn child) is born to a non-citizen after a visa application is made but before it is decided, regulation 2.08 generally provides that the child is taken to have applied for a visa of the same class at the time they were born, and the child’s application is taken to be combined with the parent’s application.
- Key practical points:
- No separate “application” is required to create the child’s deemed application, and a separate visa application charge is generally not payable for that deemed application.
- Parents must notify the Department as soon as practicable of the birth because it is a change in circumstances (s 104 Migration Act 1958 (Cth)).
- If birth evidence is not provided, the Department may request it (for example, under s 56).
- Policy notes that even if the Department is notified after a decision is made on the parent’s application, the deemed application can still exist and must be decided once the Department becomes aware of it.
- Where both parents made a combined application, the newborn may be taken to have made two combined applications and may require two decisions.
Situation 2: After your visa is granted (Subsequent Entrant applications)
If your visa has already been granted, adding someone to the original application is no longer possible. Instead, your eligible family member may apply later to join you, if your visa subclass provides a pathway for them to do so (often called a “subsequent entrant”).
After your visa is granted
- Common examples where subsequent entrant pathways are used include:
- Student visa (subclass 500) – family members may apply later as dependants.
- Employer-sponsored temporary visas (for example, where a subclass provides a subsequent entrant stream).
- Regional employer-sponsored visas (where the visa subclass provides a subsequent entrant option).
A subsequent entrant application usually requires identity documents, relationship evidence, and health and character checks. Work rights depend on the visa subclass and the conditions attached to the family member’s visa.
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FAQs
Sometimes. It depends on your situation (1) whether your application is still undecided, and situation (2) whether your visa class allows additional applicants to be added after lodgement. If your visa has already been granted, you generally cannot add someone to that original application.
This is most commonly possible for certain permanent visas where combined applications are permitted under Schedule 1. You must make a written request before the application is decided, pay any required additional applicant charge, and your partner must meet the relevant Schedule 1 and Schedule 2 requirements.
A dependent child may be added to certain pending permanent visa applications.A dependent child may also be added to certain specified temporary visa applications. Examples commonly include partner-related subclasses (300/309/820), 188, 485, 491 and 494, among others.
Usually not. If your visa subclass provides a “subsequent entrant” pathway, your partner may apply separately to join you after your visa is granted.
In many cases, a newborn child is taken to have made a combined application for the same class of visa (a deemed application). You should notify Home Affairs as soon as practicable and provide the child’s identity documents ( birth certificate and passport copy) once received .
If your visa has been granted, your family member can only join later if there is a valid pathway for them to apply (often called a “subsequent entrant”). This is common for Student visa (subclass 500) and for some employer-sponsored or regional employer-sponsored visas (for example, subclasses with a subsequent entrant stream such as 482/494). Whether a subsequent entrant option exists depends on your exact visa subclass and stream.
However if you have granted permanent visa, then the only option can be partner visa or a child visa.
Yes. A change in circumstances (for example, marriage, starting a de facto relationship, pregnancy/birth, or changes to custody arrangements) may need to be notified to Home Affairs. Notifying does not automatically mean your family member is added—eligibility depends on the relevant regulation and visa class.
Check the official Home Affairs page for your visa subclass and stream, and seek advice if you are unsure
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