Australia's Department of Home Affairs has released updated guidance on who qualifies for inclusion in a Subclass 866 permanent protection visa application. The guidance sets out the relatives who can be included in the same application, provided they are physically in Australia when the application is lodged and meet the relevant requirements. This update aims to clarify the rules for including family members in a Protection visa application.
Under the published rules, a designated family head may include certain dependent relatives in a single Protection visa application. Eligible family members include a spouse or de facto partner of the family head, dependent children or step-children of the family head, parents of the family head, brothers or sisters of the family head, grandparents or grandchildren of the family head, aunts or uncles of the family head, cousins of the family head, nieces or nephews of the family head, and step-equivalents of any of the relatives listed above.
The rules establish specific conditions for relatives to qualify as dependants. Dependent children are generally people under 18 years of age. However, a person aged 18 or over may qualify if they are unable to work because of physical or mental incapacitation. They may also qualify if they rely wholly or substantially on a parent or step-parent for financial, psychological or physical support. Children of any age who are married, engaged or living in a de facto relationship cannot be treated as dependants and must make an independent visa application.
For extended family members seeking to be included, additional requirements apply. The relative must not have a spouse or de facto partner and must normally live with the family head. They must also depend wholly or substantially on the family head for financial, psychological or physical support. All people included in the application must satisfy the relevant health, character and security requirements.
The guidance also covers children born in Australia after a Protection visa application has been lodged. If a child is born in Australia before a final decision is made on the application, the child is automatically included in the existing application. The parents must notify the immigration authorities by submitting Form 1022 together with a copy of the child's official birth certificate. A child born in Australia automatically receives the same visa status held by their parents at the time of birth.
However, if either parent is an Australian citizen or permanent resident, the child may instead acquire Australian citizenship by birth. The Subclass 866 Protection Visa offers permanent residency to qualifying asylum seekers who have entered Australia on a valid visa and are physically present in the country when they apply. Applicants must meet health, character and security requirements, and the visa counts towards eligibility for Australian citizenship.
The updated guidance provides clarity on the family members who can be included in a Subclass 866 Protection visa application. The Department of Home Affairs has outlined the eligible relatives and the conditions they must meet to be included in the application. This update aims to assist families in understanding the requirements for including their relatives in a Protection visa application.
Key points
- A designated family head may include certain dependent relatives in a single Protection visa application.
- Eligible family members include a spouse or de facto partner, dependent children or step-children, parents, brothers or sisters, grandparents or grandchildren, aunts or uncles, cousins, nieces or nephews, and step-equivalents.
- Dependent children are generally people under 18 years of age, but a person aged 18 or over may qualify if they are unable to work due to physical or mental incapacitation or rely on a parent or step-parent for support.
