Relatives South Africans May Include in One Protection Visa Application to Move to Australia
- Australia’s updated Subclass 866 rules clarify which relatives in the country can join a protection visa application
- Dependent children and extended family members must meet specific age, relationship and support requirements
- Children born in Australia before a decision are added to the application, unless eligible for citizenship through a parent
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South Africans considering a move to Australia now have clearer guidance on which family members they can bring along under the country's permanent protection visa scheme.
Australia's Department of Home Affairs has published updated rules outlining who may be included in a Subclass 866 Protection Visa application. The guidance applies to relatives who are physically present in Australia at the time the application is lodged.
9 Relatives who may qualify
Under the updated rules, a designated family head can list the following relatives on a single application:
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- A spouse or de facto partner
- Dependent children or step-children of the family head
- Dependent children or step-children of the family head's partner
- 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
- Step-equivalents of any of the relatives listed above
Importantly, the "family head" does not have to be the primary applicant. Any member of the family group who has not yet submitted a visa application can take on that role.
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Age and dependency conditions
The department sets out specific conditions for who counts as a dependant. Children under 18 generally qualify automatically. Those aged 18 and over may still be included if they are unable to work due to physical or mental incapacity, or if they rely wholly or substantially on a parent or step-parent for financial, psychological or physical support.
Children who are married, engaged, or in a de facto relationship at any age are not considered dependants and must apply independently.
Extended family members face additional requirements. They must not have a spouse or de facto partner, must ordinarily live with the family head, and must depend substantially on that person for financial, psychological or physical support. All applicants must also meet health, character and security requirements set by the department.
Children born during the application process
The guidance also addresses children born in Australia while a protection visa application is still being processed. Any child born before a final decision is reached is automatically added to the existing application. Parents are required to notify immigration authorities using Form 1022, accompanied by the child's birth certificate.
Such a child receives the same visa status as their parents at the time of birth. However, if either parent holds Australian citizenship or permanent residency, the child may acquire Australian citizenship by birth instead.
Read the full Yen article here.
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Source: Briefly News
