The other day we had a consultation with a young girl who held a 491 Visa as a dependent with her family’s visas.
She said she received legal advice that she couldn’t be included in the Families 191 permanent residency application because she was now over 23 and no longer living at home as a dependent with her parents.
That advice given to her was incorrect. Unfortunately, her family had already applied for the PR without her. She could have easily been included with her family’s 191 application since she was granted her original 491 visa as a dependent.
Many are aware of the usual general rule of being a member of the family unit but they don’t realise that for a number of visas, there are special exemptions available for family members even though they are no longer dependents.
Now the general rule outlines, if you are a child of the main applicant over 18 but less than 23 you can be included as a member of the family unit as long as you are still dependent on the family head.
For most people, this will be as a full-time student and your parents still cover your education and most of your living expenses.
Under the general rule children who have turned 23 can no longer be considered a member of the family unit unless they are incapacitated for work due to the total or partial loss of the first person’s bodily or mental functions.
To show you the visas covered by these special exemptions, we have made a table for you (below) showing the old visa held and the new visa which is going to be applied for.
As long as you hold one of the visas listed on the right-hand column then when it is time to apply for the new visa on the left-hand column, it no longer matters if family memebera do not meet the General rule.
The visas where these exemptions apply are;
The 143 Contributory Parent visa
The 864 Contributory Aged Parent visa
The 890, 891, 892, 893 Business Skills visas
The 888 Business Skills visa
The 186 Employer Nomination visa
The 187 Regional Employer Nomination visa
The 887 Skilled visa
The Subclass 482 (Temporary Skill Shortage) visa
The Subclass 189 (Skilled—Independent) visa in the Hong Kong stream
The Subclass 191 (Permanent Residence visa in the Regional Provisional Visas stream
The Subclass 191 (Permanent Residence) visa in the Hong Kong (Regional) stream
For example, if you held a 482 visa as a member of the family unit then later when it comes to lodging for the 186 Employer Nomination Scheme PR visa, you will still be considered a member of the family unit. This means you no longer have to meet the general rule of being a member of the family unit. So you can be over 23 and also no longer dependent upon your family.
The same goes for those who obtained their 489 visa as dependents, when it comes time to apply for the 887 PR visa with your family, it no longer matters about your age or dependency status.
Now, this video is not about how you meet the requirements of being a member of the family unit in the first place, it is about letting you know there are exemptions available for these specific circumstances.
It depends on what is the next visa you are going to apply for and what visa you hold now.
| Members of the family units of applicants for new visas | ||
| Column 1 New visa applied for |
Column 2 Old visa person holds at time of application for new visa |
|
| 1 | 143 Contributory Parent visa | 173 Contributory Parent visa |
| 2 | 864 Contributory Aged Parent visa | 884 Contributory Aged Parent visa |
| 3 | 890, 891, 892, 893 Business Skills visas | 160,161,162,163,164,165 Business Skills visas |
| 4 | 888 Business Skills visa | 188 Business Skills visa |
| 5 | 186 Employer Nomination visa | Any of the following visas:
(a) Subclass 457 (Temporary Work (Skilled)) visa; |
| 6 | 187 Regional Employer Nomination visa | Any of the following visas:
(a) Subclass 457 (Temporary Work (Skilled)) visa; |
| 7 | 887 Skilled (Residence) (Class VB) visa | Any of the following visas:
(a) 495 Skilled—Independent Regional (Provisional) (Class UX) visa; (b) Bridging A (Class WA) visa or Bridging B (Class WB) visa granted on the basis of a valid application for: (i) a Skilled—Independent Regional (Provisional) (Class UX) visa; or (i) a Skilled—Independent Regional (Provisional) (Class UX) visa; or (ii) a 485 Skilled (Provisional) (Class VC) visa; or (iii) a 489 Skilled—Regional Sponsored (Provisional) (Class SP) visa; (c) 496 Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa; (d) Subclass 475 (Skilled—Regional Sponsored) visa; (e) Subclass 487 (Skilled—Regional Sponsored) visa; (f) 489 Skilled—Regional Sponsored (Provisional) (Class SP) visa |
| 8 | Subclass 482 (Temporary Skill Shortage) visa | Any of the following visas:
(a) Subclass 457 (Temporary Work (Skilled)) visa; |
| 9 | Subclass 189 (Skilled—Independent) visa in the Hong Kong stream | Any of the following visas:(a) Subclass 457 (Temporary Work (Skilled)) visa;(b) Subclass 482 (Temporary Skill Shortage) visa;(c) Subclass 485 (Temporary Graduate) visa |
| 10
|
Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Regional Provisional Visas stream | Any of the following visas:
(a) a Subclass 491 (Skilled Work Regional (Provisional)) visa; or (b) a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa |
| 11 | Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Hong Kong (Regional) stream | Any of the following visas:
(a) Subclass 457 (Temporary Work (Skilled)) visa; |
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