Australia has many post-graduate and skilled workers who can apply for the Temporary Graduate (Subclass 485) (485) visa and the Temporary Skill Shortage (Subclass 482) (482) visa to stay in Australia and contribute their skills to Australia’s in-demand skills industry.
As part of the visa application, applicants can include certain family members to enable them to travel to and / or remain in Australia for the duration of their visa. This article will take you through when, and how, you can add a family member to your 485 or 482 visa application.
Who can be included?
Only a “Member of the Family Unit” (MoFU) are eligible to be included in a 485 or 482 visa application. Generally, this includes:
- a spouse or de facto partner; and
- certain dependent children.
Family members must also meet specific eligibility criteria to be included. You can read more about MoFU and their eligibility criteria here.
You are required to declare all MoFU in your visa application, regardless of whether a family member intends to join you in Australia or not. Importantly, if a family member wishes to join you after your initial visa application, they can apply for a “subsequent-entrant” visa application (further details below).
Can I include my family members in the initial visa application?
Family members can be included in your initial visa application. To include them, you will need to be able to provide evidence of your relationship. This may look like:
- for a spouse or de factor partner: a marriage certificate, or evidence of a de facto relationship (this includes demonstrating household, financial, social, and commitment aspects of your relationship);
- for dependent children: birth certificates or legal adoption documents.
Can I add my family members post-lodgement?
If your circumstances change post-visa lodgement and you now wish to include a MoFU to your visa application (i.e. your child was born, or your spouse decides they want to travel to Australia with you), there are fortunately options available to include them in your visa.
This is typically in the form of a “subsequent-entrant” visa application. What this looks like will depend on if your visa application is still processing, or if you have already been granted your visa.
Adding family members before visa grant
The only family member that can be added to your visa application after it is lodged, but before it is approved is a child who is born during processing.
In these circumstances, a newborn child is considered to have applied for a 485 or 482 visa at the time of their birth, and their application is combined with their parents’.
You must notify the Department of Home Affairs (the Department) about the birth of your child as soon as possible so they can include your child in your unfinalised visa application. To notify the Department, upload the following documents to your visa application in ImmiAccount (or emailing them):
- Form 1022 – Notification of changes in circumstances;
- a colour scan of your baby’s birth certificate; and
- if a 482 visa, a letter from your sponsoring employer confirming sponsorship obligations for the child.
As soon as it is available, you must also provide the Department with a colour scan of your baby’s passport, which will be required for the Department to issue the grant letter.
Adding family members after visa grant
After you have received a visa grant, a MoFU can be added post lodgement with a 485 or 482 “subsequent-entrant” visa application.
The MoFU will either have been declared in your initial visa application, or they will have become a MoFU afterwards, and you will need to be able to evidence your relationship. If granted, they will have the same validity as your visa.
More information?
At Hannan Tew Lawyers, we have assisted various individuals seeking assistance with their 485 and 482 visa applications. If you need legal assistance or have an immigration related query, get in touch with our experienced team. Contact us by email at [email protected] or by phone at +61 3 9016 0484.
