# Member of the family unit

> reg-1.12 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

1.12 Member of the family unit

               Scope
          (1) This regulation has effect for the purposes of the definition (the main definition)
              of member of the family unit in subsection 5(1) of the Act.

               General rule
          (2) A person is a member of the family unit of another person (the family head) if
              the person:
                (a) is a spouse or de facto partner of the family head; or
                (b) is a child or step-child of the family head or of a spouse or de facto partner
                    of the family head (other than a child or step-child who is engaged to be
                    married or has a spouse or de facto partner) and:
                      (i) has not turned 18; or
                     (ii) has turned 18, but has not turned 23, and is dependent on the family
                          head or on the spouse or de facto partner of the family head; or








                     (iii) has turned 23 and is under paragraph 1.05A(1)(b) dependent on the
                           family head or on the spouse or de facto partner of the family head; or
                (c) is a dependent child of a person who meets the conditions in paragraph (b).
               This subregulation has effect subject to the later subregulations of this regulation.

               Protection, refugee and humanitarian visas
          (3) Subregulation (4) has effect for the purposes of the main definition so far as it is
              relevant to a provision of the Act or these Regulations applying in relation to any
              of the following visas:
                (a) a Protection (Class XA) visa;
                (b) a Refugee and Humanitarian (Class XB) visa;
                (c) a Temporary Protection (Class XD) visa;
                (d) a Safe Haven Enterprise (Class XE) visa;
                (e) a Resolution of Status (Class CD) visa;
                 (f) a Temporary Safe Haven (Class UJ) visa;
                (g) a Temporary (Humanitarian Concern) (Class UO) visa;
                (h) a Territorial Asylum (Residence) (Class BE) visa.
          (4) A person is a member of the family unit of another person (the family head) if
              the person is:
                (a) a spouse or de facto partner of the family head; or
                (b) a dependent child of:
                      (i) the family head; or
                     (ii) a spouse or de facto partner of the family head; or
                (c) a dependent child of a dependent child of:
                      (i) the family head; or
                     (ii) a spouse or de facto partner of the family head; or
                (d) a relative, of the family head or of a spouse or de facto partner of the
                    family head, who:
                      (i) does not have a spouse or de facto partner; and
                     (ii) is usually resident in the family head’s household; and
                    (iii) is dependent on the family head.

               Member of the family unit of applicant for a new visa on the basis of earlier
               status as member of the family unit
          (5) In addition to subregulation (2), a person is a member of the family unit, of an
              applicant for a visa (the new visa) described in column 1 of an item of the
              following table who seeks to satisfy the primary criteria for the new visa, if, at
              the time of the application for the new visa, the person:
                (a) is included in the application for the new visa; and
                (b) holds a visa (the old visa) described in column 2 of the item granted on the
                    basis that the person was a member of the family unit of a person who held
                    a visa of the same kind as the old visa.









 Members of the family units of applicants for new visas
       Column 1                                             Column 2
       New visa applied for                                 Old visa person holds at time of application
                                                            for new visa
 1     Contributory Parent (Migrant) (Class CA)             Contributory Parent (Temporary) (Class UT)
       visa                                                 visa
 2     Contributory Aged Parent (Residence) (Class          Contributory Aged Parent (Temporary) (Class
       DG) visa                                             UU) visa
 3     Business Skills (Residence) (Class DF) visa          Business Skills (Provisional) (Class UR) visa
 4     Business Skills (Permanent) (Class EC) visa          Business Skills (Provisional) (Class EB) visa
 5     Employer Nomination (Permanent) (Class               Any of the following visas:
       EN) visa                                             (a) Subclass 457 (Temporary Work (Skilled))
                                                                visa;
                                                            (ab) Subclass 482 (Skills in Demand) visa;
                                                            (b) Subclass 482 (Temporary Skill Shortage)
                                                                visa
 6     Regional Employer Nomination (Permanent)             Any of the following visas:
       (Class RN) visa                                      (a) Subclass 457 (Temporary Work (Skilled))
                                                                visa;
                                                            (ab) Subclass 482 (Skills in Demand) visa;
                                                            (b) Subclass 482 (Temporary Skill Shortage)
                                                                visa
 7     Skilled (Residence) (Class VB) visa                  Any of the following visas:
                                                            (a) 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
                                                                   (ii) a Skilled (Provisional) (Class VC)
                                                                        visa; or
                                                                   (iii) a Skilled—Regional Sponsored
                                                                        (Provisional) (Class SP) visa;
                                                            (c) Skilled—Designated Area-sponsored
                                                                (Provisional) (Class UZ) visa;
                                                            (d) Subclass 475 (Skilled—Regional
                                                                Sponsored) visa;
                                                            (e) Subclass 487 (Skilled—Regional
                                                                Sponsored) visa;
                                                            (f) Skilled—Regional Sponsored (Provisional)
                                                                (Class SP) visa









 Members of the family units of applicants for new visas
       Column 1                                             Column 2
       New visa applied for                                 Old visa person holds at time of application
                                                            for new visa
 8     Subclass 482 (Skills in Demand) visa                 Any of the following visas:
                                                            (a) Subclass 457 (Temporary Work (Skilled))
                                                                visa;
                                                            (ab) Subclass 482 (Skills in Demand) visa;
                                                            (b) Subclass 482 (Temporary Skill Shortage)
                                                                visa
 9     Subclass 189 (Skilled—Independent) visa in           Any of the following visas:
       the Hong Kong stream                                 (a) Subclass 457 (Temporary Work (Skilled))
                                                                visa;
                                                            (ab) Subclass 482 (Skills in Demand) visa;
                                                            (b) Subclass 482 (Temporary Skill Shortage)
                                                                visa;
                                                            (c) Subclass 485 (Temporary Graduate) visa
 10    Subclass 191 (Permanent Residence (Skilled           Any of the following visas:
       Regional)) visa in the Regional Provisional          (a) Subclass 491 (Skilled Work Regional
       Visas stream                                             (Provisional)) visa;
                                                            (b) Subclass 494 (Skilled Employer
                                                                Sponsored Regional (Provisional)) visa
 11    Subclass 191 (Permanent Residence (Skilled           Any of the following visas:
       Regional)) visa in the Hong Kong (Regional)          (a) Subclass 457 (Temporary Work (Skilled))
       stream                                                   visa;
                                                            (ab) Subclass 482 (Skills in Demand) visa;
                                                            (b) Subclass 482 (Temporary Skill Shortage)
                                                                visa;
                                                            (c) Subclass 485 (Temporary Graduate) visa

               Student (Temporary) (Class TU) visas
          (6) A person is a member of the family unit of an applicant for, or of a holder of, a
              Student (Temporary) (Class TU) visa if the person is:
               (a) a spouse or de facto partner of the applicant or holder; or
               (b) a dependent child of the applicant or holder, or of that spouse
                   or de facto partner of the applicant or holder, who is unmarried and has not
                   turned 18.

               National Innovation (Class BX) visas
          (7) A person is a member of the family unit of an applicant for a National Innovation
              (Class BX) visa who has not turned 18 at the time of application if:
                (a) the person is:
                      (i) a parent of the applicant who has made a combined application with
                          the applicant for the visa; or







                      (ii) under subregulation (2), a member of the family unit of a parent of the
                           applicant who has made a combined application with the applicant for
                           the visa; and
                 (b) no person is being treated under subregulation (2) as a member of the
                     family unit of the applicant, in relation to the applicant’s application for the
                     visa; and
                 (c) no other parent of the applicant is being treated as a member of the family
                     unit of the applicant in accordance with this subregulation.
