At Remitly, we know that moving to another country for work is a life-changing decision. For many, it’s a journey that they want to share with their family. If you’re moving to Australia for work and looking into bringing your family with you, this straightforward guide will help you gain a clear and confident understanding of the Australia work visa dependent rules.
This article will break down the information regarding dependents into easy-to-understand terms to help you navigate what can feel like a confusing and complex process. We’ll cover the definition of a dependent, the rights your dependents have, the application process, and the key requirements to bring your loved ones with you to the land down under.
Who is considered a dependent?
Australian immigration law defines a dependent as an individual, typically a spouse or a child, who is wholly or substantially reliant on another person for financial support.
The “family unit” in Australia is typically considered to be two adults and their children under the age of eighteen, although other individuals might have relationships with the primary visa applicant that make them eligible to be considered a dependent.
Eligible relationships
While the exact requirements and definitions may vary by visa subclass, dependents of primary work visa applicants in Australia must generally fit into one of the following categories:
- Spouses and de facto partners (including same-sex partners)
- Dependent children under 18 years old
- Dependent children ages 18 to 23 who are financially reliant on the primary visa applicant
- Dependent children over the age of 23 with a partial or total physical or mental disability
Proving the relationships
In order for your visa application process to go smoothly, you’ll have to prove the relationship you have with any of your dependents. In order to do this, you can submit supporting documents like marriage certificates or birth certificates. You can also submit unofficial documents like photos, proof of communication, and proof of joint travel.
If you have a de facto partner to whom you are not legally married or a child over the age of 18 whom you’re trying to bring to Australia as a dependent, it is especially important to provide sufficient proof of the dependent relationship.
Can my family work and study in Australia?
The family members that you bring over on your work visa depend on you—that’s why they’re “dependents,” after all! However, once you arrive in Australia, how free are your dependents to independently work or study? Read on to learn about the rights and limitations of your dependents.
Work rights
While the exact rules vary by visa subclass, the dependents on most temporary work visas generally have full, unrestricted working rights. This means that your dependents can work for any employer in a full-time or part-time capacity.
These rights present a significant benefit: dependents can apply for jobs, allowing families to have multiple income streams. Depending on your visa, some specific conditions might apply. It is always crucial to check the visa grant notice to understand the working rights of your dependents.
Study rights
Dependents can study while in Australia. However, as non-citizens, they’ll likely be subject to international student fees. University tuition and fees for international students are often very expensive and should be considered in any pre-immigration financial planning.
School-aged children must be enrolled in mandatory schooling. Fees for public schools for temporary visa holders can vary by state and territory. Check in with the specific school website in your state and territory to understand the fees that will be charged to the families of temporary visa holders who have a school-aged child.
The application process: including your dependents
If you’re moving to Australia on a temporary work visa and you want to include your family in the process, there are two different timelines you can follow. The first is to apply all together at the same time. The second is to apply separately, with your dependents coming into Australia as subsequent entrants.
Regardless of which timeline you choose to follow, it’s imperative that all family members meet the health and character requirements. Below, we break down the specifics of each option.
Option 1: applying together
This is typically the easiest option for families looking to move to Australia as it streamlines the application process. You’ll be able to include the dependents on the primary applicant’s initial visa application.
- Gather documents
Collect the required information for the primary applicant and all dependents. This typically includes passports, identity documents, background checks, and proof of each dependent’s relationship to the primary applicant.
- Apply online
Create an ImmiAccount on the Department of Home Affairs website and submit the visa application online.
- Include dependent information
Add your dependents to your application and upload their supporting documents.
- Pay the fees
Pay the corresponding visa application charge in order for your application to be processed.
Option 2: applying separately (subsequent entrants)
In some cases, you may want to have your work visa approved before you involve your family. In this case, you can add dependents after the primary applicant has already been granted their visa. This is called a “subsequent entrant” application.
- Access your ImmiAccount
Enter your ImmiAccount portal.
- Submit the relevant subsequent entrant application
Upload the supporting documents for each of your dependents and submit the materials online. Be sure to use the subsequent entrant form that corresponds to your visa subclass.
- Pay the fees
Send in the payments of the visa application charge for each dependent.
Key requirements for dependents
It’s crucial to be able to prove the relationships between you and your family members if you want to bring them to Australia as dependents. The relationships can be supported by official and unofficial documents. As a rule, the more information you can provide, the easier it will be for your dependents to be approved.
- Proof of relationship
In order to officially prove a relationship, you can provide documents like marriage certificates, birth certificates, or adoption papers. You can also submit documents that show a shared life, like joint bank accounts, bills, and photos.
- Nomination from the primary visa holder’s work sponsor (specifically for the subclass 482 visa)
The employer of the primary visa holder has to agree in writing to include family members who are nominated as dependents on a visa application. This specifically applies to the Skills in Demand visa (subclass 482) and is generally not needed for holders of other work visas. - Health requirements
Most dependents will have to undergo a health examination with a panel physician. This helps maintain Australia’s health standards, which are some of the highest in the world.
- Character requirements
Dependents over age 16 must provide police certificates from every country they have lived in for 12 months or more in the last 10 years in order to prove that they meet Australia’s character requirements. Dependents will also be expected to learn about Australia and sign an Australian Values Statement.
- Financial capacity
Depending on the type of work visa you hold, you’ll likely need to demonstrate financial support for your family upon their arrival. This can be proven with bank statements, payslips, etc.
- English proficiency
Dependents may need to demonstrate a functional level of English. This is waived for citizens of Canada, New Zealand, Ireland, the UK, and the US. It is also waived for anyone who has completed a certain level of education where the main language of instruction was English. If you don’t meet the waiver requirements, you can prove your English proficiency by taking an official test.
Understanding these requirements can help you get started on gathering all of the supporting documents in advance of your visa application. It’s a good idea to have original documents you’ll submit to support your dependent relationships, plus physical and digital copies. This will help you feel less overwhelmed as you move through the process.
Planning your family’s move
You don’t have to make your move to Australia for work on your own. You’re able to include dependents on a work visa application. In order for them to be approved as dependents on your visa, it is essential that they meet the requirements for relationship to the primary applicant, health, and character. In general, the dependents included on your own work visa will have the right to work and study in Australia.
Although the visa application process requires a lot of careful preparation, it is a well-trodden path for many families. Staying up-to-date on the most recent application processes and planning your application far in advance will help you succeed.
Understanding the work visa dependent rules is just the beginning of your family’s move to Australia. If you’re looking to move forward with personalised advice on your situation, reach out to a registered migration agent to ensure a smooth process for you and your family.
FAQs
What are the work rights for a spouse on a 482 visa?
The spouse of an individual with a valid 482 visa also has full working rights. This allows the spouse to work for any employer, full-time or part-time. As soon as they arrive in Australia, the spouse should apply for a Tax File Number (TFN) to start working legally.
How do I prove a de facto relationship for an Australian visa?
Proving a de facto relationship for Australia visa purposes depends on four factors:
- Finances
- Nature of the household
- Social recognition
- Mutual commitment
To prove a financial relationship, you can show joint accounts, shared purchases, or shared expenses. Your household relationship can be supported by shared rental contracts or shared ownership of a home. You can also provide documents proving shared parental duties when possible. For the purposes of social recognition and mutual commitment, prepare photos from all stages of your relationship, sworn declarations from friends and family, proof of communication over time, proof of joint travel, and any other documentation that supports your long-term and continuous relationship.
Can I add my parents as dependents on my work visa?
No. Most work visas in Australia only consider partners and dependent children as part of the family unit. You have to apply for a separate Parent visa in order to bring your parents to Australia.