Members of the Family Unit

 
 

The definition of ‘Member of the Family Unit’ as set out in Reg 1.12 was amended to allow for non-dependent children who currently held a 457 visa as a secondary visa holder to be included as a member of the family unit in the ENS or RMS visa application.

The amendments were made in recognition that children who were initially granted a 457 visa as a secondary visa holder will grow older and may no longer be dependent on their parents at the time an ENS or RMS visa application is ready to be lodged, which was unfairly breaking up families.

Reg 1.12(11) and (12) were added to cover the above scenario and allow a former dependent children to be included in their parents ENS or RMS visa application.

Reg 1.12  Member of the family unit

           (11)  In addition to subregulation (1), a person is a member of the family unit of an applicant for an Employer Nomination (Permanent) (Class EN) visa if, at the time of application, the person:

  • holds a Subclass 457 (Temporary Work (Skilled)) visa granted on the basis that the person was a member of the family unit of the holder of a Subclass 457 (Temporary Work (Skilled)) visa; and
  • is included in the application for the Employer Nomination (Permanent) (Class EN) visa.

           (12)  In addition to subregulation (1), a person is a member of the family unit of an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa if, at the time of application, the person:

  • holds a Subclass 457 (Temporary Work (Skilled)) visa granted on the basis that the person was a member of the family unit of the holder of a Subclass 457 (Temporary Work (Skilled)) visa; and
  • is included in the application for the Regional Employer Nomination (Permanent) (Class RN) visa.
Barbara DavidsonMembers of the Family Unit