“Am I considered a dependent?” – Visa Applications and understanding the definition of a ‘dependent’.
Many visa applications in Australia allow applicants to include family members in their application if they are considered ‘dependents’. It is often assumed that the term dependent is limited to dependents under the age of 18. Although you may be considered a dependent if under the age of 18, persons over the age of 18 may still be considered a dependent if they satisfy the criteria outlined in the Migration Regulations 1994.
A dependent is defined in Regulation 1.05A of the Migration Regulations 1994. A person is considered dependent on another person if at the time when it was necessary to establish whether the first person is dependent on the other person, the first person
- is and has been for a substantial period immediately before that time, ‘wholly or substantially reliant on the other person for financial support’ to meet the first person’s basic needs for food clothing and shelter; and
- the first person’s reliance on the other person is greater than any reliance by the first person on any other person, or source of support, for financial support to meet the first person’s basic needs for food, clothing and shelter; or
- the first person is wholly or substantially reliant on the other person for financial support because the first person is incapacitated for work due to the total or partial loss of the first person’s bodily or mental functions
For the purposes of applications for:
- a protection visa; or
- a Refugee and Humanitarian (Class XB) visa; or
- a Temporary Safe Haven(Class UJ) visa;
a person is considered a dependent if the first person is ‘wholly or substantially reliant on the other person for financial, psychological or physical support’.
If you would like further information to understand whether you or a family member are considered a dependent for the purposes of a visa application, please do not hesitate to contact one of our friendly staff at Bambrick Legal who can provide further information and assist with your application today.
If you have any queries about this article, please contact:
Mobile: 0439 981 969
Liability limited by a scheme approved under Professional Standards Legislation (SA)