Australia has clarified which family members can be included in a Subclass 866 Permanent Protection visa application, publishing detailed guidance on the relatives who may share a single claim.
The Department of Home Affairs released the updated rules, which allow a family head to bring a broad range of dependent relatives under one application, provided all of them are physically present in Australia at the time of lodging.
Who Qualifies as an Eligible Relative
The guidance identifies nine categories of relatives who may be listed on the same application. These are:
- A spouse or de facto partner of the family head
- Dependent children or step-children of the family head
- Dependent children or step-children of the family head’s partner
- Parents of the family head Brothers or sisters of the family head
- Grandparents or grandchildren of the family head
- Aunts or uncles of the family head
- Cousins of the family head
- Nieces or nephews of the family head
- Step-equivalents of any of the relatives listed above
One important clarification from the department is that the “family head” does not have to be the primary applicant. Any member of the family group who has not yet lodged their own visa application may take on that role.
Age and Dependency Conditions
Beyond the relationship categories, the rules set out specific conditions that relatives must meet to qualify as dependents.
Dependent children are generally those under 18 years of age. However, adults aged 18 and over may still qualify in two circumstances: if a physical or mental incapacity prevents them from working, or if they rely wholly or substantially on a parent or step-parent for financial, psychological or physical support.
There is one firm exclusion. Children of any age who are married, engaged, or living in a de facto relationship are not treated as dependents under these rules and must submit an independent visa application of their own.
The published guidance offers clarity for families navigating Australia’s protection visa system, spelling out both the scope of who can be included and the conditions under which that inclusion is permitted.
