Australia Lists 9 Categories of Relatives Eligible for Its Permanent Protection Visa

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  • Australia's Department of Home Affairs published updated guidance on who qualifies for inclusion in a Subclass 866 permanent protection visa application
  • The rules allow a designated family head to list a wide range of dependent relatives on a single shared claim
  • Strict age, dependency, and relationship conditions apply, with separate rules covering children born after an application is lodged

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Australia has released an immigration update outlining the family members who may be included in a Subclass 866 Protection visa application.

The guidance from the Department of Home Affairs sets out the relatives who can be included in the same application, provided they are physically in Australia when the application is lodged and meet the relevant requirements.

Australia lists 9 categories of relatives eligible for its Permanent Protection Visa. Photo credit: LEON LORD/Getty Images.
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Australia lists relatives who can be included

Under the published rules, a designated family head may include certain dependent relatives in a single Protection visa application.

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The eligible family members include:

  • 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

The department clarifies that the "family head" does not necessarily have to be the primary applicant. Instead, the person can be any member of the family group who has not yet lodged a visa application.

Australia sets dependency and age requirements

The rules also establish specific conditions for relatives to qualify as dependants.

Dependent children are generally people under 18 years of age. However, a person aged 18 or over may qualify if they are unable to work because of physical or mental incapacitation.

They may also qualify if they rely wholly or substantially on a parent or step-parent for financial, psychological or physical support.

Children of any age who are married, engaged or living in a de facto relationship cannot be treated as dependants and must make an independent visa application.

Extended relatives must meet additional conditions

For extended family members seeking to be included, additional requirements apply.

The relative must not have a spouse or de facto partner and must normally live with the family head.

They must also depend wholly or substantially on the family head for financial, psychological or physical support.

All people included in the application must satisfy the relevant health, character and security requirements.

Australia's rules for children born during applications

The guidance also covers children born in Australia after a Protection visa application has been lodged.

If a child is born in Australia before a final decision is made on the application, the child is automatically included in the existing application.

The parents must notify the immigration authorities by submitting Form 1022 together with a copy of the child's official birth certificate.

A child born in Australia automatically receives the same visa status held by their parents at the time of birth.

However, if either parent is an Australian citizen or permanent resident, the child may instead acquire Australian citizenship by birth.

Australia announces Protection Visa stay duration

Earlier, YEN.com.gh reported that Australia's Department of Home Affairs had clarified the terms of the Subclass 866 Protection Visa, which offered permanent residency to qualifying asylum seekers.

The visa applied strictly to foreigners who had entered Australia on a valid visa and were physically present in the country when they applied.

Applicants had to meet health, character and security requirements, while the visa also counted towards eligibility for Australian citizenship.

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Source: YEN.com.gh