Family Members and the EB-188 Visa

Who Can Be Included as a Family Member

Under 188.311, family members must be part of the primary applicant's family unit as defined in regulation 1.12. This includes spouses, de-facto partners, and dependent children. De-facto partners must have been in a relationship with the primary applicant for at least 12 months before the visa application.

Adding Family Members to the Application

Provided the primary applicant's visa has not yet been decided, newborn children are automatically added to the application under regulation 2.08 and are taken to have applied at birth. Dependent children can also be added at the primary applicant's written request under regulation 2.08B.

Applications From Family Members of Existing Visa Holders

Children born in Australia to EB-188 visa holders automatically receive the same visa as their parents. Family unit members of existing EB-188 visa holders can apply to join the visa holder in Australia — this recognises that family circumstances may change during the 4 years and 3 months provisional visa period, making it easier for a spouse, de-facto partner, or child born outside Australia to obtain a visa of the same class without needing to reassess all other visa holders in the family.

Notifying Changes in Circumstances

Under section 104 of the Migration Act, all applicants must notify the Department of any changes in their circumstances, including changes in family composition due to birth, death, or a change in relationship status. Officers generally do not need to enquire further into family circumstances unless there is evidence of a change or a significant amount of time has elapsed since the application was made.

Family Members Cannot Be Granted Visas Before the Primary Applicant

Under clause 188.311, family members cannot be granted their visa until the primary applicant has first been granted their visa.

Public Interest and Special Return Criteria for Family Members

Under 188.312, family members must satisfy the applicable public interest criteria. Under 188.313, they must also satisfy the applicable special return criteria under Schedule 5. Under 188.312(3), if any minor is involved, the custody and best interests requirements under Schedule 4 clauses 4015 to 4018 apply.