Applying With Your Family — Secondary Applicants

Who Is a Secondary Applicant?

Family members who apply with the primary applicant are called secondary applicants. They only need to satisfy the secondary criteria (clauses 189.311 to 189.313) — they do not need to meet the full primary criteria themselves.

At the time of decision, a secondary applicant must be a member of the family unit of a person who holds a Subclass 189 visa on the basis of satisfying the primary criteria.

How Can Family Members Be Added?

Family members can be included in the application in the following ways:

• At lodgement: Family members can apply at the same time as the primary applicant in a combined application
• After lodgement (before decision): A family member can be added to an existing application under regulation 2.08A, provided the application has not yet been finalised
• Newborn children: Under regulation 2.08, a child born after the application is lodged but before a decision is made is automatically considered a Subclass 189 applicant. Their application is taken to be combined with the primary applicant's application from the time of their birth

It is not necessary for a family member to have been listed in the primary applicant's original EOI in SkillSelect. In a combined application, it is enough that the person be listed as "migrating family" in the primary applicant's application.

Proving the Family Relationship

Secondary applicants do not need to prove their family relationship in order to make a valid application — they only need to claim to be a member of the family unit. The relationship is then assessed as a Schedule 2 criterion, with officers looking at the documentation provided at the time of decision.

A spouse or de facto partner of the primary applicant is considered a member of the family unit under regulation 1.12. The definitions of "spouse" and "de facto partner" are set out in the Act and the Regulations and are assessed by officers in line with the relevant policy guidance.

Applicants are also legally required under section 104 of the Act to notify the Department of any changes in circumstances — such as a birth, death or change in relationship status — that make an answer on their application form no longer correct.