With effect from 19th November 2016, the definition of Member of the Family Unit (MoFU) has been changed and limited to direct family members under 23 years of age (and dependent children with a medically accepted disability).
This change will mainly impact the secondary visa applicants for certain permanent visas or some provisional and temporary visa subclasses. This change is in line with Regulation 1.12, of the Migration Regulations 1994
The application of this new definition of MoFU is not changing to the types of visas it applies, apart from Subclass 988 which is also called the Maritime Crew Visa.
So how does a person become a member of Family Unit of Another Person? People who are covered under the concept of MoFU are as follows:-
– Person is a spouse or de facto partner of the family head or
– Person is a
o child or step child of the family head or
o child or step child of the of the spouse of the family head or
o child or step child of the de facto partner of the family head and
Person is not a child or step child who is engaged to be married or has a spouse or de facto partner) and:
Person has not turned 18 or
Person has turned 18, but has not turned 23, and
• Person is dependent on the family head or on the spouse or de facto partner of the family head or
• Person has turned 23 and is under paragraph 1.05A(1)(b) dependent on the family head or on the spouse or de facto partner of the family head or
• Person is a dependent child of person classified above.
As explained above the Maritime Crew visa (MCV or subclass 988) will be amended to apply the definition of MoFU in place of the current provisions limiting secondary applicants to a MCV applicant or holder’s spouse, de facto partner or dependent children.
The changes make the family members who can be included in a visa application, as a MoFU, more consistent with arrangements available to Australian citizens and permanent residents seeking to bring family members to Australia. The amendments also simplify the MoFU definition.
Where Can I Get More Information
If you would like more information regarding visa eligibility, applicable visa subclass, or next steps, Migration Guru can assist you in navigating this process. Migration Guru has assisted a vast number of clients, in various and complex circumstances, including arranged marriages and de facto applicants.
Migration Guru has more than 50 years of collective experience in the industry and a team of Client Liaisons, and Migration Agents/Solicitors. With our vast experience and skills, we will be able to provide accurate migration or legal advice based on our clients’ personal circumstances.
Migration Guru Pty Ltd, Level 18 & 22, 127 Creek Street, Brisbane, 07 3711 2254
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Disclaimer:- The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.