'Can I include my parents in my application as dependents?' This is a question we often get asked.
It would be great if the answer is yes all the time then applicants may save a fortune which otherwise would to be spent on the expensive parents visas. But unfortunately, in most cases, the answer is no, one cannot include their parents in their application.
For someone to be included in your application as a secondary applicant, he/she must be a 'member of the family unit' (MoFU) of yours.
Under migration law, the definition of MoFU varies according to visa types.
The standard definition of MoFU (for most visas) is as following:
...... a person is a member of the family unit of another person (in this subregulation called the family head) if the person is:
(a) a spouse or de facto partner of the family head; or
(b) a dependent child of the family head or of a spouse or de facto partner of the family head; or
(c) a dependent child of a dependent child of the family head or of a spouse or de facto partner of the family head; or
(e) a relative of the family head or of a spouse or de facto partner of the family head who:
(i) does not have a spouse or de facto partner; and
(ii) is usually resident in the family head's household; and
(iii) is dependent on the family head.
......
Here 'the family head' normally means the main visa applicant. This standard MoFU definition applies to all on-gong family relationships, except for Student visa cases. In student visa cases, only spouses/ de facto partners or dependent children can be MoFU of the main applicant.
By reading the definition it is not hard to tell why it is very unlikely that your parents can be included in your application. For a parent to meet the definition of MoFU of yours, he/she must be
- living in your household;
- financially dependent on you; and
- not have a spouse!
Apparently for those who wish to include both parents in their applications, the door is shut. But for those whose parents are widowed or divorced or separated, there is still hope. Let's now come to the other two requirements: residency and dependency.
This requires your parent to be currently 'living under the same roof' as you. Onshore applicants with offshore parents may find it hard to meet this requirement.
This requires your parent to be financially dependent on you. To be more specific, you need to prove that your parent is wholly or substantially reliant on you for basic needs such as food, shelter and clothing etc.
With all the above said, a conclusion can easily be drawn that only in very rare circumstances can someone include their parents in their applications.
At the end of today's edition, we want to remind our readers that the Non-contributory Parent Visa (subclass 103) along with another 4 types of family visas which were previously repealed and close from 2 June 2014 are now reopen (Volume 338). Act quickly and don't miss out!