Family Migration After a Resolution of Status Visa in 2026: Who You Can Sponsor and When

Holding a Resolution of Status (subclass 851) visa makes you an Australian permanent resident on the day the visa is granted, and that permanent status is what allows you to sponsor eligible family members for permanent residence through the family visa stream of the Migration Program. This is stated on the Australian Department of Home Affairs "Resolution of Status (Subclass 851)" official page, as of the August 2026 version of that page. The practical consequence is narrower than many readers expect: the 851 visa itself settles your own status, while bringing family later runs through a separate family visa stream application in which each person is assessed on their own merits.

What the 851 grant actually changes for your family

The Department's page lists the grant of this visa as permanent: you can live, work and study in Australia permanently, and you become an Australian permanent resident on the day of grant. For Australian citizenship purposes, your permanent residence also starts on that grant day. The same page lists "sponsor eligible family members for permanent residence through the family visa stream of the Migration Program" among the things the visa allows.

Three boundaries follow from that wording. First, the ability described is sponsorship for permanent residence, not a guarantee that any particular relative will be granted a visa. Second, "eligible" family is doing real work in that sentence — eligibility is tested against the family visa stream, not against your 851 grant. Third, the family stream is a separate process from the 851 application you have just been through.

Who you can sponsor, and when does the option open?

The official page points holders to the visa finder to identify a visa for a family member, rather than naming a single family visa that every relative uses. That is a useful signal for planning: whether a partner, child, parent or other relative can be sponsored, and under which family visa, is decided by the family stream criteria that apply to that person, not by the fact that you now hold a permanent visa.

On timing, the page ties the sponsorship ability to permanent resident status, and it states that you become a permanent resident on the day the visa is granted. The natural reading is that the option opens with the grant, not earlier. Suppose an applicant whose 851 application is still undecided wants to start a family case now: on the published material, the sponsorship pathway is described as something available to an Australian permanent resident, so the grant is the point at which that description begins to fit.

The Migration Regulations 1994 set out the criteria for the visa in Subclass 851, and for certain categories they require an applicant to be a member of the same family unit as another person. Those requirements belong to the 851 criteria themselves, not to a post-grant sponsorship. Where the consolidated text of the Regulations and the Home Affairs page differ in presentation, the Department's current official page is the practical reference for how the process operates today, and the Regulations should be read in their current consolidated form.

Why family members cannot simply be added as secondary applicants

The Regulations contain no secondary criteria for the grant of a Subclass 851 visa. Instead, the Department's page states that family members may apply together on the same application form, and that each applicant must meet the requirements in their own right for the grant of the visa.

That structure has a direct planning consequence. There is no mechanism by which your grant carries a relative along as a dependent of your 851. A family member is either a co-applicant on the same form who satisfies the criteria personally, or a later applicant in the family visa stream, assessed against that stream's criteria. This is also why the same page notes that applications may be affected if a family member who is an applicant dies before decision — the case is built from individual applicants, not from one file with attached dependants.

If a child is born while the 851 application is still undecided

The official page addresses this directly. If a child is born after you submit your application and before a decision is made, the Department will include the child in that application. You must notify the Department as soon as possible using Form 1022 Notification of change of circumstances, and provide a clear colour copy of the child's original birth certificate; both are attached in ImmiAccount or sent by email to the address in the acknowledgement letter for the RoS or subsequent TPV/SHEV application.

Two further rules matter for children born in Australia. A child born in Australia is automatically granted the same visa their parents hold at the time of birth. And if either parent is an Australian citizen or Australian permanent resident at the time of the child's birth, the child will be an Australian citizen by birth; in that case an Australian citizenship certificate should be obtained and attached in ImmiAccount.

Before and after the grant: where family cases sit

Stage What the published rules provide
851 application undecided Family members may apply together on the same form; each applicant must meet the requirements in their own right
Child born before decision Child is included in that application; notify via Form 1022 and provide the birth certificate
Child born in Australia Child is automatically granted the same visa the parents hold at birth; citizen by birth if a parent is a citizen or permanent resident
After the 851 grant As a permanent resident, you may be able to sponsor eligible family through the family visa stream; the visa finder identifies the family visa
More than 5 years after grant Travel facility expires; a Resident Return visa (subclass 155 or 157) is needed to re-enter as a permanent resident

The travel row is worth noting because it affects household planning rather than sponsorship eligibility: the Department's page states you can travel to and from Australia for 5 years from the date of grant, after which a Resident Return visa (subclass 155 or 157) is required to re-enter as a permanent resident. Each family member's own travel rights depend on the visa they hold, not on your 851 travel facility.

What you must keep updated after the grant

The Department asks holders to report changes to name, phone number, email, address or passport, changes to marital or de facto status, the birth of a child, and a death in the family where that family member is an applicant for a RoS visa. For anyone planning sponsorship, the marital and de facto status entry is the one most often overlooked: a relationship change can alter which family visa a person is assessed against, and the Department expects to be told.

Separately, you and your eligible family members can obtain an ImmiCard, an official immigration credential that carries a photograph, personal details and a unique number linked to biometric and visa details.

Cost and location rules on the published pages

The Department's page states that there is no cost for the Resolution of Status visa and that you must be in Australia when you apply for it. Neither page sets out charges for family stream applications, so no figures should be assumed for those; the current official pages are the authority on what any family application costs at the time you lodge.

What these pages do not settle for you

The material above describes published rules and how they fit together for general reference. It is not personalised advice about your family's circumstances, and it does not substitute for the current official pages or for qualified professional guidance on an individual case. Eligibility outcomes, required documents and processing expectations for family stream applications all turn on criteria these pages only introduce.

Frequently Asked Questions

Can my spouse or partner be included in my subclass 851 application?

Family members may apply together on the same application form, but each applicant must meet the requirements in their own right, and the Migration Regulations 1994 contain no secondary criteria for a Subclass 851 visa. In practice that means a partner is a co-applicant assessed individually, not a dependent attached to your file.

When does the ability to sponsor family begin?

The Department describes sponsorship as something available to an Australian permanent resident, and states that you become a permanent resident on the day the 851 visa is granted. The grant is therefore the point at which the published description of sponsorship begins to apply.

What happens if my child is born after I apply but before the decision?

The Department will include the child in that application. You must notify it as soon as possible using Form 1022 Notification of change of circumstances and provide a clear colour copy of the child's original birth certificate, attached in ImmiAccount or sent to the acknowledgement letter's email address.

Is a child born in Australia automatically Australian?

If either parent is an Australian citizen or Australian permanent resident at the time of the child's birth, the child will be an Australian citizen by birth, and an Australian citizenship certificate should be obtained. Otherwise, a child born in Australia is automatically granted the same visa their parents hold at the time of birth.

Does the 5-year travel facility cover my family members?

The 5-year travel facility described on the official page applies to the Resolution of Status visa itself, and after it expires a Resident Return visa (subclass 155 or 157) is needed to re-enter as a permanent resident. A family member's travel rights depend on the visa they hold in their own right.

Is the Resolution of Status visa free, and does that cover family applications?

The Department's page states there is no cost for the Resolution of Status visa, and that you must be in Australia when you apply. It does not set out charges for family stream applications, so any family application costs need to be confirmed against the current official pages.

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