Family migration on Subclass 866 in 2026: who can be included
A Protection visa (Subclass 866) application can cover more than one person. According to the Australian Department of Home Affairs Protection visa (Subclass 866) official page, members of the same family unit may apply together on the same application, as long as they are in Australia at the time the application is made and are themselves eligible for the visa. The family unit is not defined by who lives under one roof; it is defined by four specific relationship categories, each with its own test.
Those categories are the family head's spouse or de facto partner, the family head's dependent child or step-child, the dependent child or step-child of the family head's partner, and other dependent relatives of the family head. Everyone included must also meet the health, character and security requirements that apply to the visa.
Who is the "family head" on a 866 application?
The family head is the person the other family members are measured against. In most cases that is you — the person claiming protection.
The official page allows another possibility: the family head can be someone else in your family who has not applied for this visa. That matters when the person whose relationship defines everyone else's eligibility is not the main applicant. Suppose a household is built around a grandmother who has not applied; her dependent relatives are still assessed by their relationship to her, not to the applicant who does apply.
Which relatives can be listed on the same application?
The table below follows the categories set out on the Department's Protection visa (Subclass 866) page.
| Relationship | Included on the same application? | What decides it |
|---|---|---|
| Spouse or de facto partner of the family head | Yes | The marriage or de facto relationship with the family head |
| Child or step-child of the family head under 18 | Yes | Age, plus not being married, engaged to be married, or in a de facto relationship |
| Child or step-child of the family head aged 18 or over | Only if dependent | Incapacity for work, or reliance on the parent or step-parent |
| Child or step-child of the family head's partner | Yes, if dependent | The same dependent child rules |
| Parent, brother or sister, grandparent or grandchild, aunt or uncle, cousin, niece or nephew, or a step equivalent | Only as a dependent relative | No partner, living with the family head, and reliance on the family head |
| A child who is not a dependent child | No | Must apply for their own visa |
Step relationships are treated the same as biological ones for children. A step-child of the family head's partner is also within scope, which means a blended household can be covered by one application where the dependency tests are met.
When is a child still a dependent child at 18 or older?
A dependent child is normally a child or step-child who is under 18. A child can be 18 or older and still count if one of two things is true:
- they are incapacitated for work because of the loss of their bodily or mental functions; or
- they are wholly or substantially reliant on their parent or step-parent for financial, psychological or physical support.
Age alone does not end dependency. Reliance does the work, and the official wording is deliberately broad: financial, psychological and physical support each count on their own.
One exclusion overrides everything else. The Department does not consider a child or step-child of any age to be a dependent child if they are currently married, engaged to be married, or in a de facto relationship. A 17-year-old in a de facto relationship is therefore not a dependent child, and children who are not dependent children must apply for their own visa.
Can parents, siblings or other relatives join as dependent relatives?
They can, but only through the narrower "other dependent relatives" category, which the official page describes as relatives such as the family head's parent, brother or sister, grandparent or grandchild, aunt or uncle, cousin, niece or nephew, or a step equivalent of any of those.
A relative qualifies only if all three conditions hold:
- they do not have a spouse or de facto partner;
- they usually live with the family head; and
- they are wholly or substantially reliant on the family head for financial, psychological or physical support.
These three conditions are cumulative. A widowed parent who lives with the family head but is financially independent does not meet the test; neither does a sibling who relies on the family head financially but lives elsewhere. Because these tests turn on the evidence in an individual household, this article is general information only and is not advice on any particular case — the current official guidance and a qualified practitioner's view should govern any decision about who to list.
What happens if a baby is born while the application is pending?
A child born after the application is submitted and before a decision is made is taken to be included in that application. The Department asks to be told as soon as possible, by completing Form 1022 Notification of change of circumstances, providing a clear colour copy of the child's original birth certificate, and attaching those in ImmiAccount or posting them to the address where the application was sent — a certified copy of the birth certificate is needed if sent by post.
Two further points follow from birth in Australia. A child born in Australia is automatically granted the same visas their parents hold at the time of the birth. If either parent is an Australian citizen or Australian permanent resident at the time of the birth, the child might be an Australian citizen by birth.
Do included family members carry the same requirements and travel limits?
Yes, on both counts. Family members applying on the same application must meet the health, character and security requirements, and once granted they hold the same permanent visa — the right to live, work and study in Australia indefinitely, access to services such as Medicare and Centrelink, and travel to and from Australia for 5 years from the date of grant. After those 5 years, a Resident Return visa (subclass 155 or 157) is needed to re-enter Australia.
Travel condition 8559 binds the whole family unit, not just the main applicant. Family members must not enter the country or countries from which protection was granted unless the Department approves that entry in writing beforehand, and approval is given only where compassionate or compelling circumstances justify the travel. Entering without written approval, even briefly, breaches the condition and may lead to cancellation of the visa holder's visa and the visas of family unit members.
What about relatives who cannot be included?
Two different paths exist, and they are not interchangeable. A non-dependent child must apply for their own visa. Separately, the visa lets a holder sponsor eligible family members for permanent residence through the offshore Humanitarian Program — a route for people outside the family unit definition, and one that operates outside the single 866 application.
Frequently Asked Questions
Can my spouse and children be on the same 866 application as me?
Yes, if they are members of the same family unit, are in Australia when you apply, and are themselves eligible to apply. Your spouse or de facto partner qualifies by the relationship; your children qualify only if they are dependent children.
Is my 20-year-old child still a dependent child?
Only if they are incapacitated for work due to loss of bodily or mental functions, or are wholly or substantially reliant on you for financial, psychological or physical support. Being a full-time student is not itself the test, and any child who is married, engaged to be married, or in a de facto relationship is excluded at any age.
Can my parents or siblings be included?
They can be included as other dependent relatives, but only if they have no spouse or de facto partner, usually live with the family head, and are wholly or substantially reliant on the family head for financial, psychological or physical support. All three conditions must be met together.
Does every family member have to be in Australia when I apply?
Yes. The official page states that members of the same family unit applying together must be in Australia at the time of application, in addition to being eligible for the visa.
Can I include my partner's child who is not my own child?
Yes, if that child is a dependent child or step-child of the family head's partner. The same dependency rules apply, including the exclusion for a child who is married, engaged to be married, or in a de facto relationship.
What happens to my family's visas if someone travels back to the country we fled?
Travel condition 8559 applies to you and to members of your same family unit. Entering the country from which protection was granted without written approval breaches the condition and may result in cancellation of your visa and the visas of your family unit members.