Can I Bring My Family with Me on a 189 Skilled Independent Visa?

Discover how you can include your spouse, partner, or dependent children in your 189 Skilled Independent visa application. Learn about eligibility rules, documents you’ll need, common challenges, and how professional legal support can help your family successfully migrate to Australia together

The 189 Skilled Independent visa is a points-tested program designed for skilled individuals seeking permanent residency in Australia, offering the freedom to live and work anywhere in the country without requiring sponsorship from an employer, state, or family member. Applicants must select an occupation from the skilled list, meet a minimum points threshold, and satisfy criteria including age, English ability, health, and character requirements to gain eligibility for this highly sought-after visa. Consulting an immigration lawyer can help streamline this complex application process and improve your chances of success.

A key question is whether family members can be included in the application, and the answer is yes, but with clear rules. Partners (married or de facto), dependent children (including some over 18 or with disabilities), and, in uncommon cases, other dependent relatives can join the application if the principal applicant provides thorough evidence of the relationship and meets eligibility standards. Understanding these guidelines is essential to prevent complications or delays throughout the visa process.

Can I Bring My Family with Me on a 189 Skilled Independent Visa?

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Who You Can Include

  • Spouse or Partner: Your spouse or de facto partner can be included in your 189 Skilled Independent Visa application. A de facto relationship must be genuine and ongoing, with evidence such as joint financial undertakings and shared living arrangements. The Department of Home Affairs requires clear proof, especially for unmarried couples.
  • Dependent Children: Dependent children are eligible for inclusion. This covers biological, adopted, or stepchildren typically under 18. Children over 18 can also be considered if they are financially dependent and not employed full-time. Proof of dependency, such as study enrollment and financial support records, is needed.
  • Other Dependent Relatives: Rare circumstances allow other relatives to be included if they are wholly or substantially financially dependent on you—this may include older children, parents, or siblings who cannot support themselves physically or mentally. .

Conditions for Family Inclusion

  • Evidence of Relationship: You must provide strong evidence of your relationship with each accompanying applicant. Examples include marriage certificates, joint lease agreements, utility bills, bank statements, or statutory declarations from friends and family. For children, birth certificates and custody documents are essential.
  • Health Requirements: All family members must meet Australia’s health requirements, which typically involve medical exams approved by the Department of Home Affairs. Medical assessments are necessary to demonstrate that the family does not pose a significant burden on the health system. Serious medical conditions may require further review or exemptions.

     

  • Character Requirements: Everyone aged 16 and above needs to meet character requirements. This involves police clearance certificates from every country where the applicant resided for at least 12 months in the past 10 years. Incomplete documentation can delay or jeopardise the application. .

Common Issues

  • Proving Dependency: A common challenge is demonstrating that older children or relatives are financially dependent. If a 20-year-old studies but works part-time, the Department may question the dependency; detailed evidence, such as bank transfers and tuition payments, is often required.
  • Processing Delays: Delays frequently occur due to health or character checks, especially when family members have resided in multiple countries, requiring multiple police clearances.
  • Incorrect or Incomplete Information: Incomplete evidence of relationships or dependency can trigger requests for more documentation or potentially lead to refusals. Accuracy and completeness greatly minimise risk.

Lawyer’s Role

  • Ensuring Correct Family Evidence: Applicants should provide clear documents (marriage, birth certificates, and financial records) to strengthen family inclusion and minimise delays.
  • Handling Refusals or Delays: Legal specialists can intervene, especially when dependency or documentation is questioned, by providing further proof and expert submissions.
  • Advising on Secondary Applicant Rights: Lawyers offer insights on work, study, and Medicare rights for secondary applicants, aiding informed decisions and smoother settlement.

Conclusion

Including your family in a 189 Skilled Independent visa application is certainly possible, but requires careful preparation and robust evidence. Professional advice can help ensure that your family’s inclusion does not cause delays or refusals.
At CMI Group, our experienced immigration lawyers can prepare evidence, address challenges, and guide you confidently through the process. Get started now—contact us for advice tailored to your family’s migration.

FAQs

Yes, you can include your spouse or de facto partner. Evidence such as marriage certificates, joint finances, or proof of living together is required.

Dependent children, including adopted or stepchildren under 18, can be included. Older children may qualify if financially dependent and not undertaking full-time work.

Yes, every family member must meet Australia’s health requirements, including medical examinations.

Children over 18 may be eligible if financially dependent due to study or related reasons, with strong supporting evidence.

Lawyers help ensure your family’s inclusion is supported with the right documentation, manage delays/appeals, and guide secondary applicants about their rights, minimising risk and streamlining the process.

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