The holder of any permanent humanitarian visa (including Permanent Protection visas) in Australia can propose their immediate family members for entry to Australia through the offshore Humanitarian Program. This is commonly referred to as the ‘Split Family’ provisions.

Immediate family members

An immediate family member is either the proposer’s partner, dependant child or, if the proposer is not 18 or more years of age, the proposer’s parent.

Family Member Description
Partner The spouse or de facto partner of the proposer, where the relationship is recognised as valid for the purposes of the Migration Act 1958.
Dependent child The child or stepchild, of the proposer (other than a child who has a partner or is engaged to be married), being a child who either has not turned 18 or has turned 18 and is dependent on the proposer.
Parent Includes parents or step-parents if the proposer is not 18 or more years of age.

Split family provisions

People applying to be resettled in Australia as the immediate family member of a permanent Humanitarian (including Permanent Protection) or Resolution of Status visa holder must be proposed for entry to Australia by that family member. The applicant’s relationship to the proposer must have been declared to the department before the grant of the proposer’s visa.

Applications from immediate family members of humanitarian visa holders are afforded a high priority under the Humanitarian Program and are processed accordingly.

Generally, visas for immediate family members are granted in the same category as the proposer’s visa.
Example: the immediate family of a proposer who entered Australia on a Refugee visa (subclass 200) will also be granted a Refugee visa and the Australian Government will fund their travel to Australia.

However, if the proposer holds a Protection visa (subclass 866), their immediate family member will be granted a Global Special Humanitarian visa (subclass 202) and the Australian Government will not fund their travel to Australia.

Who is eligible?

To be eligible for a visa as the immediate family member of a humanitarian visa holder, applicants must satisfy the following:

  • on the date of the grant of the proposer’s Permanent Protection Resolution of Status or Humanitarian visa, the applicant⁄s overseas must have been a member of the proposer’s immediate family
  • the applicant’s relationship to the proposer must have been declared to the department before the grant of the proposer’s visa
  • the offshore application must be made within five years of the grant of the proposer’s visa
  • the applicant must continue to be a member of the proposer’s immediate family.
 

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