Who counts as an 858 visa family member?
Under regulation 1.12 of the Migration Regulations 1994, compiled on 1 July 2026, the family unit includes:
- Your spouse or de facto partner.
- Dependent children and step-children of you or your partner: under 18, aged 18 to 22 and dependent, or 23 or over and incapacity-dependent.
- A dependent child of such a child.
- If you are under 18, a parent and that parent’s family unit instead.
Children must not be engaged, married or in a de facto relationship under regulation 1.03. The wider-relative category in regulation 1.12(4) does not apply to the 858 visa, so an adult applicant’s parents and siblings are not included through that category.
A Global Talent visa (subclass 858) application made before 6 December 2024 is decided under the law in force when it was made, under Schedule 13 clause 14201 of the Migration Regulations 1994.
Including a partner on an 858 visa
The Home Affairs National Innovation visa page describes these partner pathways:
- Married: include your spouse with proof of the relationship.
- De facto for 12 months: show the de facto relationship existed for 12 months before applying.
- Registered: provide evidence of a registered relationship instead of the 12-month requirement.
The relationship must be genuine and continuing.
Home Affairs’ relationship-change guidance requires you to report a relationship starting or ending during processing. A partner met after lodgement is added using Form 1436, but regulation 2.08A requires them to meet the time-of-application criteria on their deemed application date—not your original lodgement date.
Children under 18 on an 858 visa
For children under 18, the Home Affairs 858 page and the Migration Regulations 1994 distinguish consent evidence from the legal tests:
- Consent: obtain Form 1229 or a statutory declaration from each non-migrating person with the legal right to decide where the child lives.
- Alternatives: show an Australian court order allowing migration, or that the child’s home-country law permits removal. Include the child’s birth certificate and relevant identity evidence.
- Public interest criteria: clause 858.224 requires the primary applicant to satisfy PICs 4015 and 4016 for each family member under 18; clause 858.324 requires an under-18 secondary applicant to meet PICs 4017 and 4018.
PICs 4015 and 4017 accept one of home-country law permitting removal, consent from everyone legally entitled to decide where the child lives, or consistency with an Australian child order. PICs 4016 and 4018 require no compelling reason to believe the grant would be against the child’s best interests.
Children aged 18 to 22 and older dependants on an 858
Adult children need evidence appropriate to their age and dependency:
- Dependency test: regulation 1.05A requires wholly or substantially relying on you for basic needs—food, clothing and shelter—for a substantial period immediately before applying, and more than on any other source. The Home Affairs 858 page asks for at least 12 months’ financial-dependency evidence.
- Form 47a: Home Affairs Form 47a requires every family-unit member aged 18 or over to complete it, whether migrating or not.
- Age 23 or over: the Home Affairs 858 page requires a qualified medical practitioner’s report explaining dependency caused by total or partial loss of bodily or mental functions.
- Ageing out: the same page says a child who turns 18 without being dependent, or turns 23 without being incapacity-dependent, during processing cannot meet the criteria.
Adding 858 visa family members after you lodge
Follow the Home Affairs Form 1436 instructions and regulations 2.08A and 2.08:
- Check who is being added. Form 1436 permits only the main applicant’s partner or dependent child.
- Attach Form 1436 in ImmiAccount before the decision. The Home Affairs 858 page excludes primary applicants under 18 from adding family later.
- Pay in “My Payments”. Form 1436 requires the additional applicant charge; without payment, the added application is invalid.
- Check the deemed date. Under regulation 2.08A, the person is taken to have applied on the later of the request date and payment date. They must meet the time-of-application criteria then, and the time-of-decision criteria later. Consequently, a child added after turning 18 must already be dependent on that deemed date.
- Treat a newborn differently. Under regulation 2.08, a baby born after lodgement and before the decision is taken to have applied. Do not use Form 1436; report the birth as a change in circumstances.
The Home Affairs 858 page limits Form 1436 additions to before the decision: there is no Form 1436 step after grant.
858 family members who are not migrating
Non-migrating family members are your partner or dependent children who remain behind. Clause 858.223(6) of the Migration Regulations 1994 still applies health and character tests, with an “unless unreasonable” qualification for the health requirement. Home Affairs’ health-examination guidance says some non-migrating family members need examinations.
The Home Affairs 858 page also requires Commonwealth debts to be repaid or repayment arranged, including for non-applying family, and asks why a partner or dependent child is omitted. Form 47a still applies to family-unit members aged 18 or over “whether migrating or not”.
What 858 visa family members cost
Item 1113 of Schedule 1 to the Migration Regulations 1994 sets these charges from 1 July 2026, in Australian dollars:
| Family applicant | Standard charge | Pacific-regional passport concession* |
|---|---|---|
| Partner or child aged 18 or over | $3,120 | $2,560 |
| Child under 18 | $1,560 | $1,280 |
The item 1113 concession applies where the primary applicant holds an eligible Pacific-regional passport, including Timor-Leste.
Item 1113 also sets a $4,890 second instalment for each applicant aged 18 or over at application assessed as not having functional English; it is nil for the specified family-violence applicants.
The 1 July 2025 compilation listed $2,495 and $1,250 respectively. Comparing the Regulations’ figures, the July 2026 family charges rose by about 25%.
On the Department's figures, a main applicant, a partner and two children under 18 pay $12,475 in application charges from 1 July 2026. That calculation is $6,235 + $3,120 + $1,560 + $1,560, before any second instalment or other costs.
The Home Affairs 858 page says the application charge is not refunded on refusal. See the full 858 visa fee and cost table for the other charges.
If the 858 applicant is under 18
An applicant under 18 includes a parent and that parent’s family unit instead of a partner or children, under regulation 1.12(7). The Home Affairs 858 page permits these family additions only at lodgement.
Clause 858.212(2)(f) requires exceptional benefit to the Australian community, and clause 858.225 applies PICs 4017 and 4018 to the applicant. The 858 age test explains the exceptional-benefit requirement.
After the grant: 858 family and sponsoring relatives
The National Innovation visa is permanent; the Home Affairs 858 page says holders can sponsor relatives through other visas. See 858 permanent residency for the post-grant position.
Under clause 858.611 of the Migration Regulations 1994, condition 8515 may be imposed on a secondary applicant granted outside Australia who marries before entering. Clause 858.321 also provides for certain secondary applicants to be granted after a relationship ends because of family violence.
Section 140 of the Migration Act 1958 provides for family-unit visas to be cancelled when the primary visa is cancelled under sections 109, 116, 128, 133A, 133C or 137J.
Frequently asked questions
Who qualifies as a dependant on an 858 visa?
Regulation 1.12 includes children or step-children under 18, dependent children aged 18–22, incapacity-dependent children aged 23 or over, and their dependent children.
Can my parents come with me on an 858?
Only if you are under 18: regulation 1.12 allows a parent and that parent’s family unit instead. An adult applicant’s parents are not included.
What happens if my child turns 18 or 23 before the decision?
The Home Affairs 858 page says they cannot meet the criteria if they turn 18 without dependency, or 23 without incapacity-dependency.
Do family members who are not coming need medicals and police checks?
Clause 858.223(6) applies health and character requirements. Home Affairs says some non-migrating family need medical examinations; not every family member necessarily receives the same document requests.
We had a baby after lodging: do we use Form 1436?
No. Regulation 2.08 takes the baby to have applied before the decision; Home Affairs requires the birth to be reported as a change in circumstances.
Family forms for an 858 application
- For a child under 18, Home Affairs Form 1229 records consent to grant an Australian visa.
- For a partner or child added before decision, the Home Affairs instructions explain how to add a family member with Form 1436.
- For each family-unit member aged 18 or over, Home Affairs Form 47a records dependency details, whether migrating or not.
- For a birth, marriage or separation while processing continues, Home Affairs Form 1022 records changed circumstances.
- For eligible health issues, PIC 4007(2) permits a health waiver; Home Affairs says there is no separate application—the officer invites a submission.
An Australian migration lawyer can check who belongs in the 858 family unit before lodgement, identify which dependency evidence an adult child needs, and check the deemed application date when Form 1436 and its payment add someone later.