Who Can Be Included in a Subclass 115 Application in 2026?
Who can be included in a 2026 Subclass 115 application — partners and dependent children (under 18, aged 18 to 22 and dependent, or over 23 unable to earn a living due to physical or cognitive limitations); details of all family members must be in the form whether they are migrating or not.
A Subclass 115 (Remaining Relative) application can cover more than the person who qualifies as the remaining relative. Under the Remaining Relative visa (Subclass 115) page published by the Australian Department of Home Affairs, you can include members of your family unit when you apply, you can also add them at any time before the Department makes its decision, and you should include details of all your family members in the application form — whether they are migrating or not. This article deals only with who may be included and what that requires; it assumes you already meet the remaining relative test itself. Requirements can change, so treat the current Home Affairs page and the current text of the Migration Regulations 1994 as authoritative, and treat this as general information rather than advice tailored to your circumstances.
Who can be included in a Subclass 115 application?
The Home Affairs document checklist for this visa is built around two groups: your partner and your dependent children.
Your partner can be included whether you are married or in a de facto relationship. For a de facto partner, the Department asks for enough documents to show you had been in the de facto relationship for at least 12 months before you applied. Documents it lists for that purpose include joint bank account statements, billing accounts in joint names, joint leases or mortgages, and documents showing your partner lived at the same address as you.
A child can be included as a dependent child in three situations set out on the official page:
- the child is under 18;
- the child is over 18 but has not yet turned 23, and is dependent on you or your partner;
- the child is over 23 and is unable to earn a living to support themselves because of physical or cognitive limitations, and is dependent on you or your partner.
The third category is where most of the difficulty sits. Turning 23 does not automatically end eligibility, but it changes the test: dependency alone is no longer enough once a child has turned 23, and the claim has to be supported by evidence of the limitation as well as evidence of dependency.
The phrase "member of the family unit" is itself defined in the Migration Regulations 1994 (regulation 1.12). The categories the Department asks you to document for Subclass 115 are the partner and dependent-child categories above. If you believe another relative falls within the broader regulatory definition, the decisive wording is the current text of regulation 1.12 and the Schedule 2 criteria for the visa, not a checklist summary.
What documents does each included family member need?
Each category carries its own document set on the official page. The differences matter, because a missing proof of dependency for a 19-year-old is a different problem from a missing relationship certificate for a spouse.
| Family member | Documents named by the Department of Home Affairs |
|---|---|
| Spouse | Identity documents, character documents, documents about other relationships if applicable, and your current marriage certificate |
| De facto partner | The same identity, character and relationship documents, plus evidence the de facto relationship existed for at least 12 months before you applied |
| Dependent child under 18 | Identity documents, proof of your relationship to them such as a birth or marriage certificate, and character documents if applicable |
| Dependent child 18 or over | Identity documents, documents about their other relationships if applicable, character documents, and proof of dependency |
Note the pattern: the moment a child turns 18, "proof of dependency" joins the list. There is no age at which proof of dependency disappears from the documents the Department asks for.
Do you have to finalise the list before you lodge?
No. Two separate rules apply here, and they point in opposite directions, so it helps to keep them apart.
First, you are not locked into the group you name at lodgement. The Department's position is that family members can be added to the application at any time before a decision is made. That flexibility covers ordinary changes in plan as much as changes in family circumstances.
Second, the form is expected to account for everyone, not just the people migrating. The official page says you should include details of all your family members in the application form, whether they are migrating or not. That is not a formality: a relative you leave off the form is a relative whose existence has not been tested against your remaining relative claim, and family composition is also examined again at the decision stage under the Schedule 2 criteria.
Once lodged, the case does not sit still. The Home Affairs page for this visa lists what you need to tell it about after you apply, including changes to your marital or de facto status and the birth of a child. Those obligations sit alongside the general requirement to provide accurate information, and the practical consequence is that silence is riskier than disclosure.
Do family members who are not migrating still matter?
Yes, and this is the part that most often surprises applicants. The Home Affairs page states that family members who are not coming to Australia might also have to meet the health and character requirements.
The Schedule 2 criteria in the Migration Regulations 1994 frame this in a particular way. Clause 115.226A addresses family members who are not applying for the visa, who must meet public interest criteria 4001 to 4005 unless the Minister is satisfied it is unreasonable to require an assessment. Clause 115.227 deals with secondary applicants under 18 and points to custody and guardianship criteria. These provisions should be read against the current legislative text on the Federal Register of Legislation rather than any summary of it.
In plain terms: "not migrating" does not mean "not relevant".
What happens if a baby is born during processing?
The official page flags this as its own scenario rather than folding it into the general list, directing applicants to the Department's guidance on what to do when a child is born after you apply. Treat a birth during processing as something to notify and resolve through that route, rather than waiting for the Department to ask.
Frequently Asked Questions
Can I add my partner after I have already lodged the application?
Yes. Home Affairs says family members can be added to a Subclass 115 application at any time before it makes a decision. Adding a partner late still means supplying the partner documents — identity, character, details of other relationships, and either the marriage certificate or the 12-month de facto evidence.
Can a child over 23 still be included?
Only on the narrower ground the official page sets out: the child is over 23, cannot earn a living to support themselves because of physical or cognitive limitations, and is dependent on you or your partner. For a child aged 18 to 22, dependency by itself is the test; for a child under 18, no dependency test applies because being under 18 is enough; after turning 23, dependency plus the incapacity to earn a living is required.
How long does a de facto relationship have to have existed?
The Department asks for documents proving the de facto relationship existed for at least 12 months before you apply. The examples it gives are joint bank account statements, billing accounts in joint names, joint leases or mortgages, and documents showing your partner lived at the same address as you.
Can my parents or adult siblings be included as family members?
Not under the categories the Home Affairs checklist documents for this visa, which covers partners and dependent children. The wider term "member of the family unit" is defined in regulation 1.12 of the Migration Regulations 1994, so any case for including a parent or sibling turns on the current wording of that definition and the Schedule 2 criteria.
What happens if the Department cannot verify my identity?
The consequences extend past your own application. The official page states that if you cannot prove your identity, the Department will refuse your visa application, might not grant you another visa for 10 years, and might not grant any family members you listed on your application a visa for 10 years.
If the relationship broke down because of family violence, can a former partner still be covered?
The Schedule 2 criteria contemplate a former spouse or de facto partner whose relationship with the main applicant ceased because of family violence, and relax the sponsorship requirement in that situation. Because this is a narrow exception with evidentiary consequences, check the current clause text and get advice before relying on it.