Who counts as family for the 866 Protection visa in 2026?
Which relatives can be included in a Protection visa (subclass 866) application, and the dependency tests each of them must meet.
On a Protection visa (Subclass 866) application, the relatives who can be included are the members of the same family unit: the spouse or de facto partner of the family head, the dependent child or step-child of the family head, the dependent child or step-child of the family head's partner, and other dependent relatives of the family head. That list, and the tests attached to each category, come from the Australian Department of Home Affairs' official Protection visa (Subclass 866) page, read as at August 2026. This article is general information only and is not personalised advice for your circumstances; rely on the official page and, where your situation is contested, on a registered migration professional.
What does "members of the same family unit" actually cover?
The visa page sets out four categories, and nothing outside them qualifies:
- the spouse or de facto partner of the family head
- a dependent child or step-child of the family head
- a dependent child or step-child of the family head's partner
- other dependent relatives of the family head
Two conditions sit on top of those categories. Every family member included must be in Australia at the time the application is made, and must themself be eligible to apply for this visa. Being related to the main applicant is not enough on its own.
Who is the "family head", and does it have to be the main applicant?
No. The family head can be you, the person claiming protection, or it can be someone else in your family who has not applied for this visa. This matters because the dependency tests below are measured against the family head, not against whoever fills in the form.
When does a child count as a dependent child?
A dependent child is a child or step-child who is under 18. The definition does not stop at 18, though. A child or step-child aged 18 or over still counts if either:
- 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.
The reliance limb is broader than money alone. Psychological and physical support are named on the official page alongside financial support, so a young adult who lives with and is supported by their parent can fall inside the definition even where the support is not only financial.
When does a child stop counting, whatever their age?
The official page is blunt on this point: a child or step-child of any age is not treated as a dependent child if they are currently married, engaged to be married, or in a de facto relationship. That exclusion applies whether the child is 16 or 36.
A child who is not a dependent child must apply for their own visa. They cannot be carried on the family head's application.
Can parents, siblings or other relatives be included?
Yes, but only as "other dependent relatives", and the category is narrower than the list of relatives suggests. The official page names the family head's parent, brother or sister, grandparent or grandchild, aunt or uncle, cousin, niece or nephew, and the step equivalent of any of those.
All three of the following must be met:
- the relative does not have a spouse or de facto partner
- the relative usually lives with the family head
- the relative is wholly or substantially reliant on the family head for financial, psychological or physical support
So a widowed parent who lives in the household and depends on the family head may fit. Suppose an applicant's sister lives with them, has no partner, and relies on them for housing, food and day-to-day care — on the face of the official criteria she is the kind of relative this category covers. A sibling who is married, or who lives independently overseas, does not.
| Dependent child or step-child | Other dependent relative | |
|---|---|---|
| Who is covered | Child or step-child of the family head, or of the family head's partner | Parent, sibling, grandparent, grandchild, aunt, uncle, cousin, niece, nephew, or step equivalent |
| Age position | Under 18; 18 or over only if incapacitated for work or wholly or substantially reliant | No age threshold stated on the official page |
| Relationship bar | No dependent child if married, engaged to be married, or in a de facto relationship | No spouse or de facto partner |
| Residence | Not stated as a separate requirement on the official page | Must usually live with the family head |
| Support test | Wholly or substantially reliant on parent or step-parent (financial, psychological or physical) | Wholly or substantially reliant on the family head (financial, psychological or physical) |
What if a baby is born while the application is still pending?
A child born after the application is submitted and before a decision is made is taken to be included in that application. The official page says the birth must be notified 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 — posted documents need a certified copy of the birth certificate.
Two related points follow from the same page. A child born in Australia is automatically granted the same visas their parents hold at the time of the birth. And 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.
What else must included family members satisfy?
Members of the same family unit applying for this visa must meet the health, character and security requirements. Those are assessed in their own right, so one person's inclusion is not automatic because another person's claim succeeds.
The consequences of inclusion also run both ways on travel. Condition 8559 applies to the visa: the holder and members of their same family unit must not enter the country or countries from which protection was granted unless that entry is approved in writing beforehand. Approval is given only where there are compassionate or compelling circumstances justifying the travel. Entering without written approval, even briefly, breaches the condition and may lead to cancellation of the visa and of the visas of family unit members.
More generally, everyone on the application is expected to obey Australian laws, and delays follow from incomplete forms, missing documents, and slow responses to requests for information rather than from any stated queue.
What happens to relatives who do not fit the definition?
They are not members of the same family unit for this visa and must apply for their own visa. The subclass 866 page itself does not set out what that separate application would be, and it gives no processing timeframe for the Protection visa, so any fee or timing should be checked on the current official page rather than assumed.
Frequently Asked Questions
Can my partner and children apply on the same 866 application as me?
Yes, if they are members of the same family unit: your spouse or de facto partner, and your dependent children or step-children, including the dependent children of your partner. Each of them must be in Australia when the application is made and must be eligible for the visa.
Is my 20-year-old child still a dependent child?
Possibly. A child aged 18 or over counts as a dependent child if they are incapacitated for work due to loss of bodily or mental functions, or if they are wholly or substantially reliant on their parent or step-parent for financial, psychological or physical support. They will not count if they are married, engaged to be married, or in a de facto relationship.
Can my parents or siblings join my subclass 866 application?
Only as other dependent relatives. They must have no spouse or de facto partner, usually live with the family head, and be wholly or substantially reliant on the family head for financial, psychological or physical support. Parents, siblings, grandparents, grandchildren, aunts, uncles, cousins, nieces, nephews and step equivalents are the relatives named.
Does a married or partnered child lose dependent child status?
Yes. The official page states that a child or step-child of any age is not a dependent child if they are currently married, engaged to be married, or in a de facto relationship. A child who is not a dependent child must apply for their own visa.
Do family members on my application have to meet health and character requirements?
They do. Members of the same family unit applying for this visa must meet the health, character and security requirements, and each person's eligibility is assessed separately. They are also bound by condition 8559 on travel to the country from which protection was granted.
What should I do if my child is born after I lodge my application?
Notify the Department as soon as possible using Form 1022 Notification of change of circumstances, with a clear colour copy of the child's original birth certificate, submitted through ImmiAccount or by post to the address where the application was sent. A child born after lodgement and before the decision is taken to be included in the application.
Does the 866 visa let family members stay permanently too?
The visa is permanent and lets the holder stay in Australia indefinitely, with permanent residence starting on the day of grant, and travel to and from Australia for five years from the date of grant. Family members included on the application hold the same visa, so the same travel facility and condition 8559 apply to them.