Can Family Members Be Included in a Subclass 851 Application in 2026?
Explains if family members can be included in a 2026 Subclass 851 application, joint-form rules, and why each person must meet the criteria.
Yes — family members can be included in a Subclass 851 (Resolution of Status) application in 2026, but only in a specific way. According to the Australian Department of Home Affairs' Resolution of Status (Subclass 851) official page, as at August 2026, family members may apply together on the same application form, and each applicant must meet the requirements in their own right for the grant of the visa. That second sentence is the part that decides most cases: Subclass 851 has no secondary criteria, so no one is granted simply as the spouse, partner or child of the main applicant. This article is general information only and is not personalised migration or legal advice; because these rules turn on individual circumstances, your own position should be checked against the current official page or with professional advice.
Can family members apply together on the same Subclass 851 form?
They can. The official page states family members may apply together on the same application form. In practice this means one form can cover more than one person in the same household, rather than each person lodging a separate standalone application.
The Migration Regulations 1994 reinforce the point from the other direction. Under Schedule 2, the note to clause 851.3 states there are no secondary criteria for the grant of a Subclass 851 visa. A "secondary criteria" route is the mechanism many other visas use to grant a dependant on the strength of the primary applicant's approval. Subclass 851 does not have that route.
What does "each applicant must meet the requirements in their own right" actually mean?
It means the Department assesses every person named on the form against the primary criteria for the visa, not against a reduced dependant test. Under the official page, all applicants need to meet health, character and security requirements, and any applicant aged 18 or over must sign the Australian Values Statement.
The Regulations add detail to those individual requirements. The Migration Regulations 1994 provide that applicants are assessed against public interest criteria 4001, 4002 and 4003A, and against criterion 4019 if the applicant had turned 18 at the time of application, together with health clauses such as 851.221 to 851.224. Identity is also assessed individually: the Department may ask for additional identity information or an interview, and the Regulations contain clauses dealing with identity information, bogus documents and significant identity concerns.
The Regulations also contain same-family-unit provisions. The Migration Regulations 1994 include clauses 851.226 and 851.227, which, for certain application categories, require an applicant to show they are a member of the same family unit as another person. Those clauses are part of the primary criteria; they are not a substitute for the no-secondary-criteria rule.
Assume an applicant and their spouse are named on the one form. The spouse is not approved because the applicant is approved. The spouse must separately satisfy health, character and security, and sign the values statement if 18 or over. If the spouse cannot satisfy one of those requirements, the spouse's own claim to the visa fails, even though both names appear on the same form. The same logic applies to a child who is included as an applicant.
What if a child is born after you apply but before the decision?
The official page sets out a specific rule. If a child is born after you submit your application and before the Department makes a decision, the Department will include the child in that application. You must tell the Department as soon as possible by completing Form 1022 Notification of change of circumstances. You must also provide a clear colour copy of the child's original birth certificate, and attach both documents in ImmiAccount or send them by email to the address provided in your RoS visa or subsequent TPV or SHEV application acknowledgement letter.
Two further rules apply to a child born in Australia. The child is automatically granted the same visa their parents hold at the time of the child's birth. Separately, if either parent is an Australian citizen or an Australian permanent resident at the time of the child's birth, the child will be an Australian citizen by birth; in that case an Australian citizenship certificate should be obtained and attached in ImmiAccount.
Who has to be in Australia, and when?
The official page says you must be in Australia when you apply for the visa. The Regulations record the applicant must be in Australia (clause 851.411). Because each applicant must meet the requirements in their own right, the location condition is assessed for each person on the form, not just for the person who organised the application.
If an applicant is temporarily outside Australia at the time of decision, the Department's Procedures Advice Manual (PAM3) indicates a decision-maker should not refuse the application merely because the person is overseas, unless the applicant clearly does not intend to return to Australia. PAM3 refers to waiting where the applicant holds a return visa or travel document, or has advised a return date. This remains a matter for the published criteria and the decision-maker.
How does a joint application affect processing and later changes?
The Department continues to actively process all RoS visa applications, and the official page notes that some cases are more complex than others, particularly where further identity information is needed. Lodging one form for the household does not turn the family into a single case that rises or falls together: the criteria are applied to each applicant.
For changes after the visa is granted, the official "what you must do on this visa" section lists matters to report, including changes to name, phone number, email, address or passport, changes to marital or de facto status, the birth of a child, and a death in the family where the family member is an applicant for a RoS visa.
Frequently Asked Questions
Can my spouse and children be included on my Subclass 851 application?
Yes. The Department of Home Affairs official page states family members may apply together on the same application form. However, each person must meet the visa requirements in their own right, and Subclass 851 has no secondary criteria, so there is no dependent grant available.
Why does Subclass 851 have no secondary criteria?
The Migration Regulations 1994 include a note to clause 851.3 stating there are no secondary criteria for the grant of a Subclass 851 visa. In practice, this means a spouse or child cannot be granted merely because the primary applicant qualifies; they must satisfy the primary criteria themselves, or meet the same-family-unit provisions in clauses 851.226 and 851.227 where those apply.
If my child is born while my application is pending, do I need to lodge a new application?
No. The official page says a child born after you submit your application and before the decision will be included in that application. You must notify the Department as soon as possible using Form 1022 Notification of change of circumstances and provide a clear colour copy of the child's original birth certificate.
Does each family member have to pass the health and character checks?
Yes. The official page states all applicants need to meet health, character and security requirements. Applicants aged 18 or over must also sign the Australian Values Statement; these are individual requirements, so one person's approval does not cover another.
Must every family member on the form be in Australia?
The official page says you must be in Australia when you apply, and the Regulations record that the applicant must be in Australia (clause 851.411). Because each applicant must meet the requirements in their own right, that location condition applies to each person included on the form.
Is there a separate government fee for including family members?
The official page states there is no cost for the Resolution of Status visa. It does not set out any additional government charge for adding family members to the same application form, so no separate family-member amount is published.