Family proposal for Subclass 200: proposer rules and the 5-year limit in 2026
Who may propose a Subclass 200 applicant, how the five-year lodgement window works, and when the relationship had to be declared.
Yes — a family proposal can support a Subclass 200 (Refugee) visa application, but only within a narrow set of rules. Under clause 200.211(2) of the Migration Regulations 1994, the proposal must be made by an Australian citizen or permanent resident who currently or previously held a Subclass 200 visa, using approved Form 681; the application must be lodged within five years of the proposer's own visa grant; the applicant must have been an immediate family member at the time the proposer was granted; that relationship must have been declared to the department before the proposer's grant; and the proposer must not be a person covered by regulation 2.07AM(5). The programme context around that pathway — including how the department describes family proposals in its priority-processing policy — comes from the Australian Department of Home Affairs "Refugee category visas (Subclass 200, 201, 203 and 204)" page, as at the August 2026 version of that page. This is general information about published rules rather than advice on any individual case, so for a decision about your own situation rely on the current official pages and the regulations in force, and on a qualified practitioner if you need one.
Who can act as a proposer?
The proposer is the person whose own humanitarian grant opens the pathway. Under clause 200.211(2), that person must be an Australian citizen or permanent resident and must hold, or have previously held, a Subclass 200 visa. A proposal from someone who has never held that visa does not satisfy this particular criterion.
The department describes the family side of the proposal channel a little more broadly when it explains priority processing. It refers to applicants proposed by an immediate family member holding a Class XB visa, and separately to close family members holding a refugee category visa:
| Department's wording | Examples given | Proposer's visa as described by the department |
|---|---|---|
| Immediate family member | spouse, child under 18 | Class XB visa (subclass 200, 201, 202, 203 or 204) |
| Close family member | sibling, adult child, parent | refugee category visa (subclass 200, 201, 203 or 204) |
Read together, the clause-based criterion for Subclass 200 ties the proposer to Subclass 200 itself, while the department's policy summary describes a wider family group for the purpose of deciding which applications are generally prioritised. Where wording differs, the version of the regulations currently in force and the department's current published guidance govern.
What does the 5-year limit actually refer to?
Two different five-year periods apply to this visa, and conflating them is a common source of confusion.
| Five-year rule | What it does | Where it comes from |
|---|---|---|
| Lodgement window | The application must be made within 5 years of the proposer's visa being granted | Clause 200.211(2)(aa) of the Migration Regulations 1994 |
| Travel facility | The visa holder can travel to and from Australia for 5 years from the date of grant; after that a Resident Return visa (subclass 155 or 157) is needed to re-enter as a permanent resident | Department of Home Affairs page on Refugee category visas |
Only the first is a deadline for the family proposal pathway. The clock runs from the proposer's grant, not from the date the proposer lodged their own application and not from any later event. An application lodged outside that window does not meet the proposal criterion, which is why timing is listed among the recurrent reasons applications on this pathway fail.
Does the relationship have to be declared before the proposer was granted?
Yes. Clause 200.211(2)(d) requires the relationship to have been declared to the department before the proposer was granted their visa. The department's own page makes the same point from the proposer's side: all family members must be declared in the application, even those who are not applying, because a family member who was not declared may not be able to be sponsored later for a Humanitarian visa after the proposer arrives in Australia.
The same clause also requires the applicant to have been an immediate family member at the time the proposer was granted. Because the relationship is assessed at that point, a relationship formed afterwards — a marriage entered into after the proposer's grant, for example — does not meet the criterion as drafted. Assume a proposer was granted a Subclass 200 visa in 2023 and married in 2025: the spouse cannot rely on the proposal criterion, because the relationship did not exist when the proposer was granted.
Are some proposers excluded?
Yes. The proposal criterion excludes a proposer who is a person of a kind specified in regulation 2.07AM(5) of the Migration Regulations 1994. The text of that regulation determines exactly who is caught, so it needs to be read in its current form rather than assumed; where the regulation and the department's published guidance differ, the current official position prevails.
What else does the applicant have to satisfy?
Meeting the proposal criterion is one step, not the whole test. The remaining criteria include:
- continuing to satisfy clause 200.211 at the time of decision (200.221);
- the Minister being satisfied there are compelling reasons for giving special consideration (200.222), with regard had to the extent of the applicant's connection with Australia in family-member cases;
- regional and global humanitarian priorities (200.223), and settlement in Australia being appropriate and not contrary to the national interest (200.224);
- the annual cap on Subclass 200 grants and on the wider class of visas set by legislative instrument (200.225);
- public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010, plus 4019 where the applicant is 18 or over at the time of application (200.226);
- special return criterion 5001 where the applicant has previously been in Australia (200.227);
- criteria 4015 and 4016 where a family member under 18 is included (200.228).
Applicants must also be outside Australia both when applying and when the visa is granted, and must meet health and character requirements. There is no visa application charge for this visa. The department states that decisions take many months, even years, that applications for resettlement far exceed the places available, and that incomplete forms or missing documents add delay.
Can family members be included in the application instead?
They can, and for proposal-based cases the rules on who can be included are specific. Under clause 200.311, a secondary applicant in a proposal-based case must be an immediate family member of the primary applicant and must apply in a combined application, and that relationship must continue at the time of decision (200.321). Secondary applicants under 18 must also meet criteria 4017 and 4018.
The department's page lists the family members who can be added at any time before a decision: a partner, dependent children, a partner's dependent children, and another relative who is a dependant. A child who is not dependent must apply for their own visa. Family members included in the application must meet health and character requirements.
Does a proposal mean the visa will be granted?
No. A proposal is one way of meeting the primary criteria, not a decision in advance. The Minister must still be satisfied there are compelling reasons for special consideration, the application must fit regional and global humanitarian priorities, the annual cap must allow it, and health, character and location requirements must be met. The department's published position is that, because resettlement places are limited and demand is high, applicants are accepted in the most compelling circumstances only.
Frequently Asked Questions
Can a proposer who no longer holds a Subclass 200 visa still propose me?
The criterion refers to a proposer who currently or previously held a Subclass 200 visa, so the later loss or replacement of that visa does not by itself undo the fact of having held it. The proposer must also be an Australian citizen or permanent resident at the relevant time, and must not be a person covered by regulation 2.07AM(5).
When does the five-year lodgement window start?
It starts from the date the proposer's visa was granted, not from the date the proposer applied and not from the date you obtained documents. An application lodged after the window has closed does not satisfy clause 200.211(2)(aa).
Is the five-year travel facility the same as the five-year deadline?
No. The travel facility runs for five years from the date your own visa is granted and governs re-entry; after it expires you need a Resident Return visa (subclass 155 or 157) to return as a permanent resident. The lodgement window is a separate deadline tied to the proposer's grant.
What happens if my relative did not declare me when they applied?
The proposal criterion requires the relationship to have been declared before the proposer was granted, under clause 200.211(2)(d). The department also warns that a family member who was not declared in the original application may not be able to be proposed later for a Humanitarian visa.
Do I have to be outside Australia?
Yes. The department's page states you must be outside Australia when you apply and when the visa is granted, and clause 200.411 requires the applicant to be outside Australia at the time of grant.
Who counts as an immediate family member?
The department's priority-processing policy gives spouse and child under 18 as examples of an immediate family member, and sibling, adult child and parent as examples of a close family member. The proposal criterion in clause 200.211(2) is framed around immediate family membership, assessed at the time the proposer was granted.
Does a proposal put my application at the front of the queue?
A proposal by an eligible immediate family member is one of the groups covered by the government's priority-processing policy, alongside people assessed as refugees by UNHCR and referred for resettlement. It does not guarantee a grant: compelling reasons, humanitarian priorities, the annual cap and health and character requirements still apply.