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OZ announces changes in Migration Legislation

OZ announces changes in Migration Legislation

Australia announced some crucial changes in the definition of “Member of the Family Unit” (MoFU) which will come into effect from November 19,, 2016. This new definition will affect the applications made on or after November 19th, after which the MoFU will be made limited to direct Family members only.

  • The vital changes made to the definition of MoFU are:

  • A member will be included in the Member of the Family Unit, only if they are:

  • Spouse or de facto partner of the applicant

  • Child or step child, who is still 23, and is financially dependent on the applicant or the applicant’s partner

  • If the child has turned 23 but is financially dependent on the applicant or the partner due to any mental or physical disability.

  • A grandchild or a step- grandchild who is the dependent of a child who fulfils at least one of the criteria of dependent child. A child will not be considered dependent even if they are under 23 years, if they are engaged to get married or are having a spouse or a de facto partner.

  • Removal of ‘relative’ of the family head or partner of the family head from the general definition of MoFU

  • Permits a family member who holds a temporary visa like 457/487/489 etc. to be eligible for further visa process as they could no longer be a member of the family unit, for example if the dependent child got engaged or have crossed the age limit of 23 years.

The latest amendments made in the definition of MoFU provide a more generous pathway for migration as it recognizes extended family members in the visa application process. Inclusion of step children and an increase in the upper limit of the dependent age group to 23 years are some prominent amendments to Australia’s selection criteria.  These changes are brought with the objective of making the MoFU arrangements more consistent for citizens and permanent residents to bring their family members to Australia.

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