Commonwealth Numbered Regulations

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1992 No. 367 MIGRATION (1993) REGULATIONS - REG 1.8

Member of a family unit
1.8. (1) Subject to subregulation (2), a person is a member of the family
unit of another person (in this subregulation called "the family head") if the
person is:

   (a)  a spouse of the family head, where the relationship is a genuine and
        continuing relationship and the parties are not legally separated; or

   (b)  a dependent child of the family head or of a spouse of
        the family head; or

   (c)  a dependent child of a dependent child of the family head or of a
        spouse of the family head; or

   (d)  a relative of the family head or of a spouse of the family head who:

        (i)    does not have a surviving spouse or any other relative (other
               than the family head) able to care for that relative in the
               relevant country; and

        (ii)   is usually resident in the family head's household; and

        (iii)  is dependent on the family head; or

   (e)  a relative of the family head or of a spouse of the family head who:

        (i)    has never married or is widowed, divorced or separated; and

        (ii)   is usually resident in the family head's household; and

        (iii)  is dependent on the family head.

(2) A person is a member of the family unit of an applicant for a student
visa, an occupational trainee visa or an entry permit that is equivalent to
such a visa, if the person is:

   (a)  a spouse of the applicant; or

   (b)  a dependent child of the applicant or of that spouse who is unmarried
        and has not turned 18; or

   (c)  a person who has entered into an agreement to marry the applicant if
        the applicant and that person intend that the marriage shall take
        place not later than 3 months after the entry of the person to
        Australia. 


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