Can Adult dependents be included in an Australian Permanent Business visa application?

I recently received the following question on my blog at www.business-visas-australia.com ..

Hi,
I’m on a 163 visa and my son is here with me on the same visa category as a dependent and studying as fulltime student at TAFE collage.
I just want to know, roughly how much is he allowed to earn if he is to do a part time job and will it affect him when I apply for a permanent visa or would my son be considered as a dependent.
Please be kind enough to advise me on this matter.
Thank you
Fernando
(Submitted on 2009/08/19 at 11:24pm)

It is a such a simple yet very important questions facing any holders of subclass 163 visa, subclass 164 visa, subclass 165 visa and any of the other provisoinal business visas under the Business Skills (Provisional) (Class UR) category.

So I was inspired to write a post explaining my answer to Fernando. My short answer is – adult dependents like Fernando’s son can be included in a permanent business visa application regardless of the son’s part time employment.

The basis for this comes from the Migration Regulations. At the time an application is made for one of the permanent business visas under the Business Skills (Residence) (Class DF) category, any accompanying family visa applicants must be a “member of the family unit” as defined by Regulation 1.12 of the Migration Regulations.

Generally, the definition of a member of the family unit includes:-

1. spouse (either married or de facto)
2. dependent children
3. dependent children of dependent children
4. any relative who resides with the family and is dependent

(Dependency is related to financial dependency only.)

In relation to the permanent business visas this definition of a “member of a family unit” is extended to include a person is a member of the family unit of an applicant if, at the time of application:
(a) the person holds a visa:
(i) of a subclass included in Business Skills (Provisional) (Class UR); and
(ii) that was granted on the basis that the person was a member of the family unit of a holder of a visa of a subclass included in Business Skills (Provisional) (Class UR); and
(b) the person is included in the application for the Business Skills (Residence) (Class DF) visa.

If I go back to the example of Fernando and his son, let’s call him Charlie for this exercise, then Charlie is eligible to be included in the permanent business visa application because:-

(a)(i) Charlies holds a 163 visa which is a subclass included in the Business Skills (Provisional)
(ii) Charlie’s 163 visa was granted on the basis that he was a dependant of Fernando the main 163 visa applicant
(b) Charlie is to be included in an application for a permanent business visa, a subclass 892 business owner visa for example.

It wouldn’t matter if Charlie was a student or a full time employee, when his father Fernando is ready to lodge a permanent business visa application, Charlie can be included because he is a “member of the family unit” as covered by the Migration regulations in relation to permanent business visa applicants.

If anyone is in a situation where they are a provisonal business visa holder and need further clarification of this issue please email me directly.

Hope this information helps!

Kind regards,
Mrs Mege Dalton MARN 0501113
Registered Migration Agent