No Secondary Criteria for Subclass 851 in 2026: Why Each Family Member Must Apply in Their Own Right

Subclass 851 (Resolution of Status) has no secondary criteria, so no spouse, partner or child can be granted the visa simply because the person they applied with qualifies. The Migration Regulations 1994 say so directly at clause 851.3: "There are no secondary criteria for the grant of a Subclass 851 visa." The Department of Home Affairs states the same rule in operational terms on its Resolution of Status (Subclass 851) page — family members may apply together on the same application form, but each applicant must meet the requirements in their own right. That reflects the Department page as at August 2026.

This article is general information about how the criteria are structured rather than a personalised assessment of any individual case; the latest official publication governs, and anything turning on a person's own facts is a matter for a qualified practitioner.

What does "no secondary criteria" actually change?

Where a visa subclass has secondary criteria, a family member is assessed mainly on the relationship plus a short list of their own items — the primary applicant's approval carries them a long way. Subclass 851 has no such mechanism. Every person named on the form is measured against the primary criteria as if they were the only applicant, and one person's approval does not extend to anybody else.

Two consequences follow. First, a spouse or child cannot be added as a dependent and wait for the other person's decision to resolve their status. Second, family relationship is not irrelevant, but it enters through the same-family-unit provisions discussed below, as a criterion each applicant meets themselves — never as a substitute for the health, character, security and identity criteria.

Can my family still lodge on the same application form?

Yes. The Department's page confirms family members may apply together on the same application form. Sharing a form is a lodgement convenience; it does not merge the assessments or create a shared outcome.

Item	Position under Subclass 851
Same application form	Family members may apply together (Department page)
Grant criteria	No secondary criteria (clause 851.3); each applicant must meet the requirements in their own right
Health, character, security	Required of all applicants (Department page)
Australian Values Statement	Required of applicants aged 18 or over (Department page); PIC 4019 applies where the applicant had turned 18 at time of application
Money, employer, sponsor	No financial, employer or sponsorship criteria are recorded in the Regulations or the PAM3 material

The practical test is simple: suppose an applicant, their partner and their child all appear on one form. Three assessments run, three sets of criteria apply, and it is entirely possible for one or two to be granted while the others are not.

What must each applicant satisfy individually?

The criteria in Schedule 2 to the Migration Regulations 1994 apply person by person:

Health — clause 851.221 (specified medical examination), clause 851.222 (chest x-ray, subject to the exceptions the provision allows), and clauses 851.223–851.224 where a medical officer's assessment identifies a public health threat and supervision or treatment has to be arranged.
Public interest criteria — clause 851.225 requires PIC 4001, 4002 and 4003A, and PIC 4019 where the applicant had turned 18 at the time of application. The Department's page describes the same ground in plainer terms: health, character and security requirements, plus the Australian Values Statement for anyone aged 18 or over.
Identity — clause 851.228 deals with cooperating with requests for identity information and with bogus documents or false or misleading identity information; clause 851.229 deals with significant identity concerns that can only be resolved through a protection finding or humanitarian grounds. The Department's page warns that applicants may be asked for additional identity information, or to clarify identity details, and that this can involve an interview.
Location — clause 851.411 requires the applicant to be in Australia; the Department's page states that you must be in Australia when you apply.
Biometrics — the PAM3 material records the section 257A biometrics requirement for applicants aged 17 and over.

Clause numbering above comes from the Migration Regulations 1994 text published on the Federal Register of Legislation; where wording and current operation matter, the Department's visa page and the latest official publication govern.

When does being in the same family unit matter?

Clauses 851.226 and 851.227 require, for the application categories where they apply, that the applicant is a family member of another person, or a member of the same family unit. The PAM3 material records the relationship as having to hold at the time of decision.

That is a criterion the applicant satisfies about themselves, alongside everything else — not a way of borrowing another applicant's outcome. It is also distinct from the newborn rule below, which operates on where and to whom a child is born rather than on any secondary criteria.

What happens if a child is born after I lodge?

Per the Department's page, a child born after you submit your application and before a decision is made will be included in that application. You must notify the Department as soon as possible by completing Form 1022 Notification of change of circumstances, and provide a clear colour copy of the child's original birth certificate, attaching both documents in ImmiAccount or sending them by email to the address provided in your RoS visa or subsequent TPV or SHEV application acknowledgement letter.

Two adjacent rules follow from birth in Australia. A child born in Australia is automatically granted the same visa their parents hold at the time of birth. And if either parent is an Australian citizen or Australian permanent resident at the time of the birth, the child is an Australian citizen by birth — in that case an Australian citizenship certificate should be obtained and attached in ImmiAccount instead.

Who can apply, and what are the timing edges?

The Department's page sets three routes, all with the same ending — a permanent visa, with travel to and from Australia for five years from the date of grant.

Converted applications — if you applied for an initial TPV or SHEV before 14 February 2023, you do not need to apply for a Subclass 851 visa; the Department converts the application if you meet the TPV or SHEV criteria and notifies you if the visa is granted. The same applies if you held a TPV or SHEV and applied for a subsequent TPV or SHEV before that date.
Current holders — TPV and SHEV holders who had not submitted a subsequent TPV or SHEV application before 14 February 2023 can apply online via ImmiAccount, and must apply before their current TPV or SHEV ceases to remain lawful. There is no cost, and you must be in Australia when you apply. The online application includes notification of an application bar lift, since unauthorised maritime arrivals are otherwise subject to the bar in section 46A of the Migration Act 1958.
Unlawful non-citizens — if your TPV or SHEV expired before 14 February 2023, an application for this visa is also an application for a bridging visa.

A valid application extends the holder's TPV or SHEV until the Department decides the case, which is why the "before your visa ceases" deadline matters for everyone named on the form.

What if a family member cannot meet the criteria?

There is no fallback within Subclass 851. A family member who does not satisfy the criteria in their own right cannot be granted on the strength of another applicant's case, and there is no partial or conditional grant mechanism recorded in the Regulations.

After a grant, the Department's page notes that as an Australian permanent resident you may be able to sponsor eligible family members for permanent residence through the family visa stream of the Migration Program. That is a separate program with its own criteria and its own charges — not a continuation of the Subclass 851 assessment.

Frequently Asked Questions

Does Subclass 851 have a secondary or dependent applicant?

No. Clause 851.3 of the Migration Regulations 1994 records that there are no secondary criteria for the grant of a Subclass 851 visa. Every person on the application is assessed against the primary criteria in their own right.

Can my spouse and children be included on my application form?

Yes — the Department of Home Affairs states that family members may apply together on the same application form. Sharing the form does not give anyone dependent status or relax the criteria they personally have to meet.

Does each family member need their own health and character checks?

Yes. The Department's page requires all applicants to meet health, character and security requirements, and anyone aged 18 or over to sign the Australian Values Statement. In the Regulations these appear as clauses 851.221–851.225, including PIC 4001, 4002 and 4003A.

Will a child born after I apply be covered automatically?

The Department's page says a child born after you submit and before a decision will be included in that application, and that you must notify it using Form 1022 with a clear colour copy of the birth certificate. A child born in Australia is automatically granted the same visa their parents hold at the time of birth.

Do I have to pay for each family member on the form?

The Department's page states there is no cost for this visa. It separately notes that sponsoring family through the family visa stream after you become a permanent resident is a different process.

Does everyone have to be in Australia?

Yes for the grant of the visa itself — clause 851.411 requires the applicant to be in Australia, and the Department's page says you must be in Australia when you apply. The Department's page also notes that a valid application extends a current TPV or SHEV until a decision is made.

If one family member is refused, does that affect the others?

Each applicant is assessed against the criteria separately, so the Regulations contain no mechanism by which one person's outcome determines another's. What happens in practice depends on how each applicant's own criteria are met.