Protection Visa 866 Application Fee

What is the Protection Visa 866 application fee for a family?

The Protection Visa 866 application fee is AUD 50 in total, as at September 2026. That one charge covers the main applicant and every family member included in the same Subclass 866 application. A family of five that lodges one combined application pays the same Protection Visa 866 application fee as a person who applies alone.

This surprises many people. Most Australian visas charge a separate amount for each additional applicant, and the total can grow quickly for a large family. The Subclass 866 Protection visa works differently. The Department's Protection Visa Processing Guidelines state that there is only a single visa application charge payable for applications by two or more persons, and that the charge for persons included in the application who claim to be members of the family unit is nil.

The charge is low, but the rules about who is covered are not simple. The Protection Visa 866 application fee only covers people who are properly included in the same application. A family member who is left out, added too late or lodged separately is in a different position. This article explains who the one Protection Visa 866 application fee covers, how family members are added before a decision, what happens when a baby is born during processing, and what happens when a family member is left out.

For the full eligibility rules, see our page on the Subclass 866 Protection visa. For a broad overview of the visa, see our complete guide to the Protection visa in Australia.

Does each family member pay a separate Protection Visa 866 application fee?

No. Family members who are included in the same combined application do not pay a separate Protection Visa 866 application fee. The one charge is paid once, when the application is lodged, and it covers everyone named in that application.

The legal basis is in item 1401 of Schedule 1 to the Migration Regulations 1994. Paragraph 1401(3)(c) allows a person who claims to be a member of the family unit of a Protection visa applicant to make an application at the same time and place as that applicant, combined with that applicant's application. The Department's guidelines then confirm that the charge for those combined family members is nil.

In practical terms, this means:

• the main applicant pays the Protection Visa 866 application fee once;
• a spouse or de facto partner included in the same application pays nothing extra;
• dependent children included in the same application pay nothing extra; and
• other dependent relatives who qualify as members of the family unit and are included in the same application pay nothing extra.

The position changes if family members lodge their own separate applications. Each separate application is its own application, and each one attracts its own Protection Visa 866 application fee. That is one reason why families usually lodge one combined application, but the fee is not the only consideration. Some family members have their own protection claims, and some families have good reasons to keep applications separate. Those choices are discussed later in this article.

The payment steps themselves, including how the charge is paid in ImmiAccount, are covered in our guide on how to create an ImmiAccount.

Who counts as a family member under one Protection Visa 866 application fee?

A family member covered by one Protection Visa 866 application fee is a person who is a member of the family unit of another person in the application. For Protection visa applicants, the definition is in subregulation 1.12(4) of the Migration Regulations 1994. It is wider than the general definition used for most other visas.

Under subregulation 1.12(4), a person is a member of the family unit of another person, called the family head, if the person is:

• the spouse or de facto partner of the family head;
• a dependent child of the family head, or of the family head's spouse or de facto partner;
• a dependent child of a dependent child of the family head, or of the family head's spouse or de facto partner; or
• a relative of the family head, or of the family head's spouse or de facto partner, who does not have a spouse or de facto partner, usually lives in the family head's household and is dependent on the family head.

The Migration Act 1958 also uses a second, broader term: "member of the same family unit". Under subsection 5(1) of the Act, two people are members of the same family unit if either is a member of the family unit of the other, or if each is a member of the family unit of a third person. For example, two adult siblings who both depend on their mother can be members of the same family unit because of their relationship with her.

Dependency has a specific meaning for Protection visa applicants. Subregulation 1.05A(2) provides that a person is dependent on another person if they are wholly or substantially reliant on that person for financial, psychological or physical support. Dependency is a question of fact. The Department assesses the evidence, and a general close family relationship is not enough by itself.

These definitions matter for the Protection Visa 866 application fee because only people who fall within them can be included in the combined application at no extra cost. A relative who does not meet the definition cannot be covered by the one charge, and would need to consider an application in their own right.

Do family members covered by the Protection Visa 866 application fee need their own claims?

No. A family member covered by the one Protection Visa 866 application fee does not need to have protection claims of their own. It is enough that they claim to be a member of the same family unit of an applicant who has made protection claims.

At the time of application, subclause 866.211(3) of Schedule 2 to the Migration Regulations 1994 requires a family member only to claim to be a member of the same family unit of another applicant who has made claims. The Department's guidelines say there is no requirement to assess whether the person actually meets the definition in order to decide whether the application is valid. The claim is enough for validity.

At the time of decision, the test is stricter. Paragraphs 36(2)(b) and 36(2)(c) of the Migration Act 1958 and subclause 866.221(3) require the family member to be a member of the same family unit of an applicant who engages Australia's protection obligations and who is granted a Protection visa of the same class. If one applicant is found to be a refugee under section 36(2)(a), or to meet the complementary protection test under section 36(2)(aa), the claims of the other family members may not need to be assessed. The family members must still meet the other criteria, including character and security.

The Form 866 application asks for details of every person included in the application. For each person, it asks whether that person is raising their own claims for protection. A family member who does raise claims must answer the claims questions in the form. A family member who does not raise claims relies on the family link alone.

This has a practical consequence. A family member who relies only on the family link depends on the outcome for the main applicant. If the main applicant is refused, a family member with no claims of their own will generally be refused too. Where a partner or older child has their own reasons to fear harm, those reasons should be recorded in the application from the start. The claims tests are explained in our guides to complementary protection and the Protection visa statement of claims.

Can a partner or child be added after the Protection Visa 866 application fee is paid?

Yes, but only a spouse, de facto partner or dependent child, and only before the application is decided. Regulation 2.08A of the Migration Regulations 1994 allows an applicant for a permanent Protection visa to ask for these family members to be added to the application after it has been lodged.

The Department's Subclass 866 information page says that a family member can only be added after lodgement if:

• they are the spouse or de facto partner, or a dependent child, of someone who has already applied;
• they are in Australia;
• they are eligible to apply for the visa; and
• the Department has not yet decided the application.

The request is made in writing. The Department directs applicants to complete Form 1436, Adding an additional applicant after lodgement, and to attach it to ImmiAccount together with evidence of the relationship. Regulation 2.08A also refers to payment of the additional applicant charge. The Department's guidelines state that the charge for members of the family unit included in a Protection visa application is nil, so adding a partner or child should not normally increase the Protection Visa 866 application fee already paid. Applicants should still check the current Form 1436 carefully when it is completed.

Other relatives cannot be added in this way. A dependent parent, grandchild or other relative who was not included at lodgement cannot be added under regulation 2.08A, even if they would have met the definition of a member of the family unit. They would need to make their own application, which attracts its own Protection Visa 866 application fee.

Application bars also matter. The Department's guidelines say officers must check that no bar applies to the person being added, such as section 48A, section 46A(1) or section 91K of the Migration Act 1958. A partner who has already been refused a Protection visa in Australia generally cannot be added, because section 48A prevents a further Protection visa application unless the Minister intervenes under section 48B.

Timing is critical. Paragraph 2.08A(1)(b) allows a family member to be added only "after the application is made but before it is decided". Once the Department makes a decision, whether a grant or a refusal, the chance to add a partner or child to that application is gone. A family that marries, starts a de facto relationship or reunites in Australia during processing should act promptly. Our guide to Form 1022 and changes in circumstances explains the related duty to tell the Department about changes under section 104 of the Migration Act 1958.

What happens to the Protection Visa 866 application fee when a baby is born after lodgement?

Nothing changes. No further Protection Visa 866 application fee is payable for a baby born in Australia after the application is lodged and before it is decided. Under regulation 2.08 of the Migration Regulations 1994, the child is generally taken to have applied for the same visa as the parent, at the time of birth.

The Department's Subclass 866 information page states that a child born after lodgement and before a decision is taken to be included in the application, unless the child is an Australian citizen at birth. A child born in Australia may be an Australian citizen by birth if either parent is an Australian citizen or permanent resident at the time of the birth.

Although the child is included automatically, the Department still needs to be told. The Department asks parents to:

• complete Form 1022, Notification of changes in circumstances;
• provide the child's birth certificate; and
• attach both documents in ImmiAccount as soon as possible.

The Department's page also states that a child born in Australia is automatically granted the same visa the parent holds at the time of birth. In most cases, that is the parent's bridging visa. Our guide to bridging visas in Australia explains how bridging visas work while the application is pending.

Two timing points are important. First, regulation 2.08 only applies while the parent's application is undecided. A child born after the parent has already been granted or refused is not added in this way. Second, the Department's guidelines say that a newborn is not automatically included in a parent's application for review at the Administrative Review Tribunal. If a child is refused separately, a separate review application may be needed for the child. Families who have a baby during processing should make sure the birth is notified before a decision is made, rather than after.

What if family members lodge separate applications instead of paying one Protection Visa 866 application fee?

Separate applications each attract their own Protection Visa 866 application fee, and each is decided as its own application. The family link is not lost, but it works differently.

The Department's guidelines say officers should make sure that members of the same family unit know they can still be considered as a family unit, even if they lodged separately, where other family members have undecided applications. If a partner or dependent child already has an undecided Protection visa application of their own, the guidelines say the applications should be allocated to the same officer and decided together. Regulation 2.08A does not apply in that situation, because the family member is already an applicant in their own right.

Separate applications remain separate. The Department makes a separate assessment record and a separate decision for each person, and each person receives their own notification. If an application is refused, each person's merits review rights must be explained to them separately. This can create extra work and extra risk. A family with several separate files must keep every file consistent, respond to every request on every file and track every deadline.

Some families choose separate applications deliberately. For example, two adults may have different claims and want each claim decided on its own evidence. That can be a sound choice. Paying more than one Protection Visa 866 application fee is rarely the deciding factor, because the charge is small. The more important question is how each family member's claims and evidence are best presented to the Department. Our guide to Protection visa evidence explains what supports a claim.

What happens if a family member is left out of the Protection Visa 866 application fee?

A family member who is left out of the application is not covered by the Protection Visa 866 application fee already paid, and may lose the benefit of the family link altogether if the omission is not fixed in time. This is the most serious risk for families.

Section 91WB of the Migration Act 1958 is the key provision. The Department's guidelines explain that, to be granted a Protection visa as a member of the same family unit of a Protection visa holder, the family member must have applied for the same class of visa before the holder's visa was granted. The guidelines give two examples of people who would not be eligible on the family link:

• a person who becomes the spouse of a Protection visa holder after the visa is granted; and
• a person who was the spouse of the holder before the grant, but who applied only after the holder's visa was granted.

If the main applicant's application is decided before the other family members make a valid application, those family members must make their own separate application and pay their own Protection Visa 866 application fee. Unless they have claims of their own, a later separate application may not succeed, because the family link under section 36(2)(b) or 36(2)(c) is no longer available to them.

The Department's guidelines also say that, once a decision has been made, a family member cannot be added to the application. The applicant is to be told in writing that the family member may apply in their own right, if no application bar applies, and that the family member will become an unlawful non-citizen unless they hold or are granted another visa. The Migration Act and Regulations also do not permit a family member to be added to a review application at the Administrative Review Tribunal.

Location matters too. Clause 866.411 requires every applicant to be in Australia when the visa is granted. The Department's guidelines confirm that a family member who has applied but is outside Australia at the time of decision will not satisfy the family link criteria. Form 866 itself states that every person included in the application must be in Australia at the time of application.

Common reasons a family member is left out include:

• the main applicant did not realise a de facto partner could be included;
• an adult child over 18 was assumed to be ineligible, without checking dependency;
• a dependent relative living in the household was not considered;
• a partner arrived in Australia after lodgement and the family did not use Form 1436 before the decision; and
• a baby's birth was not notified before the decision.

Each of these can usually be avoided with a careful review of the family before lodgement, and prompt action during processing. Our Protection visa documents checklist lists the relationship documents that should be ready for each family member.

Protection Visa 866 application fee checklist for families

The Protection Visa 866 application fee is paid once, but the family details attached to it must be right. The points below help families make sure the one charge covers everyone it should.

• Name every person who should be included in the Form 866 application, with their relationship to the first applicant.
• Confirm that every person included is in Australia at the time of application.
• Check whether each adult child or other relative is dependent within the meaning of subregulation 1.05A(2).
• Attach evidence of each relationship, such as birth certificates, marriage certificates, evidence of a de facto relationship, and evidence of dependency for dependants over 18.
• Record whether each person is raising their own claims for protection.
• Check whether any family member has previously been refused a Protection visa in Australia, because section 48A may apply.
• Tell the Department promptly about a birth, a new partner or any other change in the family.
• Make sure any Form 1436 request is lodged before the Department makes its decision.

Our guide to Form 866 explains how the application form is completed, and our guide to Protection visa eligibility sets out the wider criteria.

How My Migration Lawyers helps with the Protection Visa 866 application fee and family applications

My Migration Lawyers acts in many Subclass 866 matters that involve partners, children and other dependent relatives, and the firm is capable of handling complex family cases. These include families with members who have their own claims, adult children whose dependency must be shown, babies born during processing, partners who arrive after lodgement and family members who were left out of an earlier application.

The Protection Visa 866 application fee is small. The cost of getting the family details wrong can be very large. My Migration Lawyers reviews the family before lodgement so that everyone who should be included is included, and so that the one charge covers every eligible family member. During processing, the firm prepares Form 1436 requests and birth notifications before the decision is made.

Where family members have their own claims, My Migration Lawyers presents each person's own account and evidence in the form the law requires. Each statement is that person's own evidence, reviewed and corrected by them, and each client decides which claims are advanced. The firm works on a fixed fee agreed in writing before work starts.

The firm's Principal Lawyer, Weiwei Zhang, leads the firm's Protection visa practice. If an application has already been refused, our page on Protection visa refusals explains the review stage. More information about the firm's work is on our Protection visa lawyers page.

Anyone with a question about the Protection Visa 866 application fee, including a partner, child or relative who needs to be included, can book a consultation with My Migration Lawyers online. Prospective clients can also call My Migration Lawyers on 1300 040 300.