Deciding to add your partner as a secondary applicant to a Subclass 457 is a convenient way for your partner to secure an Australian visa with unrestricted work and study rights in a relatively inexpensive manner.
Definition of a Partner
Your partner can be married to you or they can be your de facto partner. De facto partners can be the same or opposite sex. In either case, you must prove:
- the relationship is genuine and continuing;
- your partner is at least 18 years of age when the application is lodged;
- you are not related by family;
- you and your partner have a mutual commitment to a shared life to the exclusion of all others; and
- you live together, or do not live separately on a permanent basis.
When can my Partner be included in the Subclass 457 visa?
In your initial Subclass 457 visa application
When you are first applying for the 457 visa, you will be able to include your partner as a secondary applicant.
After you have already been granted your Subclass 457 visa
To include your partner after you have already been granted a 457 visa, you will need to make a separate visa application to attach your partner to your current 457 visa. The separate visa application is a specific process designed to allow primary applicants who did not initially include family members into their initial 457 visa application. It also provides a pathway for the partners of the 457 visa holders who have since married or entered into a de facto relationship, after the visa application has been granted.
What evidence do I need to provide?
If you are married you will need provide evidence of your marriage (such as a copy of your marriage certificate). Keep in mind that, your marriage must be legal under Australian law. For example, if you and your same sex partner were married under the New Zealand marriage laws, it will not be recognised as a legal marriage under Australian law.
If you are in a de facto relationship, you and your partner will need to prove that you have been living as a de facto couple for at least 6 months prior to the application. Your evidence can include joint financial documents, joint utility bills, correspondences going to the same address and any joint assets or liabilities.
Importantly, if you are intending to attach your partner after your subclass 457 visa has been granted – you will also need written consent from your sponsoring employer, confirming that they allow their sponsorship obligations to extend to your spouse or de facto partner.
Other requirements (secondary criteria)
In addition to the abovementioned requirements, your partner must:
- not have any adverse information known to DIBP;
- hold adequate private health insurance;
- meet health requirements; and
- meet character requirements.
If you have any further questions about adding your partner to your Subclass 457 visa please feel free to contact our office.
If you require the representation of a Migration Agent in the Brisbane CBD today, then give us a call on 1300 644 788 or send your enquiry here.
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Brisbane QLD 4000
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Originally Published here: Adding your Partner to a Subclass 457 visa
Originally Published here: Adding your Partner to a Subclass 457 visa
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