Advice needed on applying onshore for an addition to 457 visa whilst on an ETA tourist visa

[Needtoknow]

Hi all. I think I have asked similar questions before, but still feel unclear on what I should be doing. Any help would be appreciated.

 

I have to apply for an ETA visa to visit Oz in July to get married and holiday with family. However, since this holiday was booked last year, my husband to be has now secured employment and may have his 457 visa very soon.

 

I need to be added to this visa onshore when we have our marriage certificate. Is this allowed whilst I'm on ETA tourist visa?

 

The next question is, if it doesn't come through in the 3 month period, rather than fly out and back in, could I get some sort of bridging visa whilst waiting for the outcome of the 457 visa?

 

I'm really worried about all of this and rather that having all of this worry, we really should be able to look forward to seeing the family and getting married!

[Bungo]

Why don't you just go on the application from the beginning rather than wait to be married?

[Needtoknow]

The application is about to be approved we think as it's in the 7th week and they have just requested more information from the employer.

 

We didn't add me on the initial application as we knew we didn't have enough evidence of the defacto relationship unfortunately. I also rang an agent who said if we try it may jeopardise his job as the whole application may be rejected.

 

Why don't you just go on the application from the beginning rather than wait to be married?

[Bungo]

The application is about to be approved we think as it's in the 7th week and they have just requested more information from the employer.

 

We didn't add me on the initial application as we knew we didn't have enough evidence of the defacto relationship unfortunately. I also rang an agent who said if we try it may jeopardise his job as the whole application may be rejected.

 

Umm no they wouldn't have rejected the visa if they were not satisfied with the defacto information, they would have said they were not happy with the defacto information and the worse case was that you would need to be removed from the application. Do you live together now? For how long? I'd be tempted to revisit this quickly..

 

But if you don't, yes you can apply onshore and I believe you would get a bridging visa so you can stay on shore whilst it is going through. It will take about as long as the initial application.

[Needtoknow]

We have lived together for over a year, but because it's my house and he still has his house we don't have evidence. I only have bills such as the telephone one and his car insurance in his name and although his money goes into my account it is only in my name as we didn't get round to changing it into a joint account.

 

I looked on an agent's website and it says 'you can extend a visa' but not apply onshore for a different visa, so I became worried that I wouldn't be able to lodge my application whilst in Australia.

 

 

 

 

Umm no they wouldn't have rejected the visa if they were not satisfied with the defacto information, they would have said they were not happy with the defacto information and the worse case was that you would need to be removed from the application. Do you live together now? For how long? I'd be tempted to revisit this quickly..

 

But if you don't, yes you can apply onshore and I believe you would get a bridging visa so you can stay on shore whilst it is going through. It will take about as long as the initial application.

[Bungo]

Oh dear what shocking advice you have received. There should have been no issue at all with you going on the 457 visa after having lived together for more than a year. I am sure you could have cobbled something together to prove it, you don't have to have things in joint names. His money going into your account to pay for your shared life is excellent evidence for a start. I would honestly look into this again like really quickly..

 

As for what you read on a website, I expect you have not taken in the full context. What visa you are on and what visa is being applied for and any visa conditions all come into whether you can apply onshore. In this case, there would be no issue applying for a 457 onshore from a three month electronic tourist visa.

[Needtoknow]

You are like my fairy godmother. Thank you so much!

 

However, I simply daren't, or have no idea how to now interfere with a process that is nearing its completion? We need to leave the UK in July and that is approaching really fast.. Would we be able to ask after it comes through as 'application approved?' Or would me having an ETA stop me from trying to get added by July?

 

Equally if I hold off from getting an ETA, and apply from the UK now, would that mean I can't go in July if it hasn't been approved, as I already have a visa application (ie: 457) in process?

 

Oh dear what shocking advice you have received. There should have been no issue at all with you going on the 457 visa after having lived together for more than a year. I am sure you could have cobbled something together to prove it, you don't have to have things in joint names. His money going into your account to pay for your shared life is excellent evidence for a start. I would honestly look into this again like really quickly..

 

As for what you read on a website, I expect you have not taken in the full context. What visa you are on and what visa is being applied for and any visa conditions all come into whether you can apply onshore. In this case, there would be no issue applying for a 457 onshore from a three month electronic tourist visa.

[Needtoknow]

PS...this agent said that proof of his wages going into my account would not be enough and that it would have to be in joint names!

[Bungo]

You are like my fairy godmother. Thank you so much!

 

However, I simply daren't, or have no idea how to now interfere with a process that is nearing its completion? We need to leave the UK in July and that is approaching really fast.. Would we be able to ask after it comes through as 'application approved?' Or would me having an ETA stop me from trying to get added by July?

 

Equally if I hold off from getting an ETA, and apply from the UK now, would that mean I can't go in July if it hasn't been approved, as I already have a visa application (ie: 457) in process?

 

PS...this agent said that proof of his wages going into my account would not be enough and that it would have to be in joint names!

 

Well as to how to go about it, I think your OH should go to the employer and say that it has come to his attention that it would be easier for you to be added to the application now rather than later and that he would like to do that.

 

There is absolutely no requirement for evidence to be in joint names, that is just complete rubbish. Is this an agent that the employer has appointed and is paying for? If so then they are acting in employers best interests and maybe just trying to cut one step out of the process. But then how inclined will they be to repeat this process again shortly thereafter? You cannot apply for the 457 dependent visa by yourself, the employer will have to go through an application process again. It is more paperwork for them too so really they are just as well doing it now than later.

 

I don't really understand your ETA questions, can you explain that again? Are you going to Australia to get married? Hmm but then your new spouse will be on a 457 and you on a tourist visa, you might very well look like you are not a genuine tourist in which case potential problems at the border.

 

I am more and more convinced that you really need to act now to get yourself on the application.

[Needtoknow]

It was just an agent I rang myself in the UK. The employer are acting for themselves. They offered to wait until we were in Australia but said this would be cutting it fine. They realise I need to be added later and are prepared to do that.

 

With regards to the marriage thing. We booked this holiday last year as a wedding too at the hotel. We didn't have the job then and would have both being just getting married and having our honeymoon there. We had a honeymoon to fiji booked too but have cancelled this as our situation to move there on a 457 means we need the money for this now rather than an exotic holiday.

 

I am very worried too about them thinking that at the border! I just don't know what to do. Will having evidence from the employer in the form of a letter, stating that they will add me and evidence of how long the wedding has been booked for help? I asked my OH to get married in England then just have a blessing in Oz, but that would have spoilt our original plans and made it less special so we didn't do that.

 

My immediate family are Australian citizens and that is the reason for getting married over there. Would that help too do you think?

 

 

Well as to how to go about it, I think your OH should go to the employer and say that it has come to his attention that it would be easier for you to be added to the application now rather than later and that he would like to do that.

 

There is absolutely no requirement for evidence to be in joint names, that is just complete rubbish. Is this an agent that the employer has appointed and is paying for? If so then they are acting in employers best interests and maybe just trying to cut one step out of the process. But then how inclined will they be to repeat this process again shortly thereafter? You cannot apply for the 457 dependent visa by yourself, the employer will have to go through an application process again. It is more paperwork for them too so really they are just as well doing it now than later.

 

I don't really understand your ETA questions, can you explain that again? Are you going to Australia to get married? Hmm but then your new spouse will be on a 457 and you on a tourist visa, you might very well look like you are not a genuine tourist in which case potential problems at the border.

 

I am more and more convinced that you really need to act now to get yourself on the application.

[Bungo]

It was just an agent I rang myself in the UK. The employer are acting for themselves. They offered to wait until we were in Australia but said this would be cutting it fine. They realise I need to be added later and are prepared to do that.

 

With regards to the marriage thing. We booked this holiday last year as a wedding too at the hotel. We didn't have the job then and would have both being just getting married and having our honeymoon there. We had a honeymoon to fiji booked too but have cancelled this as our situation to move there on a 457 means we need the money for this now rather than an exotic holiday.

 

I am very worried too about them thinking that at the border! I just don't know what to do. Will having evidence from the employer in the form of a letter, stating that they will add me and evidence of how long the wedding has been booked for help? I asked my OH to get married in England then just have a blessing in Oz, but that would have spoilt our original plans and made it less special so we didn't do that.

 

My immediate family are Australian citizens and that is the reason for getting married over there. Would that help too do you think?

 

Ok well it is good that it is not the employer dragging their heels over adding you. But in that case, I just do not understand why you won't have the conversation with them now and make all your loves a lot easier, including theirs.

 

The issue I am trying to explain is that you are going to be travelling on a tourist visa and tourist visas are for tourists. Travelling with a person you are about to marry who has a visa to stay is a very clear sign that you are not really a tourist.

 

Having evidence that the employer is going to apply for you is not really a good look no, because you are not supposed to travel to Australia in order to lodge an application. Having family in Australia is also not helpful because it all points towards you having reasons to stay and not being a genuine tourist.

 

Again, to avoid a lot of worry between now and your wedding, I REALLY think that you should get this application updated. This should be a time of great happiness, not worrying over visas and what will happen at the immigration desk.

[Needtoknow]

Oh right. We will ring the employer and ask them then. However, apart from evidence in the form of holidays last year, our wedding booking and his money going into my account we don't have anything else to prove our relationship . His money has been going in since December which isn't quite 6 months either. It is a continuing thing though.

 

As we are still unsure if he, and indeed the employer, will have this application accepted (and it really is at the final stages), should we wait until that comes through first (hopefully next week)? I would hate to jeopardise it at this stage.

 

Ok well it is good that it is not the employer dragging their heels over adding you. But in that case, I just do not understand why you won't have the conversation with them now and make all your loves a lot easier, including theirs.

 

The issue I am trying to explain is that you are going to be travelling on a tourist visa and tourist visas are for tourists. Travelling with a person you are about to marry who has a visa to stay is a very clear sign that you are not really a tourist.

 

Having evidence that the employer is going to apply for you is not really a good look no, because you are not supposed to travel to Australia in order to lodge an application. Having family in Australia is also not helpful because it all points towards you having reasons to stay and not being a genuine tourist.

 

Again, to avoid a lot of worry between now and your wedding, I REALLY think that you should get this application updated. This should be a time of great happiness, not worrying over visas and what will happen at the immigration desk.

[Needtoknow]

Oh and if we apply now and it doesn't get approved on time (by our flight date in July), will I get a tourist visa to go? Worse still, if it gets rejected due to a lack of evidence, will I get a tourist visa? The holiday and wedding is booked with the travel agent. The Australian request to get married form has been filled in and returned to the marriage celebrant in Oz!

 

 

Oh right. We will ring the employer and ask them then. However, apart from evidence in the form of holidays last year, our wedding booking and his money going into my account we don't have anything else to prove our relationship . His money has been going in since December which isn't quite 6 months either. It is a continuing thing though.

 

As we are still unsure if he, and indeed the employer, will have this application accepted (and it really is at the final stages), should we wait until that comes through first (hopefully next week)? I would hate to jeopardise it at this stage.

[Bungo]

Oh and if we apply now and it doesn't get approved on time (by our flight date in July), will I get a tourist visa to go? Worse still, if it gets rejected due to a lack of evidence, will I get a tourist visa? The holiday and wedding is booked with the travel agent. The Australian request to get married form has been filled in and returned to the marriage celebrant in Oz!

 

 

Well iyou mentioend it looked close to being granted, so there is another two months to go? But you wouldn't automatically get a holiday visa if it is not through, you would need to apply for one.

[Needtoknow]

Thanks again Bungo.

So if we apply for me now and it's not through in the 2 months, either due to lack of evidence or refusal would I be able then to go on a tourist visa as we have our wedding booked?

 

Well iyou mentioend it looked close to being granted, so there is another two months to go? But you wouldn't automatically get a holiday visa if it is not through, you would need to apply for one.

[Bungo]

Thanks again Bungo.

So if we apply for me now and it's not through in the 2 months, either due to lack of evidence or refusal would I be able then to go on a tourist visa as we have our wedding booked?

 

Do you mean put you on the same application? In which case why wouldn't it be through in two months? You said you thought it was ready for grant. If it is delayed though, neither of you would have a visa so would both be travelling to Australia on tourist visas and cannot see any reason why there would be any problem whatsoever.

 

One of you on a 457 and the other on a tourist visa is *potentially* an issue for the reasons I have already explained above.

[Needtoknow]

Yes on the same application, but by the time my info is ready to lodge we may already have been told he has his visa granted.

 

So if they then lodge the application for me, and it does come through in the 2 months all is fine, but what if the evidence we have doesn't satisfy them? That's what I mean. Will I then get my tourist visa?

 

Alternatively, if for some reason it doesn't come through on time (as plenty of people on here have gone past 2 months), then what? I really appreciate you giving your time to answer these questions for me, so I'm sorry for asking more!

 

Do you mean put you on the same application? In which case why wouldn't it be through in two months? You said you thought it was ready for grant. If it is delayed though, neither of you would have a visa so would both be travelling to Australia on tourist visas and cannot see any reason why there would be any problem whatsoever.

 

One of you on a 457 and the other on a tourist visa is *potentially* an issue for the reasons I have already explained above.

[Bungo]

Yes on the same application, but by the time my info is ready to lodge we may already have been told he has his visa granted.

 

So if they then lodge the application for me, and it does come through in the 2 months all is fine, but what if the evidence we have doesn't satisfy them? That's what I mean. Will I then get my tourist visa?

 

Alternatively, if for some reason it doesn't come through on time (as plenty of people on here have gone past 2 months), then what? I really appreciate you giving your time to answer these questions for me, so I'm sorry for asking more!

 

 

Just put yourself on the current appplication NOW. Don't worry about getting evidence first, get yourself on the application and then get your evidence together. Slow it down. If you wait to collect evidence before announcing yourself as a secondary applicant then the visa could be granted in the meantime. So just get your name down on that application ASAP to buy time.

 

Yes 457 applications can take more than two months, but if neither of you have a 457 visa there is no issue. You are just a couple going on holiday and getting married.

 

I do not think that a couple that have been living together for over 12 months are going to have any issue getting a 457 visa together.

 

To the question about whether you would get a tourist visa if you cannot get on the 457 visa well again I can only refer you to my previous posts. That it is going to look odd that one half of a couple has a 457 visa and the other half has a tourist visa.

 

You would certainly get the visa granted, but that is not the problem. A visa grant does not mean you will be admitted to Australia. If the immigration officer sitting at that desk decides your visa is snot fit for purpose, in this case if they decide you are not just here for a holiday, they can send you straight back - visa or no visa.

 

For the love of God, get yourself onto that 457 application. I really cannot keep on repeating myself over and over again, it is incredible to me that you are not already on this application. Anyway I cannot keep saying the same thing over and over again so this is my last post sorry.

Edited May 5, 2016 by Bungo

[Needtoknow]

Thank you Bungo. We will get this sorted.

 

Just put yourself on the current appplication NOW. Don't worry about getting evidence first, get yourself on the application and then get your evidence together. Slow it down. If you wait to collect evidence before announcing yourself as a secondary applicant then the visa could be granted in the meantime. So just get your name down on that application ASAP to buy time.

 

Yes 457 applications can take more than two months, but if neither of you have a 457 visa there is no issue. You are just a couple going on holiday and getting married.

 

I do not think that a couple that have been living together for over 12 months are going to have any issue getting a 457 visa together.

 

To the question about whether you would get a tourist visa if you cannot get on the 457 visa well again I can only refer you to my previous posts. That it is going to look odd that one half of a couple has a 457 visa and the other half has a tourist visa.

 

You would certainly get the visa granted, but that is not the problem. A visa grant does not mean you will be admitted to Australia. If the immigration officer sitting at that desk decides your visa is snot fit for purpose, in this case if they decide you are not just here for a holiday, they can send you straight back - visa or no visa.

 

For the love of God, get yourself onto that 457 application. I really cannot keep on repeating myself over and over again, it is incredible to me that you are not already on this application. Anyway I cannot keep saying the same thing over and over again so this is my last post sorry.

[MaggieMay24]

My employer has a 457 visa application in process for an intra-company transfer. DIBP has asked the applicant for additional evidence of their de facto relationship despite the fact that they have a child together. I'd suggest you meet with a migration agent to review your documents and see what strategy they suggest.

 

It's much easier if you can be included in the original application if possible, but applying as a subsequent dependent isn't overly complicated from what I've seen. You submit your application along with a letter from the employer agreeing to include you in the nomination. The employer doesn't need to do anything other than providing you the letter.