ben1997 Posted August 23, 2016 Share Posted August 23, 2016 Hi, I hold a 457 Visa as a dependant of my father who has a 457 visa. I am 18 years old and they have given it to me as a student so I can visit him easily. I want to come a spend a season as an overseas player with an Adelaide cricket club before starting university in October 2017. Can i get casual work with this 457 visa or do I need to apply for a working holiday visa in which case will I need to relinquish my 457 visa? Thanks in advance, Ben Quote Link to comment Share on other sites More sharing options...
Bungo Posted August 23, 2016 Share Posted August 23, 2016 (edited) The 457 allows work for dependents. The issue is that if you are going to be working full time for a year, your dependency is called into question. Edited August 23, 2016 by Bungo Quote Link to comment Share on other sites More sharing options...
ben1997 Posted August 23, 2016 Author Share Posted August 23, 2016 Even if it's not skilled? Quote Link to comment Share on other sites More sharing options...
Bungo Posted August 23, 2016 Share Posted August 23, 2016 Even if it's not skilled? Its got nothing to do with being skilled. Dependents on the 457 visa do not need to be in a skilled occupation, they can work as they please. If you were coming for a holiday job or wnated to do weekend work whilst you study then there would be no issue. However if you are looking into taking a full time job and are over 18, then it raises questions about your eligibility. Thi is actually makes me wonder what are your families plans for the future, are they hoping to get a permanent visa or is this truly a temporary assignment? Quote Link to comment Share on other sites More sharing options...
Guest Posted August 23, 2016 Share Posted August 23, 2016 I don't believe once you have the 457 you have to remain dependent for the whole time, you have been granted the visa and that's that so you can work as you please - skilled or unskilled. Might be worth posting in the 'Ask an agent' section, one of the agents that post here may be willing to give a bit of free advice. Quote Link to comment Share on other sites More sharing options...
ben1997 Posted August 23, 2016 Author Share Posted August 23, 2016 Thanks Bungo, but I don't want to work full time, it is a holiday job whilst I have a season over there as an overseas player before returning to UK. for uni. I just want to earn a bit for food and travelling around and socialising when I'm not playing cricket. Quote Link to comment Share on other sites More sharing options...
ben1997 Posted August 23, 2016 Author Share Posted August 23, 2016 Thanks Lady Rainicorn, that's good advice, I'll message them. I don't want to jeopardise my 457 visa as I want to visit my parents in the uni holidays. Quote Link to comment Share on other sites More sharing options...
Bungo Posted August 23, 2016 Share Posted August 23, 2016 Thanks Bungo, but I don't want to work full time, it is a holiday job whilst I have a season over there as an overseas player before returning to UK. for uni. I just want to earn a bit for food and travelling around and socialising when I'm not playing cricket. I was was careful with my wording and was just going off what you said. A holiday or part time job is fine. A full time job could cause issues. For best comments you need to be as clear as you can be. Quote Link to comment Share on other sites More sharing options...
ben1997 Posted August 23, 2016 Author Share Posted August 23, 2016 Cheers Bungo, i can get on and book my flight. Just 1 other thing - is it ok if I'm in a different state to my dad , he's in QLD and I'm going to Adelaide? Quote Link to comment Share on other sites More sharing options...
Gbye grey sky Posted August 23, 2016 Share Posted August 23, 2016 I would imagine that if you are 18 and living and working in a different state to the primary visa holder then it will be a tough job to demonstrate that you are wholly dependent on the primary visa holder for food, shelter etc. It may be safer to get a WHV rather than jeopardise the validity of your father's 457. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted August 23, 2016 Share Posted August 23, 2016 (edited) AFAIK, you have full work rights as a dependent on a 457 visa and the only question regarding dependency would be when it eventually comes time for your father to apply for a permanent visa. Dependency doesn't get reassessed after the visa has already been granted. Edited August 23, 2016 by MaggieMay24 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted August 23, 2016 Share Posted August 23, 2016 AFAIK, you have full work rights as a dependent on a 457 visa and the only question regarding dependency would be when it eventually comes time for your father to apply for a permanent visa. Dependency doesn't get reassessed after the visa has already been granted. Indeed, once the 457 is granted the question of dependency doesn't come up again until it has to be renewed or until they go for PR. Thats when families tend tocome unstuck, when the parent goes for PR and the child has left school and got a job while on the 457 - then suddenly finds themselves visa-less as they can't get PR as a dependent. Quote Link to comment Share on other sites More sharing options...
Gbye grey sky Posted August 23, 2016 Share Posted August 23, 2016 Extract from Immi booklet for 457 visa Dependants 18 years of age or over (other than spouse or de facto partner)If you are claiming to be a dependant and you are over 18 years of age, you must provide evidencedemonstrating that you are dependent on the primary visa applicant.You must show that you are wholly or substantially reliant on the primary visa applicant for nancialsupport to meet your basic need for food, clothing and shelter, or that you are wholly or substantiallyreliant on the primary visa applicant for nancial support because you are incapacitated for work.See www.border.gov.au Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted August 23, 2016 Share Posted August 23, 2016 Some of the information on this thread may not be relevant to you, as the criteria to be classed as a "member of family unit" has many different Regulatory requirements depending on what visa is being applied for. You should obtain advice about your specific situation and most importantly what yours and your parents' future visa intentions are as this is crucial. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted August 23, 2016 Share Posted August 23, 2016 Raul is a professional agent so I'd take his advice very seriously. It sounds like it's not just a question of what you're allowed to do on your visa, but more importantly how it could affect your family's chances of remaining in Australia. So although it will cost money, it would be wise to have a consultation with an agent. Quote Link to comment Share on other sites More sharing options...
ben1997 Posted August 24, 2016 Author Share Posted August 24, 2016 Thanks everyone for your help. My dad phoned immigration in Oz and they say I can work on my 457, so all sorted. Just need to book my flight! Quote Link to comment Share on other sites More sharing options...
Guest Posted August 24, 2016 Share Posted August 24, 2016 Thanks everyone for your help. My dad phoned immigration in Oz and they say I can work on my 457, so all sorted. Just need to book my flight! Yes you can work BUT it may jeopardise any possibility of you becoming a permanent resident if that is your families intention. I know it sounds contradictory but phone advice from immigration is often wrong - you are talking to someone that works in a call centre NOT a migration expert. If your family have any intention of trying to stay after the 457 do please take independent advice from a MARA agent. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted August 24, 2016 Share Posted August 24, 2016 Thanks everyone for your help. My dad phoned immigration in Oz and they say I can work on my 457, so all sorted. Just need to book my flight! Don't trust their advice, PLEASE! When your dad phoned Immigration, he just spoke to a clerk in a call centre, not an expert. They get it wrong far too often, and we have seen SO many people follow their advice with disastrous results. I would trust Raul's opinion before theirs any day. Quote Link to comment Share on other sites More sharing options...
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