Kitty33 Posted August 15, 2012 Share Posted August 15, 2012 Myself and husband have 2 year contracts to start work in January and are both being sponsered for 457 visas individually (we have only recently married and are aware that spousal visas take longer to get and require lots of evidence..) I have a theoretical question.... if I were to get pregnant during the 2 year contract (not that this is at all planned) what would happen when I went on mat leave? My contract has no allowance for this as I would be working as an 'independent contractor' my concern is that I would go on mat leave and employer would give me my 28 days to find another sponser (which clearly wouldn't happen!) and I'd have to leave! Is it possible to transfer to a spousal 457 visa once you're in Australia if you already have your own 457? Or are we better off doing he spousal visa now so I don't have to worry about the potential problems? Would be really grateful of any advice or if anyone has been through the same situation it would be lovely to hear your experiences, Thank you!!! Link to comment Share on other sites More sharing options...
Rupert Posted August 15, 2012 Share Posted August 15, 2012 Myself and husband have 2 year contracts to start work in January and are both being sponsered for 457 visas individually (we have only recently married and are aware that spousal visas take longer to get and require lots of evidence..) You are not applying for a "spousal visa", that is something entirely different. You would simply be added onto your husband's 457 application and as you are married I would not expect too much trouble at all. I have a theoretical question.... if I were to get pregnant during the 2 year contract (not that this is at all planned) what would happen when I went on mat leave? My contract has no allowance for this as I would be working as an 'independent contractor' my concern is that I would go on mat leave and employer would give me my 28 days to find another sponser (which clearly wouldn't happen!) and I'd have to leave! I am not sure how you can be on a 457 visa but be an "independent contractor" at the same time. Isn't your sponsor your employer? In which case you are entitled to the same maternity leave rights as anyone else. Is it possible to transfer to a spousal 457 visa once you're in Australia if you already have your own 457? Or are we better off doing he spousal visa now so I don't have to worry about the potential problems? Definitely possible to add yourself to your husband's 457 visa at a later stage, assuming the employer is agreeable. As I mention though, this is not a "spousal visa" application, it is an addition to 457 visa application. Link to comment Share on other sites More sharing options...
Kitty33 Posted August 15, 2012 Author Share Posted August 15, 2012 Thank you Rupert! Feel much happier already, will check with employer about the mat leave issue and see what they say. What I meant was going as a spouse on my husbands 457 visa which can apparently take longer than having my own sponsered 457. thanks again Link to comment Share on other sites More sharing options...
Rupert Posted August 15, 2012 Share Posted August 15, 2012 Thank you Rupert! Feel much happier already, will check with employer about the mat leave issue and see what they say. What I meant was going as a spouse on my husbands 457 visa which can apparently take longer than having my own sponsered 457. thanks again No not at all. Who knows which visa would be processed quicker, his or yours, it is a toss up. Link to comment Share on other sites More sharing options...
blossom Posted August 15, 2012 Share Posted August 15, 2012 Thank you Rupert! Feel much happier already, will check with employer about the mat leave issue and see what they say. What I meant was going as a spouse on my husbands 457 visa which can apparently take longer than having my own sponsered 457. thanks again It is part of the 457 visa conditions that you work full time. I can't imagin maternity leave would fit in well with the visa. Definatly just get yourself added to your husbands visa. Link to comment Share on other sites More sharing options...
Rupert Posted August 15, 2012 Share Posted August 15, 2012 It is part of the 457 visa conditions that you work full time. I can't imagin maternity leave would fit in well with the visa. Definatly just get yourself added to your husbands visa. I agree it might be easier, but someone on a 457 visa is entitled to the same maternity leave as anyone else. http://www.immi.gov.au/skills/skillselect/index/visas/subclass-457/ Link to comment Share on other sites More sharing options...
Tickled Pink Posted August 15, 2012 Share Posted August 15, 2012 Being a spouse on a 457 doesn't mean that the visa takes longer to process at all and being married will make it a straight forward application, you just include your certificate when you submit the application. Link to comment Share on other sites More sharing options...
Freckleface Posted August 15, 2012 Share Posted August 15, 2012 As an employer my reaction would depend on how much Matt leave you wanted to take and whether or not I thought you had used me. Link to comment Share on other sites More sharing options...
Kitty33 Posted August 15, 2012 Author Share Posted August 15, 2012 Thanks everyone, I think we'll go for adding me onto his visa, I will be working full time but don't want the stress of having to swap things over when we're out there just in case! Link to comment Share on other sites More sharing options...
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