Am I eligible to join my partners 457 visa?

[Chillers]

Hi all,

 

I've see this question asked a few times however there seems to be a lot of different responses on the subject.

 

I have recently been holidaying out in Australia for the past 6 months and just 3 months ago met my girlfriend who is currently out here on a 457 visa as a nurse. We have no proof of living together or legal documents linking the only thing we do have is bookings on a Holiday together a month back.

 

My visa is due to expire on Aug 7th however we would like to continue our relationship and was looking into different routes of allowing me to stay.

 

Am I eligible to go onto her 457 visa? Any help would be much appreciated.

 

A few things i've read but unsure about and not sure if they are true or not can i get confirmation?

 

 

• Her company will need to write a letter stating they are happy for me to be added on her sponsorship
  
• If we register our relationship this will void the 12 months needed to be together as a defacto
  
• Going onto your partners 457 visa does not require you to be together for 12 months?
  

 

[gumster]

We are in the process of applying for 457 & we are having to prove that we have been living together for the last 12mths. We have gathered things like a utility bill with both our names on it, our car insurance cert with both of us on, a receipt for a car my partner bought for me, joint activities like the gym we joined together, receipts for household goods he bought with our address on, photos of us both at various stages of the relationship, our booking receipt for our wedding planned for dec in las Vagas & my partners business & bank accounts are registered at my address. So the paper trail is quite extensive because we don't have joint mortgage or bank account.

 

I'm not sure whether someone can be added to a 457 visa retrospectively though as your girlfriend is already the holder of the existing visa.? Sorry

[blossom]

For the 457 visa it is only 6 months cohabiting.

 

I'm not sure about the registering relationship as I've only seen that spoken about in terms of the actual defacto visa, not for dependants.

 

I would contact an agent for advice on this one.

[lebourvellec]

From what you have posted - no you would not be able to be added as secondary applicant on her 457 visa.

 

457 requires at least 6 months in a defacto relationship - dating is not defacto relationship.

 

Registering relationship will waiver the 12 month requirement for a partner visa, but this is not evidence alone of a relationship and would still need to provide evidence the relationship is genuine and continuing.

 

Her sponsor requires to also agree to sponsor you as a secondary applicant if they refuse you can not be added.

[clairebear82]

Unfortunately its unlikely - sorry.

Here's an extract from the 457 visa FAQs that my agent sent when I was going through the process 6 months ago. The 457 rules have changed recently, but I'm pretty sure the de facto principles are the same - but may be worth contacting an agent to check

 

What if I am living with, but not married to, my partner?

Australian immigration law recognises de facto or common law partners — that is

couples, including same sex couples, who are living together in a marriage-like

relationship but who are not legally married. In order for your de facto partner to

obtain a visa on the basis of your relationship you will need to provide evidence

that you are living together and that you are regarded as a couple.

 

Generally, you will need to show that you have lived together for the last six

months. The types of evidence can include:



rent receipts, lease or property ownership documents in joint names and

utility bills — such as for electricity or gas — in both names or for each of you

at the same address;

 



bank statements in both names showing that the account is used regularly;



receipts for major purchases in both names;



records of joint assets or liabilities;



mutual wills or insurance policies;



joint memberships of organizations;



photographs taken at family or social situations or on holiday and evidence of

joint travel detailed statements or statutory declarations about the

 

relationship by you and your partner; and/or

 



any other documentary evidence that demonstrates that you are a couple.

[Tickled Pink]

I'm afraid that dating is not quite the same as a de facto relationship. The latter is essentially a marriage in all but paper - this includes, as others have already mentioned, proof of financial and considerable emotional ties. Meeting three months ago and starting a relationship from that point is not likely to convince immigration to grant you spouse rights I'm afraid.

[Chillers]

Thanks for all your comments my next question is.. If i was to leave the country and come back in a further few months would they recognise that even though we had been apart we are in a long relationship providing we can supply evidence as such.

[Tickled Pink]

That is a possibility, and I know other people have been granted de facto spouse status while not living together. But you will need to do more than simply continue 'going out', you need to take steps so that you are able to provide the evidence required. Things like a joint bank account, that you both are using, and paying money into etc. Life insurance policies, wills leaving everything to each other etc. As well as phone call records spanning a more extended period, letters, or emails, invites to you both - maybe some stat decs once you have been together long enough to make one hold water.

 

I think the biggest thing is a) not being tempted to over stay your visa - some have done this, and it will not lead to a solution you will be happy with.... b) figure out how you can develop a more proven on-going relationship.

 

At the end of the day, whilst it may not happen this month or next, if your relationship is truly enduring, you will more than likely find a way to make it happen. It certainly isn't impossible, just there isn't a short term fix.

[Raul Senise]

Hi all,

 

I've see this question asked a few times however there seems to be a lot of different responses on the subject.

 

I have recently been holidaying out in Australia for the past 6 months and just 3 months ago met my girlfriend who is currently out here on a 457 visa as a nurse. We have no proof of living together or legal documents linking the only thing we do have is bookings on a Holiday together a month back.

 

My visa is due to expire on Aug 7th however we would like to continue our relationship and was looking into different routes of allowing me to stay.

 

Am I eligible to go onto her 457 visa? Any help would be much appreciated.

 

Based on the above, no.

 

A few things i've read but unsure about and not sure if they are true or not can i get confirmation?

· Her company will need to write a letter stating they are happy for me to be added on her sponsorship

Correct.

·

If we register our relationship this will void the 12 months needed to be together as a defacto

Yes, but you will still need to evidence a genuine and ongoing relationship.

·

Going onto your partners 457 visa does not require you to be together for 12 months?

Correct, but there is a difference between “being together” and cohabiting in a de facto relationship.