457 Dependant Visa

[Chillers]

Hi all,

 

I came out to Australia about 2.5 years back on a sponsorship, unfortunately it fell through and I was declined i did however appeal this decision which has given me time to look at other alternatives. In that time I have met my girlfriend who is also out here on a 457 Sponsorship, we have moved in together and have been transferring rent from each of our own accounts into one joint account which our rent is paid from. We have lived together for nearly a year (that we can prove) and have been gathering evidence of holidays, cards, gifts and pictures etc.

 

As I understand it if I was to be added onto her already existing 457 visa this would be called a 457 Dependant?

 

A few things that i have been made aware of but i'm not 100% accurate on is: As I am currently on an appeal and on a bridging visa i must leave the country in order to lodge a 457 Dependant visa, I am however allowed to fly back to await the decision. If you believe this to be wrong please let me know.

 

Here is a list of the things that I will need:

 

 

• A letter from her work place acknowledging me as an addition to her 457 Sponsorship.
  
• Proof of at least 12 months that we are in a long term and committed relationship
  
• Banks statements from all our accounts,
  
• Proof of holidays
  
• Gift Cards to one another
  
• Pictures of us together.
  
• Car insurance documents naming me as nominated driver of her vehicle.
  
• Proof of health cover
  

 

 

 

Is there anything that I'm missing that I could add as I've not had much luck with visa's the past couple of years.

 

Will I also need a medical and will i need to provide a CRB check?

 

 

 

Thanks in advance.

[blossom]

What visa are you going to come back in on?

 

I'd try to get a bit more documentation of you at that address. Tax returns etc.

[Ozmaniac]

You're presumably on a Bridging visa E and if that's the case, your BV will be cancelled if you leave Australia and you will have to get some other visa to enable you to re-enter the country. BVEs have no travel rights and no eligibility for a Bridging visa B which is the only BV with travel rights. Further, you may not be able be able to get a visa that will allow you to wait until your application has been processed. I believe you would probably need to wait offshore until the 457 dependent visa is granted.

 

You only need 6 months de facto evidence for a 457.

[Chillers]

What visa are you going to come back in on?

 

I'd try to get a bit more documentation of you at that address. Tax returns etc.

 

I imagine it would be a bridging visa (the same as what im on now), an immigration lawyer advised me of this information. The main issue is that this bridging visa only allows for one application to be processed as a time so i would have to leave and re-enter under a different bridging visa. As for tax returns to this address that's not possible as I am currently unable to work as-per conditions of my current bridging visa and i'm also not on the lease as proof of income was required and with the rental market already being a nightmare in Sydney we could not risk me being added in fear of us not getting an apartment but we do have a the joint account and proof of rent payments. Another thing i forgot to mention is that we both have our names on Internet, Telstra, gas and Electricity bills.

 

My situation is a very peculiar one.

[Chillers]

You're presumably on a Bridging visa E and if that's the case, your BV will be cancelled if you leave Australia and you will have to get some other visa to enable you to re-enter the country. BVEs have no travel rights and no eligibility for a Bridging visa B which is the only BV with travel rights. Further, you may not be able be able to get a visa that will allow you to wait until your applicatioi n has been processed. I believe you would probably need to wait offshore until the 457 dependent visa is granted.

 

You only need 6 months de facto evidence for a 457.

 

I've been on so many bridging visa's including a BVB for when i flew back to the UK last year that i've actually forgotten which BV i'm on, i've read the description of the BVE and seems to be correct. Although the current average wait time for the MRT is 2.5 years. You are also correct about being unable to travel, work and everything else.

 

From what i've been told by my immigration lawyer I will be able to re-enter and await the decision whether this be by bridging visa or tourist visa, i don't know. I was also aware of the 6 months but i wanted to be over the top on evidence to eliminate the risk of being refused again. I'm keen not to remain off shore as i will be flying to NZ and lodging the application there, i'm hoping that it shouldn't take more than a week to get everything approved (BV that is), although i'm sure it would make way for a nice holiday.

[lebourvellec]

As far as I'm aware any one that has a section 48 bar on applying for an onshore visa due to cancellation of refusal needs to wait offshore for a decision to be made.

 

Was as it a 457 sponsorship that you had that fell through? Tbh your wasting your time waiting on the MRT and really should have been more proactive in finding another sponsor or going for PR.

 

Very unlikely that you would be granted a tourist visa if you left on BEV unless you had a MRT date and was returning for it. Even if you did get back in to Australia to await the decision I think you also need to be offshore for the grant.

 

You out and your girlfriend should look in to getting PR rather than the 457 visa, as you could both end up in the same situation if she lost her sponsor.

[Chillers]

As far as I'm aware any one that has a section 48 bar on applying for an onshore visa due to cancellation of refusal needs to wait offshore for a decision to be made.

 

Was as it a 457 sponsorship that you had that fell through? Tbh your wasting your time waiting on the MRT and really should have been more proactive in finding another sponsor or going for PR.

 

Very unlikely that you would be granted a tourist visa if you left on BEV unless you had a MRT date and was returning for it. Even if you did get back in to Australia to await the decision I think you also need to be offshore for the grant.

 

You out and your girlfriend should look in to getting PR rather than the 457 visa, as you could both end up in the same situation if she lost her sponsor.

 

Well my intention was not to wait for the MRT it was to delay me having to leaving the country and leaving my gf in a predicament. She won't be eligible for PR until March, i was hoping to get my visa sorted prior to the end of our lease in January so we can sign a another year without any concern of me having to leave. My intention is to leave and nullify the MRT and re-apply for the 457 Dependant/Secondary whilst out the country. The immigration lawyer i discussed it with said it would be able to re-enter the country to await the decision as to what visa i would have re-enter on, I do not know.

[lebourvellec]

Well my intention was not to wait for the MRT it was to delay me having to leaving the country and leaving my gf in a predicament. She won't be eligible for PR until March, i was hoping to get my visa sorted prior to the end of our lease in January so we can sign a another year without any concern of me having to leave. My intention is to leave and nullify the MRT and re-apply for the 457 Dependant/Secondary whilst out the country. The immigration lawyer i discussed it with said it would be able to re-enter the country to await the decision as to what visa i would have re-enter on, I do not know.

your gf is eligible for PR at anytime if she meets the requirements, there is a myth that after 2 years on a 457 visa you are now eligible for PR, the only thing this avoids is the need for a Skills assessment for the 186 visa. With a positive skills assessment an employer can sponsor at anytime for PR through direct entry. But then again there is no requirement for an employer to sponsor for PR after 2 years if they don't want to.

 

Either of you should look to see if you are eligible for 189/190 visas.

 

Have you tried to get your BVE changed to BVA by claiming hardship, so you can get working rights?

[Chillers]

your gf is eligible for PR at anytime if she meets the requirements, there is a myth that after 2 years on a 457 visa you are now eligible for PR, the only thing this avoids is the need for a Skills assessment for the 186 visa. With a positive skills assessment an employer can sponsor at anytime for PR through direct entry. But then again there is no requirement for an employer to sponsor for PR after 2 years if they don't want to.

 

Either of you should look to see if you are eligible for 189/190 visas.

 

Have you tried to get your BVE changed to BVA by claiming hardship, so you can get working rights?

 

Thanks for the information i'll discuss it with her and she'll have to discuss this issue with her employer i'm hoping that they will allow us to use their own migration agent. She's a nurse so i'm guessing she will likely meet the requirements i'm not sure where this would put her on the grounds of skills assessment as she clearly has the skills.

 

As for applying for the BVA i have also discussed this with the lawyer and he mentioned that as i would be applying for a dependant visa down the line that they would take into account my girlfriends income and savings and this would likely effect the chance of me getting a BVA approved. It's hard to know what to do, i just can't wait till the day comes when i don't have to worry if i'll be asked to leave the country tomorrow.