Kareng638 Posted January 5, 2015 Share Posted January 5, 2015 Hi Guys, Can I ask, I have been offered a 457 visa and am due to to move out on the 23rd. Because my fiance had to renew his passport, they advised me to go ahead with my application on a sole basis and then when he had his passport for his to then apply as my fiance. We were hoping that he would be able to come and join me in about 6 months time. Is this not the case? (subject to approval) as this would have played a major part of my decision to uproot and move to the other side of the world? Any advice gratefully received... everything has happened so fast... in a bit of a spin. For clarity we have been together 6 years and engaged for 3. Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 5, 2015 Share Posted January 5, 2015 The advice you've been given is accurate. If he gets his passport and is added to your application before your 457 is granted, he will get his visa at the same time as you get yours. If he must apply as a subsequent entrant after your visa is granted, it would be unlikely to take longer than 2 or 3 months to get his visa. He can only be included or added if you are legally married or have lived together in a marriage-like de facto relationship for at least 6 months. Are you aware that your employer MUST agree in writing for your fiancé to be included as a secondary or subsequent applicant on your 457? If you haven't already done so, make sure they are willing for him to be included before you go much further. Link to comment Share on other sites More sharing options...
globetrotters2014 Posted January 5, 2015 Share Posted January 5, 2015 I had my spouse and kids added to my 457 a year after I'd started working in Oz and like 'Ozmaniac' stated, it's generally straight forward so long as your employer puts it in writing. Link to comment Share on other sites More sharing options...
Kareng638 Posted January 5, 2015 Author Share Posted January 5, 2015 Thank you so much, On my original application I listed him down as being included and my new employer knows that he is joining me (and the dog!). Following reading of this post, I looked on the DIPB and would his then be classed as a seperate 309 or as part of my 457... sorry, so confusing and my MA isn't back until 9th Jan to ask. Ernst & Young in Brisbane are dealing with my 457 as appointed by my nominated employer. Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 5, 2015 Share Posted January 5, 2015 309s are offshore Partner visas and the only people who can apply for them are the partners of Australian citizens and PRs. You are neither a citizen nor a PR so he is not eligible for a 309. He must be included either as a secondary applicant on your 457 application (if he gets his new passport before your 457 is granted), or he must lodge a 457 Subsequent Entrant application. If you apply for a 457 before he gets his new passport, and then want to include him before your visa is granted, you submit a Change of Circumstances Form 1022 to tell DIBP that you wish him to be added. http://www.immi.gov.au/Services/Pages/employer-sponsored-workers-online-applications.aspx http://www.immi.gov.au/allforms/pdf/1022.pdf Form 1022 Link to comment Share on other sites More sharing options...
globetrotters2014 Posted January 6, 2015 Share Posted January 6, 2015 When we did ours, my wife was granted a 457 as well. Link to comment Share on other sites More sharing options...
awelter Posted January 6, 2015 Share Posted January 6, 2015 309s are offshore Partner visas and the only people who can apply for them are the partners of Australian citizens and PRs. You are neither a citizen nor a PR so he is not eligible for a 309. He must be included either as a secondary applicant on your 457 application (if he gets his new passport before your 457 is granted), or he must lodge a 457 Subsequent Entrant application. If you apply for a 457 before he gets his new passport, and then want to include him before your visa is granted, you submit a Change of Circumstances Form 1022 to tell DIBP that you wish him to be added. http://www.immi.gov.au/Services/Pages/employer-sponsored-workers-online-applications.aspx http://www.immi.gov.au/allforms/pdf/1022.pdf Form 1022 Partners cannot be added to pending temporary visa applications. However, in general (not in all cases), partners can lodge a separate visa application which means they have to pay a full visa application fee (not the usually reduced additional applicant charge). In case of 457 visa, those charges are the same so it doesn't make much difference. For adding dependant children to pending temporary visa applications - see Regulation 2.08B or 2.08 for a newborn child. Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 6, 2015 Share Posted January 6, 2015 Partners cannot be added to pending temporary visa applications. However, in general (not in all cases), partners can lodge a separate visa application which means they have to pay a full visa application fee (not the usually reduced additional applicant charge). In case of 457 visa, those charges are the same so it doesn't make much difference. For adding dependant children to pending temporary visa applications - see Regulation 2.08B or 2.08 for a newborn child. Thanks for that. I didn't realise that a partner couldn't be added to a pending 457 application. So OP, just have him lodge a Subsequent Entrant application. Link to comment Share on other sites More sharing options...
Kareng638 Posted January 14, 2015 Author Share Posted January 14, 2015 Hi, sorry it's been a delayed response, thank you for all the information. I am still waiting for confirmation of my 457 visa and was meant to be flying next Friday (tense is not the word, although I have not booked my flight yet - not that daft). My sponsored employer has now confirmed that they are happy for my OH to be added at a later stage as a dependant on my 457 visa and will provide me with a letter to confirm/submit at time of application. We will apply for this in March with a view to him joining me in July. My other concerns are the following: Although we have been together for six years and engaged for three, there is little evidence in terms of the usual things they ask for. We have joint Council Tax bills for the last 2 years, but all other bills go straight from his account and I just transfer money every month to him (even the phone bill/sky/water/gas/electric etc) He owns the house we currently live in so it was just easier than contacting each of the utility providers from the beginning of our relationship. The only other thing we have is a multi car insurance policy where we are both named and obviously at the same address. Because we have both been in relationships where we have been 'stung' before, it was mutually agreed at the start of our relationship that we would keep our financial affairs seperate. I am not named on the mortgage but have lived with him for 4 years as his common-law wife. We of course have the usual facebook evidence, if they care to check it, but I am worried that we will not have sufficient 'official' evidence to fulfil the evidence part of our relationship. Any advice gratefully received...this job offer came out of the blue and from interview to me leaving has literally been just over 3 months, otherwise I would have planned and got things changed previously. Also, I am trying to find costs to add him as a dependant on the immigration website but struggling, can anyone direct me to the right place. Help.... feel like I'm losing my marbles! Link to comment Share on other sites More sharing options...
vickyplum Posted January 14, 2015 Share Posted January 14, 2015 For evidence of shared finances, give examples of where you've transferred money to his account and paid for things you've both been a part of. You'll have to print/copy bank statements and mark them up accordingly. Also, show examples of correspondence addressed to you as individuals at the same address. Also any joint invites to big events like weddings. I don't think they are interested in Facebook stuff - its the shared finances/commitments etc. There's nothing wrong with separate finances. No real need for a joint account in these days of almost instant internet-based transfers. Have you got joint flight bookings for holidays etc? Did you have an engagement party and invite your friends? Can you ask any of your friends or family to write a statutory declaration re your relationship and get it signed by an authorised person? Link to comment Share on other sites More sharing options...
Kareng638 Posted January 14, 2015 Author Share Posted January 14, 2015 Thanks Vicky, I will have a dig about, ironically I have binned wedding invites etc with clearing out in preparation to go. Never thought that could be evidence. We didn't have an engagement party but am sure I'll be able to sort something else out if that is the case. Am I right in thinking it is only 6 months I have to prove anyway? Thanks Karen Link to comment Share on other sites More sharing options...
vickyplum Posted January 14, 2015 Share Posted January 14, 2015 Thanks Vicky, I will have a dig about, ironically I have binned wedding invites etc with clearing out in preparation to go. Never thought that could be evidence. We didn't have an engagement party but am sure I'll be able to sort something else out if that is the case. Am I right in thinking it is only 6 months I have to prove anyway? ThanksKaren I provided a year's worth of info, but I'm on a different visa to you, so can't say for sure. Has your agent provided any guidance on what's expected? Link to comment Share on other sites More sharing options...
engaus Posted January 14, 2015 Share Posted January 14, 2015 Thanks Vicky, I will have a dig about, ironically I have binned wedding invites etc with clearing out in preparation to go. Never thought that could be evidence. We didn't have an engagement party but am sure I'll be able to sort something else out if that is the case. Am I right in thinking it is only 6 months I have to prove anyway? ThanksKaren People on 457's need to supply 6 months of solid evidence. Link to comment Share on other sites More sharing options...
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