Jerter Posted April 17, 2017 Share Posted April 17, 2017 (edited) Hi, My wife and I moved to Australia in September 2015 after being relocated to Melbourne with her organisation. We are currently sponsored by her organisation on a 457 visa. She is the primary visa holder and I am on a spouse visa. We have been married for 2.5 years. Unfortunately our relationship has broken down. I have moved out of our rented apartment and have been staying with friends for the past 2 weeks. I don't believe that we will be able to reconcile our relationship and the relationship had been rocky for a number of months prior. Can anyone give me advice on what my rights are as a spousal visa holder under the 457 stream? Thanks for your help. Paul. Edited April 17, 2017 by Jerter Spelling. Quote Link to comment Share on other sites More sharing options...
AJ Posted April 17, 2017 Share Posted April 17, 2017 I dont think you have much. You should have both informed immigration as you should not be on her visa anymore. I dont know if you get the 60 days notice to leave the country. Have you tried getting sponsored on your own? Quote Link to comment Share on other sites More sharing options...
Nemesis Posted April 17, 2017 Share Posted April 17, 2017 (edited) You can't be on a Spouse Visa if she is on a 457. She could only have sponsored you for a Spouse Visa if she had a PR visa (or citizenship). What you hold is a 457 visa, granted as her dependent. without the relationship you have no right to the visa and unless you can sort out another one in your own right quickly you will need to leave. I suggest you contact an agent asap to work out whether there is a way for you to stay. Is your skill on the SOL or CSOL? Edited April 17, 2017 by Nemesis 1 Quote Link to comment Share on other sites More sharing options...
Beffers Posted April 18, 2017 Share Posted April 18, 2017 You need to act quickly and get advice from a migration agent. This happened to a friend of mine a couple of years ago. He informed them, they wrote to her, she confirmed their relationship had broke down 6 weeks prior to his notification and he was given 28 days to leave Australia (or overstay and face a 3 year ban). His own job wasn't on a skills list and so he had to leave within that 28 days. He was advised if he had another visa application pending, that he could apply for a bringing visa. His own firm couldnt offer him 457 in his own name, and he wasn't on a skills list so he had no alternative but to leave. Make sure you let the DIBP know as technically it's classed as fraud if they're not advised. That's what they told my mate. Speak to an Agent to look at your options. Quote Link to comment Share on other sites More sharing options...
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