Nelliwoo Posted March 3, 2022 Share Posted March 3, 2022 Hi all I am hoping someone might be able to help with this query... I have a friend who came to Oz on the back of her husbands 457 Visa. They have been in Australia now for 7 years. However, they have been living separate lives for a while and have both met other partners. Is there a way of coming off the 457 visa and onto a partner visa (defacto) without having to leave Australia? Has anyone else experienced this situation? I am hoping to reassure her that there is a way, so any professional advice would be welcomed. Thanks. Quote Link to comment Share on other sites More sharing options...
Quoll Posted March 3, 2022 Share Posted March 3, 2022 She really needs to get professional advice from a registered agent. She should have notified Immigration when her circumstances changed so she could be in trouble for that - they both could be in breach of their agreement. If she is aiming for a spouse visa with someone else it will obviously have been quite a long separation from her husband. Quote Link to comment Share on other sites More sharing options...
Nelliwoo Posted March 3, 2022 Author Share Posted March 3, 2022 Thanks for your response. Yes, I've advised her to get some professional advice, I was just wondering if anyone on here might have been in a similar circumstance. I'm not sure of the amount of time they have been separated. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 3, 2022 Share Posted March 3, 2022 (edited) 1 hour ago, Nelliwoo said: Hi all I am hoping someone might be able to help with this query... I have a friend who came to Oz on the back of her husbands 457 Visa. They have been in Australia now for 7 years. However, they have been living separate lives for a while and have both met other partners. Is there a way of coming off the 457 visa and onto a partner visa (defacto) without having to leave Australia? Why are they still on a 457 visa after seven years? Under the rules of a 457, they should have notified Immigration as soon as they separated. The wife is now living in Australia illegally as she is no longer the partner of a 457 visa holder. If she applies for a partner visa now, she will have to reveal that she left her husband more than a year ago, and then she will be in big trouble. She could get deported and be banned from Australia. She must get help from a registered migration agent urgently. Try Go Matilda or Suncoast Migration. Edited March 3, 2022 by Marisawright 1 Quote Link to comment Share on other sites More sharing options...
Nelliwoo Posted March 3, 2022 Author Share Posted March 3, 2022 You can be sponsored on a 457 (or equivalent) as many times as required. You don't have to be PR. Maybe there is a reason why they are still on a 457 visa. I will advise her to get some professional help. Apparently you can be separated on a 457 visa if there are children involved and if you are not divorced. Thank you for your response. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 3, 2022 Share Posted March 3, 2022 16 minutes ago, Nelliwoo said: You can be sponsored on a 457 (or equivalent) as many times as required. Ah yes I had forgotten that. It's not like the 482. 17 minutes ago, Nelliwoo said: Apparently you can be separated on a 457 visa if there are children involved and if you are not divorced. I believe that is possible but only if they went through the correct procedures at the time of separation. It's not automatic. If you do it without Immigration's approval, you are committing visa fraud. 1 Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.