457 Visa News - Adding Dependents to the 457

[SOMV]

This is from the DIAC website, and it's about a change that will kick in on the 28th of March:

 

From 28 March 2009...certain secondary holders of a Subclass 457 (Business (Long Stay)) visa will, in a subsequent Subclass 457 visa application, continue to be the member of the family unit (MFU) of a primary holder of a Subclass 457 visa, or dependent child of an interdependent partner of a primary holder of a Subclass 457 visa. Such holders, if they satisfy the requirements described below, will not have to satisfy the general MFU and dependent child of interdependent partner requirements.

 

To be eligible for the MFU extension, the person must have been granted their initial Subclass 457 visa on the basis that they were the MFU (other than a spouse) of the primary Subclass 457 visa holder. In addition, at the time of decision on the subsequent Subclass 457 visa application the person must:

 

* be under the age of 21; and

* not be the spouse or interdependent partner of another person.

 

A person who was granted an initial Subclass 457 visa on the basis that they were:

 

* a dependent child of the spouse of a primary Subclass 457 visa holder;

* a dependent child of a dependent child of the spouse of a primary Subclass 457 visa holder;

* a relative of the spouse of the primary Subclass 457 visa holder; or

* a dependent child of an interdependent partner of a primary Subclass 457 visa holder;

will not be able to satisfy the new requirements if the spousal or interdependent relationship is no longer in existence at time of decision on the subsequent Subclass 457 visa application.

 

Visas granted under the new circumstances will cease to be in effect on either the end of the visa in effect period, or the day before the holder’s 21st birthday, depending on which event occurs earliest.....

 

The amendments apply to applications for visas made on or after 28 March 2009 and applications made, but not finally determined before 28 March 2009.

 

Forms: Form 1066 will be amended to reflect these changes.

What this means is that as long as they are under 21, and not in a spousal or interdependent relationship, and the relationship between the main applicant and parent of the dependent still exists, then dependents who were part of an initial 457 visa application will not have to prove that they are still a dependent in a subsequent 457 visa application.

 

It also means that subsequent 457 visas will only be valid up to a dependent's 21st birthday!

 

Cheers,

Veronika