# Adding partner to 457 visa



## confused (Apr 12, 2010)

Hi guys, 

I am new to this informative site but could not fnid answers for my situation, howvere if it does exist can you please provide a link so that you can concentrate on trickier queries?!

I'll explain my odd situation as simply as possible. I am here on a 457 sponsorship visa since Sept 09, I was going out with a girl at time but was not sure how it would develop so whe was not included on the application. She had to return to the UK for work commitments but now they are complete we really want to live together here in Australia, however possible. My employer is happy to do whatever they can to help (apart from providing her with a job!) which I hope will make things easier. After speaking to the IMMI and migration agents I am getting conflicting advice so i hope you can help.

First I contacted the IMMI and presumed they would be the most accurate. They said she can be added as my partner on my 457 visa, so they just need a letter from my empoyer to say they are happy with my situation, will support her financially if she cannot find work (although i would support her myself), complete a 1066 form (like the one I completed for my visa), and $250 application fee.

This sounded too easy and too good to be true, is this possible??

I then contacted migration agencies and they told me a different story. They said we had to provide evidence of living together for at least 12 months (we have not lived together, shared bank accounts, or anything to be honest), so if this is the case I am not sure what we can do. I was hoping these were the requirements for a defacto visa or spouse visa....can anyone clarify this?

I just want to do whatever I can to get her here so that we can live and work together. She cant get a working holiday visa as she is from Hungary, a student visa would only allow her to work 20 hrs and a tourist visa has no work entitlements, and we really want to both work so that we can have as good a lifestyle as back home.

I hope someone has been through this before or can provide some advice, thanks in advance!

Confused


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## confused (Apr 12, 2010)

Any ideas? Anyone been through this? Thanks.


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## aba (Oct 29, 2009)

confused said:


> Hi guys,
> 
> I am new to this informative site but could not fnid answers for my situation, howvere if it does exist can you please provide a link so that you can concentrate on trickier queries?!
> 
> ...


This is incorrect. 
The employer has to provide a letter stating that they will support the addition of your partner to your 457 visa and accept the associated sponsorship obligations. It has nothing to do with supporting her financially.


confused said:


> This sounded too easy and too good to be true, is this possible??
> 
> I then contacted migration agencies and they told me a different story. They said we had to provide evidence of living together for at least 12 months (we have not lived together, shared bank accounts, or anything to be honest), so if this is the case I am not sure what we can do. I was hoping these were the requirements for a defacto visa or spouse visa....can anyone clarify this?


You are correct, the 12 months living together applies to a spouse visa, not a 457.
Although you do not have to be living together for 12 month to add your partner to a 457, you still need to prove that you are in a committed relationship at the exclusion of all other. I believe that this will be difficult without having lived together at all.


confused said:


> I just want to do whatever I can to get her here so that we can live and work together. She cant get a working holiday visa as she is from Hungary, a student visa would only allow her to work 20 hrs and a tourist visa has no work entitlements, and we really want to both work so that we can have as good a lifestyle as back home.
> 
> I hope someone has been through this before or can provide some advice, thanks in advance!
> 
> Confused


I can't comment on what options are available without knowing all the facts of the situation but hope I have given you some clarification.

Raul T Senise Registered Australian Migration Agent, MARA No. 0636699
Home


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## Wanderer (Jun 16, 2007)

confused said:


> Any ideas? Anyone been through this? Thanks.


I haven't been through it but in a previous conversation I've had with an Immi person, it was stated much as was told you to and as aba confirms, ie.


> First I contacted the IMMI and presumed they would be the most accurate. They said she can be added as my partner on my 457 visa, so they just need a letter from my empoyer to say they are happy with my situation, will support her financially if she cannot find work (although i would support her myself), complete a 1066 form (like the one I completed for my visa), and $250 application fee.


Though also, there was nothing said at the time re your employer financial support for a partner.

As aba also notes, the 12 months relationship proof is for partner visas which are of a permanent nature or leading to permanent residency.

There may be some requirements to show you have a relationship of some sort and if she was out here with you in Australia and then had to return for work commitments, that's a start.

I'm not aware of just how much information is required for a 457 partner visa but an application can be made online and so it should be easy enough for your Gf to go through it and see, ie.
Click on Start secondary visa application link @ Employer Sponsored Workers (e457) - Online Applications


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## tommyboy (May 13, 2010)

Thanks for the link, it has been very helpful. I am currently going through the same process of attaching my partner to my 457 visa. When we initially came to Aus almost a year ago we hadn't lived together before, so we've been accumulating joints accounts, bills, trips, pictures, etc as evidence.

As we're now ready to apply, I talked to my company's "Corporate Migration" agent, and she said the fee for application was $1750 + $260. Ouch! From what I can tell, the $1750 is purely the agency's fee, and I would _love_ to not pay that. So I followed the link above to go through the application process online, and I am at the "Lodge and Pay" point of the process. What seems odd is that it has not yet asked me to attach any of the evidence, including the letter stating support from my employer. A few questions if you don't mind:

1) When I asked the agent how long the process would take after lodging the application, she said 1 week (which sounds awfully fast??). If we go through this process without the agent, could it potentially take much longer than that, since the agent is more adept at this process? We have a trip back to the US scheduled for late July, so we'd need this to be completed by then, since my partner can't travel during the application process.

2) Is there a template for this company letter of support? It seems to be the only article I'd get from the agent that I'm not clear on how to supply otherwise.

Thanks in advance!!


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## aba (Oct 29, 2009)

tommyboy said:


> Thanks for the link, it has been very helpful. I am currently going through the same process of attaching my partner to my 457 visa. When we initially came to Aus almost a year ago we hadn't lived together before, so we've been accumulating joints accounts, bills, trips, pictures, etc as evidence.
> As we're now ready to apply, I talked to my company's "Corporate Migration" agent, and she said the fee for application was $1750 + $260. Ouch! From what I can tell, the $1750 is purely the agency's fee, and I would _love_ to not pay that.


Fees will vary considerably from agent to agent and there is no set fee as it may depend on the circumstances. As the 457 add on is usually a relatively simple application my fees for this service are considerably lower.


tommyboy said:


> So I followed the link above to go through the application process online, and I am at the "Lodge and Pay" point of the process. What seems odd is that it has not yet asked me to attach any of the evidence, including the letter stating support from my employer. A few questions if you don't mind:


You attach documents after you have lodged and paid for the application.


tommyboy said:


> 1) When I asked the agent how long the process would take after lodging the application, she said 1 week (which sounds awfully fast??). If we go through this process without the agent, could it potentially take much longer than that, since the agent is more adept at this process?


Generally this type of application will take anywhere from 1 to 4 weeks. It can take longer if the case officer needs to request further documents or information because the application has been lodged incomplete.


tommyboy said:


> We have a trip back to the US scheduled for late July, so we'd need this to be completed by then, since my partner can't travel during the application process.


Why do you say that your partner can not travel?


tommyboy said:


> 2) Is there a template for this company letter of support? It seems to be the only article I'd get from the agent that I'm not clear on how to supply otherwise.


There is no set template but the letter from the employer needs to cover specific points which are required.


tommyboy said:


> Thanks in advance!!


Hope this helps.
Raul T Senise Registered Australian Migration Agent, MARA No. 0636699 Home


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## tozzielee (Aug 24, 2010)

confused said:


> Hi guys,
> 
> I am new to this informative site but could not fnid answers for my situation, howvere if it does exist can you please provide a link so that you can concentrate on trickier queries?!
> 
> ...


Hi Confused!

Have you had any luck with adding your partner to your 457 visa?
What were the requirements that you had to undergo and obtain.

Please I am in the same situation as you and am very confused.

Thanks

tozzielee


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## gemkriz (Mar 9, 2011)

hello!

I am a filipina nurse working in saudi and my husband had his 457 visa last sept 2010 and been in sydney since that time,is he eligible to get me as his dependent for that short time that he is there?

can anyone advise me on whats the best course of action because my husband wants to put me as his dependent for his 457 visa but we dont know where to lodge the application?whether online or thru paper application,because when he went to paramatta immi office they gave him a vague answer that i have to apply in the philippines,we tried online application but we are asked regarding visa approval number OR TRN number and we really dont know where we can get or where we can see that?do we have to pay first before proceeding with the application for the partner visa online? 
really so confused 
please help


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## Wanderer (Jun 16, 2007)

gemkriz said:


> hello!
> 
> I am a filipina nurse working in saudi and my husband had his 457 visa last sept 2010 and been in sydney since that time,is he eligible to get me as his dependent for that short time that he is there?
> 
> ...


I'd say you should be able to apply online and as far as the TRN goes that'll most likely be a TRN that was established when your husband applied for the 457 for it is his visa you'll attach your secondary application to.
Your husband should check advice he received in respect to his visa and there should be a TRN and if he cannot find it, je should be able to give Immi a ring to find out what it is.


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## gemkriz (Mar 9, 2011)

thank you so much for the response,i will ask my husband to contact the immi dept in paramatta,thanks again


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## dnm1982 (Mar 30, 2011)

Hi all - very informative and it sounds like that as long you can prove the relationship then your partner can be added to the 457?

Our circumstances are similar in someways. We are both currently here on a 417 currently (been together 6 yrs and own property back in uk) and my partners employer is going to start process the 457 4 year. However my employer has also stated the intention to sponsor me also but has yet to get the ball rolling.

What I am wondering if I don't apply now to go on my partners 457 and my company in fact do not end up processing my visa, can I apply at later date to be added to my partners 457 visa? If so what would this process be - would it be to submit an online application as they did above with any relevant evidence?

I'm almost thinking its easier and safer just to be added to my partners visa now - but would it not be safer to have an independent visa? Not that either one of us should get fired (touch wood) but I've read if I'm reliant upon my partners visa and they do fire, then it would effect both parties?

Let me know your thoughts guys 

Thanks a bunch


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## Wanderer (Jun 16, 2007)

Either way you get put on as a secondary applicant to your partners 457 visa, he being the primary applicant, your visa will be dependent on his visa.
It is a pretty simple process for a secondary applicant to be added in the initial position nomination stage as application form shows - http://www.immi.gov.au/allforms/pdf/1196n.pdf
Then with your partner doing his bit as in Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457) he shows you as being his partner for a secondary visa.

If the company has not shown you as a secondary applicant in the nomination, I'd be asking why not?


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## Stillwaiting79 (May 1, 2011)

Hi Raul,

Please advise what contitutes "associated sponsorship obligations" as mentioned in your reply earlier?

"The employer has to provide a letter stating that they will support the addition of your partner to your 457 visa and accept the associated sponsorship obligations. It has nothing to do with supporting her financially."

Regards,
SW


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## About to be free (Feb 25, 2012)

*Register your relationship*

Register your relationship with the State in which you live. Its the same place you register deaths, births and marriages. It costs like $200. Read the website for the implications of this. Basically same as de facto

Then open a joint bank account immediately. Start depositing money into it. And start debitting bills off of it.

Collect all emails from all the years

Write a statutory declaration saying that you've been together for however long

Collect all photos

Get a friend each to write a letter confirming how long s/he has known you as a couple

Supply all this information as part of your application to put your partner as a dependent on your 457. She will have no restrictions on where she can work. She will have all the rights of other holders of 457

Gina


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## LilyBilly (Apr 23, 2012)

*Looking for a little clarity*



dnm1982 said:


> Hi all - very informative and it sounds like that as long you can prove the relationship then your partner can be added to the 457?
> 
> Our circumstances are similar in someways. We are both currently here on a 417 currently (been together 6 yrs and own property back in uk) and my partners employer is going to start process the 457 4 year. However my employer has also stated the intention to sponsor me also but has yet to get the ball rolling.
> 
> ...


Hi,

I wonder if you could help me. I've been reading through all the comments but I don't 100% understand.

My situation is as follows:

My boyfriend is getting sponsored by his job and his application process has begun
My job has offered to sponsor me but I'm unsure if it will go ahead in time, before my visa expires

If my boyfriends sponsorship is confirmed/accepted and I am still on my 417 visa can I be added onto his visa (de facto) after all his paperwork has already been processed!? I'm just worried about one of us losing a job so that is why separate visas would be ideal.

If anyone could help out that would be great.


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## steevg (Sep 3, 2012)

Not that I'm an expert in this field, but when we had issue's with immigration for my mother, we sought the advice of an immigration lawyer, as opposed to an immigration consultant. In one session he managed to provide accurate and current advice which allowed us to make an informed decision.

Google for "Australian Immigration lawyer", and you should get some good results.

(Someone like: Australian Immigration Lawyers. | Australia's most experienced lawyers Immigration Lawyers. should be able to help)


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## mootumbo (Dec 11, 2012)

This thread has been very helpful to me and I thank you! My situation is almost identical but I have a question. My girlfriend is here on a employee sponsored 457 and is eligible to apply for her PR this month. We have been living together for 2 months (in australia) now with both names on the lease and have a shared bank account and car and are waiting until we have 6 months living together before I apply to go under her 457. 

I'm in Australia on a tourist visa and have extended it to 6 months which will be the exact day we will have are 6 months proof of de facto. 

Question: If I apply on the day my tourist visa expires from with the country will I receive a bridging visa until the decision is made? or do I have to leave the country because my 6 month tourist visa is up?


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