# My boyfriend is going on sponsored visa 457 - I'm not qualified for de facto



## karolinew (Jun 12, 2013)

Hi!

I've been searching around here for a while and learnt a lot about visas, but as it is all very overwhelming with lots of options and rules, law, etc, I thought it might be best to ask some of you "experts" about my best visa option.

I'll try to be short. My boyfriend has been offered a job in Sydney on 457 visa for 1-2 years from November. They offered us to sponsor me as well, but we do not meet the requirements as a de facto couple as we do not live together, simply because we have only been together for 9 months and we have both tenancy contracts on flats with other people. Although, we have been together for 12 months in September, so that means 14 months by the time we'll go to Sydney in November. But as I said, it is already clarified that we do not meet the de facto requirement, so we have to look for other visa options for me. I can mention that we are planning to live together in Sydney.

Me in short:

- Norwegian citizen
- 22 years old
- Been in relationship for 12 months in September, however not lived together
- Have a degree in Journalism and will graduate with MA in Public Relations in September, which means I will obviously look for a job in the Public Relations/Communications industry, which also means I'm not qualified for "skilled workers" as far as I know. 

Boyfriend:

- British citizen
- Sponsored visa 457
- Gonna work in Sydney in 1-2 years from November this year

So what do you think is the best visa option for me? I have been looking at Working Holiday, but it seems like I can only work one place for 6 months a time, which seems a bit stressful. Is is possible though that I can work somewhere for 6 months and hopefully someone will sponsor me, even though I'm not qualified for skilled workers visa?

Another option might also be the WHV, and me and my boyfriend will live together those 12 months, and then I can apply on being on his 457 visa as well? But then again, my WHV will last exactly 12 months, and I assume I can only apply for his 457 AFTER 12 months. What do you think guys? What I basically want is to be able to go with my boyfriend, find a decent job related to my degrees and stay there for 1-2 years like he will.

Thanks for all comments and help!


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## kmarees1986 (Apr 23, 2012)

Hi Karoline,

WHV is the best option for you. Student visa might work gor you also and finally its slightly possible you might get a 12month tourist visa but you'd need about $12000 min in the bank and you cant work.

The thing with the WHV is that its only for 12 months and to get the 2nd year you need to do a stint doing specialised remote work.

Because your partner isnt an Australian citizen he cant sponsor you for any other kind of visa so i'm afraid these are your only options.


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## karolinew (Jun 12, 2013)

Hi, thanks for your reply.

So WHV is the best option, but there is no other option after those 12 months, such as applying for being on his visa as secondary after 12 months, or I can be sponsored myself if I have a job that is willing to do so? 

About student visa, I'll assume that means I have to study as well. I have considered it, but as I already got Bachelor's and soon Master's degree, I'll prefer to start working rather than study more. 

Anyway, so there is no other option to stay further than those 12 months on other visa (visa I can work on, as being in Sydney as a tourist for x number of months is not really an option for me) ?

Again, thanks for any comments and help!


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## CollegeGirl (Nov 10, 2012)

The only other visas for you would be partner visas... as kmarees said, you won't qualify for any of those because your partner would need to be at least a Permanent Resident in order to sponsor you.

You can do the WHV and hope your employer will sponsor you for a second year, but that can be very tough to find when your job field is not in demand. I'm not telling you to discourage you... just to give you a heads up that you may find yourself with no other option than to leave after a year on a WHV (UNLESS you're willing to change employers every six months, and do enough specialized regional work [mostly agricultural] to qualify for a 2nd year WHV).

Just for giggles, if you haven't yet, try DIAC's Visa Wizard (google that and it'll come up) and make sure no other options come up given your job field.


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## karolinew (Jun 12, 2013)

Ok it seems like my best option is WHV, work two (or more places) for those 12 months, and if I'm lucky I might get a visa for a second year through employment, and if not, it seems like I have to go back to Europe a year before my boyfriend (he's only staying 1 year, maximum 2 years anyway, depending on the work situation). Anyway, at least I can stay there for a year with him, which is better than nothing hey


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## CollegeGirl (Nov 10, 2012)

if you want to qualify for a second year, make sure you look into exactly what types of jobs qualify for that. I think they're largely farming/agricultural things... so if that's not what you want... You MIGHT get lucky and get someone to sponsor you if you intend to stay permanently... but I doubt anyone would go through the hassle and expense if you were only staying one year. You never know, though.


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## Whitney (Jan 4, 2013)

In order to be eligible for a second WHV you are required to do 3 months of specified work in rural Australia while on your first WHV. The regions that would qualify you are listed on the DIAC website by postcode. The specified type of work is usually agricultural, mining, or construction. You'll have to research your options based on where you plan to live in Australia.


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## karolinew (Jun 12, 2013)

Hi, yeah, I've seen the requirements for a second holiday visa. Thank you for your comments though!

Looks like I can stay in Australia for one year on a WHV, and that's my only option atm. Thanks for all your help! I will most likely apply for the WHV, work there for a year, and go back to Europe a year before my boyfriend. At least I can stay there for one of the 2 years he is planning to stay, which is better than nothing


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## Coral2013 (Jan 9, 2013)

Correct me if I'm wrong, but I thought the defacto on 457 is different to other visas. You only need 6 months proof, not 12?


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## karolinew (Jun 12, 2013)

Is it? I've been reading 12 months everywhere, but I am no expert though. Either way, we won't have time to live together for 6 months before we are going to Sydney, BUT as we're gonna live there together in Sydney, maybe I can apply to be on his 457 after my first year in Sydney on WHV? As we will have been de-facto for more than 6 months by then.

I also thought about another opportunitiy. After a year on WHV, if I decide to do a semester or two on a university after that year, will I be able to apply for a student visa or is it any rules or limitations for visas I can apply after being in Australia on a WHV?

Thanks


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## Adventuress (Jan 8, 2012)

Hi Karoline,

I must preface this with the disclaimer that _I am not a lawyer or a migration agent_, but:

I don't think there is a minimum period for a de facto relationship at all for secondary applicants on a 457 visa, unlike the partner visa.

Eligibility criteria like this are normally stipulated clearly, whereas in the case of the 457 it is not mentioned anywhere, including page 39 (pertaining to Members of a Family Unit) of Booklet 9 - Temporary Work (Skilled) (subclass 457) Visa.

Furthermore, the regulations (specifically regulation 2.03A) state that the 12 month period for a claimed de facto relationship is a criterion for certain visa classes only, being (subclause 3a):



> (i) a permanent visa; or
> (ii) a Business Skills (Provisional) (Class UR) visa; or
> (iia) a Business Skills (Provisional) (Class EB) visa; or
> (iii) a Student (Temporary) (Class TU) visa; or
> ...


and that



> If the visa is not listed in reg 2.03A(3)(a)
> 
> For visas *not listed* in regulation 2.03A(3)(a), *there is no minimum relationship period that an applicant in a de facto relationship has to meet *in order to satisfy regulation 2.03A requirements for visa grant. *However, under policy, six months is regarded as being a reasonable length of time.*
> 
> ...


So it would appear that you're right to assume that you can't apply as his dependant now since you haven't been living together at all, but there'd be nothing stopping you from being added as his dependant once you've been in Australia on the WHV and lived together for at least six months, since the 457 does not appear in the list of visas where the 12 month relationship is a criterion of eligibility.


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## karolinew (Jun 12, 2013)

Hi!

Thank you for your reply, that was very helpful. I'll look deeper into this. Thanks again


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## CollegeGirl (Nov 10, 2012)

Oh my gosh - Adventuress and Coral are right! Can't believe I missed the part where it was a 457. I'm pretty sure I've read what Coral and Adventuress have - that you only need to have lived together for six months to be added to his 457. You don't have to go through all the partner visa rigamarole either - I believe he can just add you to his 457. Definitely go look for more info, though.


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## karolinew (Jun 12, 2013)

CollegeGirl said:


> Oh my gosh - Adventuress and Coral are right! Can't believe I missed the part where it was a 457. I'm pretty sure I've read what Coral and Adventuress have - that you only need to have lived together for six months to be added to his 457. You don't have to go through all the partner visa rigamarole either - I believe he can just add you to his 457. Definitely go look for more info, though.


How do you mean without going through all the "partner visa rigamarole" but just add me? Without all the evidence of relationship hassle? Sorry if I sound like a noob, but I am hehe.  And I guess it means we still have to live together for 6 months first, so does that means after six months on WHV in Sydney, he can just add me on the visa while we're still in Sydney? That would be such a relief in that case!!


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## CollegeGirl (Nov 10, 2012)

That I'm not sure of - if he can add you after the fact or what. 457's are not my area of expertise. You'll still have to provide evidence of your relationship - but i don't *think* you'll have to go through a separate application process for a partner visa.


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## karolinew (Jun 12, 2013)

One last question then - does anyone know for sure if I can go and stay there on a WHV first, and then apply for the 457 secondary visa (be added on my boyfriend's visa) as soon as we meet the 6 months requirement of living together while I'm still in Australia on my WHV? Or is it any restrictions/limitations to how many times/what kinds of visa I can apply for?


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## Adventuress (Jan 8, 2012)

Although I don't have any personal experience with this visa, my reading indicates that it should indeed be as simple as that!

You are definitely allowed to be added to his 457 as a "subsequent entrant" as long as his employer extends the nomination to include you. And I think that you are allowed to be in Australia at the time it's granted, because there is a question on the form that asks you whether you are already in Australia and if so, what your visa number is, etc. If it were a requirement for you to be offshore for the grant, they would have said this clearly here. (Q.33, Form 1066)

As for evidence of your de facto relationship, they don't give you a list of what this might be, but simply say, "Provide evidence of birth certificate, marriage certificate, or of your de facto relationship. If any secondary persons were not included in the nominaion application made by your employer, you should attach written confirmation from your employer that they agree to include the applicants as secondary sponsored persons in relation to them and that they are aware that their sponsorhsip obligations extend to these applicants." (Q. 21, Form 1066)

That's all it says about that, so it would appear that your plan's good to go!

Form 1066


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## karolinew (Jun 12, 2013)

Thank you, thank you, thank you so much! I'll make sure I get my boyfriend to double check all this so we are good to go when we reach the 6 month requirement down there. Such a relief! Thanks again


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## Adventuress (Jan 8, 2012)

Yes, definitely check everything twice, and preferably with a professional, such as a migration agent. Hopefully it will be as easy as it seems here! All the best!


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