# 457 Visa + de facto partner + not living together



## amk (Sep 21, 2010)

Hello all,

I hope someone can help me--I'm feeling a bit confused by Immi at the moment! Sorry about the length... it's all starting to seem very complicated.

I'm a Canadian on a 457 work visa and am going to apply to add my American partner as a de facto. She is on another visa which expires in about 2 months. (Plans to get a different visa for her after that recently fell through.)

We've been dating since early 2009. Two months after we started dating, I went home to Canada, as had been planned prior to the beginning of our relationship. At that time we didn't plan to continue the relationship, but we emailed on a daily basis and a few months later, I decided to come back to Australia. It took a while to get through my 457 application and for me to leave my job in Canada, and altogether I was out of Australia for about 9 months. We did not move in together straight away when I arrived because while we'd been serious since (before) I decided to move back to Australia, we hadn't been together in person during that time--and she'd also just agreed to live with a friend for the next several months.

So to date, we have been in what I would consider a serious, committed relationship since about September 2009. I have been here in Australia since March 2010, and since then we've spent the majority of our time together, but have not lived together. We were planning to move in together in November this year, after our respective leases expire. 

I've spoken to different people at the Immigration general enquiries line about applying to add a de facto to a 457 visa. One basically said "Don't worry too much, since it's a temporary visa the rules are not as strict." My partner was told by a second person that we should have been "together for six months". However, today I called (to ask a completely different question, in fact!) and the person I spoke to said essentially, "you shouldn't expect to get it, the official definition of "de facto" is "living together," and for a temporary visa you should still have been living together for at least six months."

I know there is really no other way to find out than to apply... but has anyone done a similar application and had success? We haven't lived together, but we have records from several trips taken together, mail sent while we were apart, hideously expensive phone records, and we won't have trouble getting statements from friends and from some of my Australian family members. I was feeling pretty confident about getting this visa, until I called Immigration today!

Or if anyone has tips about what kind of evidence would be best in the case of not living together, that would be fantastic as well.

Many thanks for your help.


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## Wanderer (Jun 16, 2007)

There is an online application provision for 457 partners - Employer Sponsored Workers (e457) - Online Applications
You could have a look in there and see if there's a guide to what they expect but I have heard of the six months previously whereas a full sponsorship partner visa requires 12 months together or a waiver.
That you have not ben living together may prevent the requirements being met.


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## Ivan (Jan 4, 2012)

Hi Amk. My situation is quite close the one you have described (holder of a visa 457 / de facto partner / not living together). Have you found the solution to your questions ? thank you very much


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