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457 Visa Facts Secondary Applicant

Do you currently hold a 457 visa or are intending to apply for a Subclass 457 visa, and wish to include your partner as a secondary applicant?

We hope the following information will assist in making sure you meet the secondary application requirements.

Deciding to add your partner as a secondary applicant to a Subclass 457 is a convenient way for your partner to secure an Australian visa with unrestricted work and study rights in a relatively inexpensive manner.

Definition of a Partner

Are you married to your partner or are you both in a defacto relationship?

De facto partners can be the same or opposite sex. In either case, you must prove:

• the relationship must be genuine and continuing.

• Your partner is at least 18 years of age when the application is lodged.

• The couple have a mutual commitment to a shared life to the exclusion of all others

• You live together, or do not live separately on a permanent basis.

When can my Partner be included in the Subclass 457 visa?

IN your initial Subclass 457 visa application

When you are first applying for the 457 visa, you can include your partner as a secondary applicant. This is the best and most cost effective approach. As a secondary applicant your partner will pay less fees/charges.

Your employer must consent to your partner as a secondary applicant.

AFTER you have already been granted your Subclass 457 visa

To include your partner after you have already been granted a 457 visa, you will need to make a separate visa application to attach your partner to your current 457 visa. The separate visa application is a specific process designed to allow primary applicants who did not initially include family members into their initial 457 visa application. It also provides a pathway for the partners of the 457 visa holders who have since married or entered into a de facto relationship, after the visa application has been granted.

The partner now becomes the main applicant and is unfortunately liable for same fees and charges as the original application.

Your employer must consent to your partner as a secondary applicant.

What evidence do I need to provide?

If you are married you will need provide evidence of your marriage (such as a copy of your marriage certificate). Keep in mind that, your marriage must be legal under Australian law. For example, if you and your same sex partner were married under the New Zealand marriage laws, it will not be recognised as a legal marriage under Australian law.

If you are in a de facto relationship, you and your partner will need to prove that you have been living as a de facto couple for at least 6 months prior to the application. Your evidence can include joint financial documents, joint utility bills, correspondences going to the same address and any joint assets or liabilities.

Don't forget! You will also need written consent from the sponsoring employer, confirming that they allow their sponsorship obligations to extend to your spouse or de facto partner.

457 Visa

Subclass 457 - Frequently Asked Questions

Q Is your partner on a 457 visa which you would like to be added to as as a secondary applicant?

Adding a secondary applicant to a 457 visa is a great way for a de facto partner to secure an Australian visa with unrestricted work rights in a relatively inexpensive and timely manner.

Q What Happens If I Get Pregnant As 457 Visa Holder?

You can have your baby in Australia, the medical costs may be covered by your private health insurance.

You may add your new born baby onto your subclass 457 visa once he/she is born in Australia.

Q My de facto partner’s visa about to expire?

We can help you to lodge a visa application to add your partner to your 457 visa before your partner’s visa expires and secure a bridging visa while your partner’s application is processed.

Q What are my rights on 457 visa as secondary applicant?

This visa allows you to:

  • Work and study in Australia

  • Travel to, enter and remain in Australia for the remainder of your partner’s 457 visa

  • Apply for permanent residence with your partner (conditions apply)

Q Any Work Restrictions Apply To Secondary Applicant On 457 Visa?

No work restrictions. Secondary applicants of a Subclass 457 employer sponsored visa have no work restrictions.

Q Down The Line, Can I Still Change My 457 Employer

Yes, you can change employers on a 457 visa even after you have added your partner as secondary applicant..

When you find a new employer willing to sponsor you, you must ensure the business is an approved business sponsor and have nominated you for the position you intend to work. You cannot commence work for this employer until your nomination has been approved.

Tel: 0455 295 988

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