cmab18

Hi,

We have recently as a family received our 457 visas and will be moving to Australia in October this year. My question is whether I will be allowed to do any form of paid work (part-time, temp, contract etc...) whilst living there on this visa. I am 18 and will be taking a gap year before uni, and I know that working on this visa at my age as a dependent might interfere with an application for permanent residency in the future. Is this true? Should I stay away from working just in case? Thanks in advance, all answers appreciated!

Bermudashorts

You will be allowed yes. Could it effect future dependency claims, also yes (possibly) ..

What are you parents plans for applying for a permanent visa? They would be doing you and probably themselves a great favour in looking into this sooner rather than later. I think getting a 457 with an 18 year old is very risky.

cmab18

We will be applying for permanent residency a year or two after moving. What exactly would I need to find out?

Bermudashorts

Don't know what you mean. What do you want to find out?

Tell your parents to think about getting PR sooner. If you lose your dependency and they need to get a skilled migrant visa or something, you could be going back to the UK on your own. Are they actually aware of this?

I would also forget about your gap year before university, too risky. Stay in education, it might help you later.

cmab18

The main visa applicant is my mother, who is apply for the permanent residency through her employers after a year of work as a doctor in her hospital.
Also I am taking the gap year to avoid paying international fees.
I plan to do some vocational courses instead. Your basically saying that I should stay away from working then?

Pollyana

If you are working, you are independent (in a nutshell!) therefore you can't be included as a dependent on your mum's PR application. That means that your parents may get PR while you cannot, and you would either have to go home, or find your own route to another visa.

Bermudashorts

Have you actually spoken to your mother about this? Does she actually know what she is doing here, perhaps you could ask her to join up or at least read your posts. Your mother is a doctor, so she could easily get a permanent visa now and there is no need to make this so hard for you. You could end up without a visa and separated from your family. That is how serious this is.

cmab18

We are all aware of this, After a lot of research I also came across this

"From 1st July 2012 there has been a well overdue change to address the issue of children who arrive with their parents on a 457 visa and through the passing of time those children lose their dependency. Usually this is because they turn 18, establish a relationship or become financially independent because of how much they earn from part time or fulltime work. This has left those (now adult) children stranded when their parents apply for and are
granted permanent company sponsored visas.
Now DIAC have recognised this issue and any such ENS or RSMS applications lodged after 1st July will allow the inclusion and ultimate grant (provided all other criteria met) for these children, of the same permanent visas as their parents. This is EVEN if those children have lost their dependency through establishing other relationships or entering the fulltime work
force .

http://www.iscah.com/Iscahnewsletter169.pdf

So I think I might be ok, but I have sent an inquiry to the DIAC to make sure that this information is correct.
Thanks for your help though

Bermudashorts

This will only apply for certain visas on certain paths. If your mother decides to get a skilled migrant visa because the employer decides they cannot sponsor, then you would not be covered. You would be out in the cold, the only family member without a visa.

Your family are taking a big risk over your future. The sad part is there is no need. No need at all when a permanent visa could so easily be obtained right now. There is no need to rely on this legislation, you could get certainty now.

TeeTMI

Medical Practitioner's (and a couple of other occupations) are generally not eligible to apply for PR immediately.


There was a change in the legislation with respect to dependants on some temporary visas, including the SC457, in moving to permanent residence under certain specified pathways. It is always sensible if possible to be cautious until a pathway is certain.