Yet Another 457/Defacto Spouse Question
Aug 23rd 2007, 6:44 am
#1
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Thread Starter
Joined: Aug 2007
Posts: 1
Yet Another 457/Defacto Spouse Question
Hello Expats,
I am going to try your patience with yet another 457/De Facto spouse question. In a nutshell, is it possible to ADD a spouse once I already have a 457 visa, or is the only way to get working/residency rights for a spouse to include them on the initial nomination? (PR application is not an option.) If the former is possible, will it be any easier, or are the two equivalent in difficulty and cost?
Let me flesh that out. I'm currently in Australia on a 457 with my (American) girlfriend. We've both been here since February 2007. She's on a student visa that will expire in February 2008; mine goes until 2009. Obviously, I'd like for her to be able to stay in Australia after her visa expires. Now, she's on a student visa because we hadn't really lived together for more than a couple months before we came here, though we had dated for longer than that. We're currently living together in Oz, and both our names are on the lease. Presumably, then, by the time Feb 08 rolls around, she will (more or less) clearly qualify as a de facto spouse.
The slight complicating factor is that I am going to nominally switch jobs in November 2007. I work for an academic centre, and I'm going to be transferred between two of the universities that run the centre. Since I will need to apply for a new visa at that point, I could have my sponsor list her as a dependent on the new visa application, but then we face a steeper hurdle in proving that she qualifies as a de facto spouse. It would seem to be much simpler to wait until the easily proven year of living together has past, and add her then... but I'm not clear on whether that's possible! Can a spouse be added once the visa has been granted?
Phew, sorry for the long-winded explanation. Any advice will be tremendously appreciated.
Cheers!
Matt
I am going to try your patience with yet another 457/De Facto spouse question. In a nutshell, is it possible to ADD a spouse once I already have a 457 visa, or is the only way to get working/residency rights for a spouse to include them on the initial nomination? (PR application is not an option.) If the former is possible, will it be any easier, or are the two equivalent in difficulty and cost?
Let me flesh that out. I'm currently in Australia on a 457 with my (American) girlfriend. We've both been here since February 2007. She's on a student visa that will expire in February 2008; mine goes until 2009. Obviously, I'd like for her to be able to stay in Australia after her visa expires. Now, she's on a student visa because we hadn't really lived together for more than a couple months before we came here, though we had dated for longer than that. We're currently living together in Oz, and both our names are on the lease. Presumably, then, by the time Feb 08 rolls around, she will (more or less) clearly qualify as a de facto spouse.
The slight complicating factor is that I am going to nominally switch jobs in November 2007. I work for an academic centre, and I'm going to be transferred between two of the universities that run the centre. Since I will need to apply for a new visa at that point, I could have my sponsor list her as a dependent on the new visa application, but then we face a steeper hurdle in proving that she qualifies as a de facto spouse. It would seem to be much simpler to wait until the easily proven year of living together has past, and add her then... but I'm not clear on whether that's possible! Can a spouse be added once the visa has been granted?
Phew, sorry for the long-winded explanation. Any advice will be tremendously appreciated.
Cheers!
Matt
Aug 23rd 2007, 6:48 am
#2
Reg. Migration Agent
Joined: Jan 2003
Location: Inner Western suburbs of Sydney
Posts: 4,483
Re: Yet Another 457/Defacto Spouse Question
Hello Expats,
I am going to try your patience with yet another 457/De Facto spouse question. In a nutshell, is it possible to ADD a spouse once I already have a 457 visa, or is the only way to get working/residency rights for a spouse to include them on the initial nomination? (PR application is not an option.) If the former is possible, will it be any easier, or are the two equivalent in difficulty and cost?
Let me flesh that out. I'm currently in Australia on a 457 with my (American) girlfriend. We've both been here since February 2007. She's on a student visa that will expire in February 2008; mine goes until 2009. Obviously, I'd like for her to be able to stay in Australia after her visa expires. Now, she's on a student visa because we hadn't really lived together for more than a couple months before we came here, though we had dated for longer than that. We're currently living together in Oz, and both our names are on the lease. Presumably, then, by the time Feb 08 rolls around, she will (more or less) clearly qualify as a de facto spouse.
The slight complicating factor is that I am going to nominally switch jobs in November 2007. I work for an academic centre, and I'm going to be transferred between two of the universities that run the centre. Since I will need to apply for a new visa at that point, I could have my sponsor list her as a dependent on the new visa application, but then we face a steeper hurdle in proving that she qualifies as a de facto spouse. It would seem to be much simpler to wait until the easily proven year of living together has past, and add her then... but I'm not clear on whether that's possible! Can a spouse be added once the visa has been granted?
Phew, sorry for the long-winded explanation. Any advice will be tremendously appreciated.
Cheers!
Matt
I am going to try your patience with yet another 457/De Facto spouse question. In a nutshell, is it possible to ADD a spouse once I already have a 457 visa, or is the only way to get working/residency rights for a spouse to include them on the initial nomination? (PR application is not an option.) If the former is possible, will it be any easier, or are the two equivalent in difficulty and cost?
Let me flesh that out. I'm currently in Australia on a 457 with my (American) girlfriend. We've both been here since February 2007. She's on a student visa that will expire in February 2008; mine goes until 2009. Obviously, I'd like for her to be able to stay in Australia after her visa expires. Now, she's on a student visa because we hadn't really lived together for more than a couple months before we came here, though we had dated for longer than that. We're currently living together in Oz, and both our names are on the lease. Presumably, then, by the time Feb 08 rolls around, she will (more or less) clearly qualify as a de facto spouse.
The slight complicating factor is that I am going to nominally switch jobs in November 2007. I work for an academic centre, and I'm going to be transferred between two of the universities that run the centre. Since I will need to apply for a new visa at that point, I could have my sponsor list her as a dependent on the new visa application, but then we face a steeper hurdle in proving that she qualifies as a de facto spouse. It would seem to be much simpler to wait until the easily proven year of living together has past, and add her then... but I'm not clear on whether that's possible! Can a spouse be added once the visa has been granted?
Phew, sorry for the long-winded explanation. Any advice will be tremendously appreciated.
Cheers!
Matt
Talk to an agent, eg the one that your employer uses to do your new visa application. There is no 12 months rule for proving a spousal relationship in a subclass 457 visa provided the documentation is done properly.
Cheers,
George Lombard
