# 457 Second Applicant - de facto



## mariliisv (Apr 18, 2008)

Hello!

I have done a lot of reading about different type of VISAs and got my head all messed up.
Does anybody know how long you have to be in a de facto relationship before you can add a partner as a second applicant to a 457 visa.
I know that if you are appliyng for 175 resident visa then you have to prove that you have been together for one year (shared funds, living together etc).
But I cannot find any time limit for 457. Is there any?

Thanks in advance,
Mari


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## kaz101 (Nov 29, 2007)

Hi Mari, 

Welcome to the forum.

I've just had a look around the immigration website and I see what you mean.
This website Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457) says that you must supply evidence of defacto relationship.

Have you searched through the posts on this forum? I have a feeling that this has come up before although I'm not sure if it was for that particular visa. 

Regards,
Karen


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## mariliisv (Apr 18, 2008)

Hi!

I have spent 3 h going through forums and havent found an answer.
I found from Immi.gov.au website a following details:
Fact Sheet 35 - One-Year Relationship Requirement
Certain people wishing to settle in Australia permanently are required to be in a relationship for at least one year before they can apply.
The one-year relationship requirement applies to people who are applying to settle in Australia as the de facto spouse or interdependent partner of an Australian sponsor. It also applies to the de facto spouses of  permanent  or Student visa applicants.
457 goes belongs under temporary visa.
My boyfriend and myself have been living together for a year, but the paperwork only shows 8 months, so I think we would fail to prove that we are de facto for a year.
I am really hoping that the above from immigration wepage shows that we only have tp prove that our relationship is de facto.
Thanks,
Mari


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## Gail (Mar 23, 2008)

*De Facto spouse on 457*

Here we are. In the middle of filling in a 457 at the moment, this is the instructions re de factos (copied and pasted) and as you can see its six months. So all good!
----------------------------------------------------------------------

If you are not married and are in a de facto spouse relationship, please provide a short paragraph summarising your relationship, eg when and how you met, when you started living together and other commitments you have made to each other.

You will also need to provide copies of documents to evidence living together (for at least 6 months).
Suggested documentary evidence to show you are in a de facto relationship includes:

•	correspondence addressed to yourself and/or your spouse at the same current home address/previous 
addresses;
•	joint loan agreements for real estate, cars and/or other major assets;
•	joint residential rental agreements and receipts;
•	joint bank accounts or insurance policies;
•	utility accounts;
•	wills, superannuation or life insurance policies showing the name of beneficiaries; 
•	evidence of ongoing communication during periods spent apart; and
•	if no other documents are available, statutory declarations or signed statements from both parties 
confirming the length and nature of the relationship. 

Please note it is NOT necessary to provide each item listed, 2-3 documents are sufficient. 

However, please ensure you provide documents demonstrating you have been in a de facto relationship for at least 6 months, for example selected (2-3) rental receipts covering the period you commenced living together to the present.

Good luck, Gail


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## kaz101 (Nov 29, 2007)

Thanks for finding that Gail!


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## mariliisv (Apr 18, 2008)

Thanks a lot Gai.
I am very happy now, will start my application now now.
Exellent.
Good luck with everything
Mari-Liis


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## Byo (Nov 28, 2007)

Mari-Liis, your not Southern African by any chance are you.


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## mariliisv (Apr 18, 2008)

Hi!
No, I am estonian, living in UK and last two weeks in Sydne
Mari-Liis


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## kaz101 (Nov 29, 2007)

cedeoo said:


> Hi!
> 
> Does anyone have a link or a source where the suggested evidence comes from?
> My immigration agent has a much more comprehensive list..
> ...


Welcome Cedeoo.

I've just had a look at a few websites and they suggest 12 months is required. Does the information you have say 6 or 12 months?

Regards,
Karen


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## kaz101 (Nov 29, 2007)

cedeoo said:


> If 'your' list originates from an official source, I could depend on.
> It just have the feeling that my agent want to increase his services..


I couldn't find an official list on the website and I don't know where Gail got her information from...

Regards,
Karen


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## mariliisv (Apr 18, 2008)

Hi!

My visa was granted to me and bf. Applied 06.05 and visa approved 14.05.
The documentation we gave for de facto:
Tenancy contract from 22.10.2007
Subscription for Magazine, with both of our names from Dec 07
Travel Insurance with both names from Nov07
Statement from our flatmate.
No questions came back from the case officer.
Mari-Liis


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## Gail (Mar 23, 2008)

My information was a direct copy and paste from the 457 application form provided to me by my migration agent (Ernst Young).

We supplied evidence for 6 months (or perhaps a little over) and have just been granted our visa's. 

So certainly not 12 months on a 457. 

Cheers, Gail


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## jemforshort (Dec 27, 2011)

*Sources*

Thanks Gail! We really appreciate your post as we are going through the exact same thing. Could you let us know how it worked out for you please; and what was your source? It looks like you might have copied that directly from the application itself. 

At any rate, best wishes! 



Gail said:


> Here we are. In the middle of filling in a 457 at the moment, this is the instructions re de factos (copied and pasted) and as you can see its six months. So all good!
> ----------------------------------------------------------------------
> 
> If you are not married and are in a de facto spouse relationship, please provide a short paragraph summarising your relationship, eg when and how you met, when you started living together and other commitments you have made to each other.
> ...


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## jemforshort (Dec 27, 2011)

:clap2::clap2::clap2:

Thanks so much Gail!

BTW. How long did it take for both of you to obtain your visa after applying?



Gail said:


> My information was a direct copy and paste from the 457 application form provided to me by my migration agent (Ernst Young).
> 
> We supplied evidence for 6 months (or perhaps a little over) and have just been granted our visa's.
> 
> ...


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