# Adding a De Facto to 457



## matt1927 (Feb 12, 2013)

Hi.

I'm looking for some advice if possible. I've looked over the forum and got some really good information but I think I may need a bit of guidance on my situation.

I am a UK passport holder who has recently started working in Perth on a 457 visa. My partner, also UK resident, has been in Perth on a working holiday visa for 2 years this April. Her visa expires then. We met last year when I was visiting and have kept in touch since and since I moved here to start my 457 visa we're getting more serious and want to stay together. 

We are currently sharing a house share rent and have taken steps to prove a de facto such as joint bank accounts, both names on lease and various other things that are deemed necessary. 

My sponsoring company and their visa agency have said I can add her to my 457 as a de facto after we gather 6 months of co cohabitation evidence. To be sure of this we need to remain in our current house share until the end of July 2013. Her visa expires at the start of April 2013 so we're wondering how best (if at all!) can she stay in Oz between April and July so we can prove the 6 months of living together and get her on to my visa as a de facto.

The options seem to be narrowed down to getting a student visa or her leaving after her working holiday and then coming back on a tourist visa. The later would be preferred as its a whole lot cheaper but I'm reading things like its hard to get a visitor visa after a working holiday and also things like a 'no further stay' clause can be added on them which I guess applies to adding her as a de facto? While I also notice some people saying student visas are getting harder to get if they suspect the applicant has intentions of staying in Oz.

I'm willing to speak and pay a recommended agent if need be. Please get in touch if you know anyone in the Perth area who may be able to help. Or any info or suggestions will be greatly appreciated. 

Thanks


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## Guest (Feb 12, 2013)

The tourist visa would be your best bet IF she can get one. After being on a WHV they are likely to suspect illegal working so could well be denied or come with a no further stay.

A student visa a little harder. Have you got several thousand dollars to pay for a course, can she prove living expenses, would she be accepted for a course that is suitable for a student visa? And yes she has to pass the 'genuine temporary entrant' test. Planning on staying already is a big fail! 

Send her off to NZ, apply for a tourist visa and keep everything crossed. Hopefully she will be granted and you can see if DIAC allow her to be added to your 457.


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## matt1927 (Feb 12, 2013)

Thanks Shel. 

This is useful as its making me think we have one option, not two. So visitor visa it is. 

You say for her to go to NZ, would that be the same as her going back to the UK. She's planning a trip back home after the holiday visa expires anyway. Will she be looked on in the same light if applying for the visitor visa when in the UK and NZ or does being in NZ give advantages in terms of getting the visitor visa? 

Do you have any advice on the stance we need to officially take? I take it when she applies for a visitor visa it's purely to say she's visiting me, not trying to get added to my 457? Also any suggestions on things we can do/say to waive the no further stay clause?


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## Guest (Feb 13, 2013)

If she is going all the way to the UK even better. Can't see her getting a no further stay in that case because people usually a risk would go to the nearest place for as little time as possible so they could get back to work etc. Visiting you is fine, she will have spent 2yrs in country and left freely at the end of her visa and all the way back to the UK to see her family. 
I would apply for evisitor, no evidence needed and decided really quick because its not like she needs the long stay to build up time because you are almost there. And no need to automatically discount time apart when applying for 457 unless she is away months because she is just visiting family in the UK.


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## matt1927 (Feb 12, 2013)

Thanks again Shel. You're making us shift towards the optimistic camp here!

I have another question if I can. I have read that some people are able to work on a visitor visa. Do you know about how we go about getting this allowed? It may be hard to justify a joint income paying for rent if she's not allowed to work.


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## Guest (Feb 13, 2013)

When she applies to be added to your 457 she will get a bridging visa that carries the same conditions as the visitor visa. But you can apply for permission to work. That said 457 for additional applicant should take a matter of weeks not months so she will be working in no time.

Until she lodges for the 457 she cant work.


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## matt1927 (Feb 12, 2013)

Hi again. I'm back with another question on this. 

So we've since had a chat with a visa agency here in Perth who advised that it may well be worth submitting to be added to my 457 as defacto just before my partners last day of her working holiday visa which is 02/04/13. Although we have been together since 01/11/12 and only been collating good evidence since 01/01/13 he seemed to thiink that it was still worth a shot. We have plenty of good evidence since this time. 

I'm wondering if anyone has ever seen adding a defacto to a 457 granted in a similar circumstance? i.e. less than 6 months evidence?

Also, the agent is asking for a fee of $2100 to submit for us so I'm a bit sceptical that he's just saying this to get his fee paid.

Does anyone know the kind of fee we should expect to pay an agency or can anyone receomend a cheaper one in Perth? We're also contemplating submitting it ourselves but with us potentially submitting before we have 6 months evidence we're a bit unsure as to whether we should chance that route.

Cheers


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## Guest (Feb 25, 2013)

Personally I wouldn't use an agent for this. Its not complicated, no huge issues that may lead to you needing 'expert' advice so no need to waste your money. 

Thing with the 457 because is a temp visa timescales on relationships are not set in stone like PR. Simply because if 2 months after you get it you split. You must notify DIAC and partner has 28 days to leave unlike PR. 

If you can prove the relationship going back before living together go for it. People get 457 defacto when they have lived together less simply because of the reason I gave. Good evidence will get her it


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## matt1927 (Feb 12, 2013)

_shel said:


> Personally I wouldn't use an agent for this. Its not complicated, no huge issues that may lead to you needing 'expert' advice so no need to waste your money.
> 
> Thing with the 457 because is a temp visa timescales on relationships are not set in stone like PR. Simply because if 2 months after you get it you split. You must notify DIAC and partner has 28 days to leave unlike PR.
> 
> If you can prove the relationship going back before living together go for it. People get 457 defacto when they have lived together less simply because of the reason I gave. Good evidence will get her it


Thanks again for this. 

So we'll go for trying it ourselves then when her WHV expires at the start of April. Best we get swotting up on the forms now!

From a quick look I think it's this page that I need. Does this look right to you?

(unfortunatly not allowed to post the URL)

And am I right thinking that the day we lodge, she goes straight on to a bridging visa and can remain in emplyment?


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## Guest (Feb 25, 2013)

You'll be able to post links after your next post, to stop spammers! 

But yes so long as you apply before it expires so she is still legal, the day before is usually good in person better lol. She needs to fill up a form to stay with the same employer if she is near the 6 months. That form is on the WHV page I think under obligations - removing work restriction IF she needs it.


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## matt1927 (Feb 12, 2013)

_shel said:


> You'll be able to post links after your next post, to stop spammers!
> 
> But yes so long as you apply before it expires so she is still legal, the day before is usually good in person better lol. She needs to fill up a form to stay with the same employer if she is near the 6 months. That form is on the WHV page I think under obligations - removing work restriction IF she needs it.


OK. Seems the IMMI site is actually a bit of a minefield for forms!

Think ill just ring them up.

I owe you a pint or several Shel!


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## matt1927 (Feb 12, 2013)

Oops. Duplicate posting.


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## Guest (Feb 25, 2013)

It is indeed! 

Working Holiday Visa (Subclass 417) extending the work limitation 

Employer Sponsored Workers (e457) Online Applications secondary 457 application


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## matt1927 (Feb 12, 2013)

Hello. I'm back looking for further advice with this after some developments.

So my partner's Working Holiday Visa finished on 02/04 and she went home to the UK as planned and after a couple of weeks she applied for her tourist e-visa. The thinking was that she could stay with me for 3 more months and that would then give us the sufficient 6 months of co-habitat evidence to be added to my 457 visa as a defacto. 

The problem is now that Immigration are asking for more information before granting the tourist visa so we're worried about two things now. 

1. Firstly, will she even get in as a tourist given the info that they're asking for?

2. Secondly, could the information we state now jeopardise our application to be added as a defacto in 3 months time?

Are there any good agencies out there who know about this and could look over our proposed draft letter before we submit it? Time lines are tight as they need the reply in by next Monday. I'm happy to pay any fees if need be because we don’t want to make any assumptions now that could stuff this up for us. 

I've listed below the questions they want answered for the tourist visa to be granted:


• A declaration explaining your purpose for travelling to Australia
• Based on the time you have ready spent in Australia, a higher level of genuine visit needs to be satisfied, please provide any compelling or compassionate reasons for your visit.
• Your proposed itinerary and dates of travel to and from Australia
• A description of the activities you plan to undertake over the period of your planned stay in
Australia
• A statement about your intentions after departure from Australia (for example, continue to travel or return to usual country of residence)
• your bank statements showing the name of the account holder, all transactions for the past three (3) months and the final balance of the accounts (name and recent date must be included on the statements)


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## Guest (Apr 17, 2013)

Why did you not just add her to your 457? She is now likely to get a no further stay condition based on what they are asking for and she can't really answer that question about planning to leave if she is not planning on doing so! 
I would apply now to add her to your visa. Better than getting in a twist with the tourist visa.


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## matt1927 (Feb 12, 2013)

_shel said:


> Why did you not just add her to your 457? She is now likely to get a no further stay condition based on what they are asking for and she can't really answer that question about planning to leave if she is not planning on doing so!
> I would apply now to add her to your visa. Better than getting in a twist with the tourist visa.


Hi Shel

We cant apply now because we only have 4 months evidence of co-habitation. We need the tourist visa to bridge the gap as it were and take us over the 6 months of required evidence. 

Imigration have emailed me and said 6 months worth of evidence is a requirement before adding her to my 457.

Thanks


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