# 457 visa, adding defacto partner



## deeno88 (Apr 12, 2012)

I have lodged my visa and paid the fee but heard nothing as yet

will they let me know application has been received 

do I need health insurance straight away if not looking to go for 6 months ? 

what are the timescales for adding a partner ??


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## Guest (Oct 18, 2012)

They should let you know but not always. The main indicator they have it is they took the money.

Yup you need health insurance to be granted. Comprehensive travel insurance should do it. You can cancel it once you have registered for medicare, which you can do as you are British but not until then. You might want to still look at private medical insurance as you have a child and lots of stuff is not included in medicare such as dental, ambulances in some states and therapies but you can do that at your own leisure once settled. 

It shouldnt take more than a few weeks so long as they have everything they need because they are not assessing any employment stuff for you. Only issue that might make it longer is your daughter but so long as you have the paperwork sorted it shouldnt be long.


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## deeno88 (Apr 12, 2012)

yeah I have sent a solicitors letter saying I have full responsibility for my daughter and her father state of mind and also a report from the care home advising he cannot make decisions for him self nor anyone else. not heard a peep as yet . payment is pending on my visa though


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## Guest (Oct 18, 2012)

When did you send it, they usually take the money pretty quickly.


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## deeno88 (Apr 12, 2012)

Tuesday .. just thought they may at least say they have it 
can you check progress ?


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## kieran2216 (Jan 13, 2013)

Hey can anyone give some information on adding a defacto to the 457 visa. been sponsored for a year now and want to bring my girlfriend and her child out also as it looks like i want to stay here full time. what is the best way to approach this?


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## Guest (Jan 13, 2013)

You may want to stay full time but until you qualify for or are sponsored to its a temp visa.

You can add your partner to your visa but you may run into trouble with the child. DEENOS situation was quite unique. But as its a temp visa you should be ok but be prepared for a battle if/when you apply for PR.


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## deeno88 (Apr 12, 2012)

hi Kieran 


what Info are you after ?


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## kieran2216 (Jan 13, 2013)

_shel said:


> You may want to stay full time but until you qualify for or are sponsored to its a temp visa.
> 
> You can add your partner to your visa but you may run into trouble with the child. DEENOS situation was quite unique. But as its a temp visa you should be ok but be prepared for a battle if/when you apply for PR.


What do you suggest I do?? Why do u reckon I'll face a battle applying for pr? Would it be better for me not to add them to my sponsorship visa and apply for pr with them or would it be better to be applying for or with them already on a visa??


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## kieran2216 (Jan 13, 2013)

Just want to know my best way forward?


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## Guest (Jan 14, 2013)

No no add them, gives strength to them being added to PR. But be prepared for questions. What year was the child born? Where is the father and is he on the childs birth certificate? What does he think of the child going to Australia? 

To get PR he either needs to give permission or she needs to get a court order giving permission if he says no or can't be found. Easier to get temp residence as its not a permenant removal from the childs own country.


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## kieran2216 (Jan 13, 2013)

The child is four hi father is on his birth cert but approves of the child moving to Australia. Child is 4 yrs old... Is there going to be any problems if I haven't adopted the chil etc?!?


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## Guest (Jan 14, 2013)

If he is happy with it and willing to sign a document saying so in front of a solicitor then no problem at all. I suggest you get that now if he is happy now because he could change his mind and to try and obtain it in a year or two, from Australia when you do apply for PR and will need it more so could prove difficult.

to add... you adopting the child does not do away with needing his or a courts permission because adoption does not automatically remove his rights as father unless specifically removed by the Court. that would be rare and usually done when social workers adopt the child for protection reasons.


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## kieran2216 (Jan 13, 2013)

So the best path forward is to get that document from the father then apply to add defecto to my 457 then wait untill I'm livable for pr and apply the three of us on my pr at once??


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## Guest (Jan 14, 2013)

yup, I assume the dad will be much more willing to provide that for a 457, but once you have it you have it. applying the way you say will be the least painful and will stop DIAC questioning why they were not added to your Visa from the start.


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## kieran2216 (Jan 13, 2013)

Thanks hell much helpfull. Just another quick one - if I got pr and then I got married does that entitle my partner to live in oz??


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## Guest (Jan 14, 2013)

kieran2216 said:


> Thanks hell much helpfull. Just another quick one - if I got pr and then I got married does that entitle my partner to live in oz??


 Nope, they would then have to apply for a spouse visa. Cost $3000 and takes between 7 months and a year to be granted.


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## kieran2216 (Jan 13, 2013)

So another route I could take would be to do that and put my partner and her child on a spouse visa??


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## Guest (Jan 14, 2013)

Yes but again you would face questions. When applying for your 457 & PR you have to declare if you have a partner or dependents even if they are not going on the visa. 
For PR they would need to be added as non migrating but you would still have to do medicals and police checks for them. 
Then when you apply for their spouse visa you would do it all again and still need to provide the legal documents regagrding the child. You would also have major difficulty because the rellationship requirement on the spouse visa is much stricter than for the 457 or your own PR. You need to prove an ongoing comitted, exclusive relationship for 12 months +. Difficult I'd say if you have been in Australia for a year or two on a 457 and them back home. 

But you realise you getting a 457 to being eligible to apply for PR to being granted could take 3yrs pluse then the wait for the spouse visa of up to 12 months and that's if you started right now! You think she'll wait that long.


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## kieran2216 (Jan 13, 2013)

She's already waited 2 yrs - need to get it goin this yr 

Only logical way then I reckon is adding the two of them as defactos on my 457?
This won't put my visa in jeopardy in any way will it?


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## Guest (Jan 14, 2013)

It won't, so long as you have evidence of your relationship and the letter from the kids dad nothing will stop you all moving to australia. 
People do it all the time, lots of people who are eligible go off on a WHV to find a sponsor then join up when they find a job. 
Do you have a sponsor & job lined up? She could get the letter then come join you on a toursit visa & apply onshore so you are together. She can't work till she gets the visa but 457 doesn't take that long.


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## kieran2216 (Jan 13, 2013)

Yea I been sponsored since August 2012 and working for that employer since oct 2011.

So if they came over it would be something that could sorted in a Month to 2 months or so?!?

Just gotta think of the logistics you know??

Also what would gettin them put on my 457 cost??


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## deeno88 (Apr 12, 2012)

it costs $350 x 


you need to prove relationship
need health ins for both
maybe form 80 filled in
you will need a few forms filled in re the child. and a signed declaration in front of a solicitor so the dad will have to be there. not 100% sure on this matter as I didn't need it for my daughter 

regards dee


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## letsirk (Jan 22, 2013)

*help*

Good day. My partner is on a 457 visa and we are on the process of gathering evidences required. For now we have a teamcy agreement jan 2011. bank certificate which was opened only this month, wester union transction history, flight tickets jul 2011, receipts from fedex... do you think this would suffice? we dont have joint billing or properties. are photos/ chat history/phone call logs needed? We are also planning to include my 4yo son from a previous rel in the application. ive read that we need to fill out form 1229. bu the thing is i dont know where the biological dad is anymore. hope you could help me. thank youmin advance.


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