# 457 Sponsored Visa - Requirements Secondary Visa applicant



## Spatz (Jan 3, 2013)

Hey there,

I hope someone out there in this forum can help me out with some information.
My boss promised me a job in our subsidiary in Sydney this year - in case I want to take it. Actually I would love to take it, but just if my gf can come with me. 
Our relationship is not quite ordinaryas at the moment we live together on all weekends and holidays, but we have our workplaces in different countries: mine is in Hungary, hers is in Austria and she is also Austrian citizen. We lived continuously together in Hungary between April and September in 2012 but only she was added on her rental contract, so apart from all the pictures and testimonial statements from friends and families we don't have any other solid proof to back this 6 months up, unfortunately. Since she moved back to Vienna in September 2012 we got separated for the weekdays unfortunately and we are definitely seeking for an opportunity together.

I guess we would need to fulfill the de facto requirements so that she also gets on my visa, does anyone have experience with that? 
Does anyone know if it is anyhow possible that she will get the visa together with me under these circumstances?

Thanks a lot for your help!


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## espresso (Nov 2, 2012)

Hi Spatz, 

it is possible to add a partner as a de facto to your visa even if you cannot fulfill the 12-month-living-together condition - other forum members have successfully completed this process. However, you will have to provide *very strong evidence* that you have a genuine, committed and continuing partnership. I also read posts about applications that were refused because a couple was a few weeks short of living an entire year together . 

*Strong evidence:* This includes documents generated by *third parties* that are addressed to both you and your partner such as joint bank statements, bills, invoices, contracts on shared property (flat, car, insurances), flight tickets (for joint holidays or visits), joint club membership etc. 

*Weak (but necessary) evidence:* This category is evidence that you or your partner can directly generate such as photos, printouts of your E-Mail inbox folder, letters, social media interactions, records of phone/messenger conversions etc. You will have to demonstrate how you kept in touch during times of separation. 

Some options that come to mind: 

Add the respective partner as beneficiary in your wills. 
If possible, try to have your relationship registered or apply for a civil union (unfortunately not possible in Austria, how is the law in Hungary?) - this can substitute for the 12 month requirement, but you still need sufficient additional documentation. 
 Finally: Getting married would also get rid of these issues . 

Recommended Reading: DIAC Partner Migration Booklet

*One more thing:* I overlooked that you are applying for a 457 visa - the consensus is that DIAC is not as strict on those. Make sure you get a letter from your employer that they agree to sponsor you both (employer obligations apply to both primary and secondary visa holder). 

All the best, 
Monika


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## Yvchen (Jan 2, 2013)

Hy Monika,

thanks a lot for your help! I am the gilfriend now 
I also heard that we dont need to proof the 12 months, still I am not sure how they will react on our different workplaces and flats during the week. My boyfriend is registered at my flat since December and we also put our saving accounts together. In addition we have flight tickets and hotel tickets from 5 different journeys last year. I was also thinking of registering us at the same sport club like my parents!?!

Unfortunately I also found out that it is not possible to registert our relationship in Austria - I am not sure about Hungary yet and to be honest we really would like to get married in the future but not for the sake of a visa if not really necessary.

I really hope it will work out somehow. 
THanks for all your tips! I am really thankful!

Liebe Grüße aus Wien 
Yvonne


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## espresso (Nov 2, 2012)

Hi Yvonne, 

since you are in Vienna I would consult the embassy again (maybe schedule a personal meeting if possible). I do not entirely trust the information that _6 months cohabitation_ would be enough for a temporary visa. Maybe you could get that in writing? I could not find any official DIAC document that states so. 

However, as already mentioned, if you can collect enough additional evidence to support your application, you should be able to get the visa even if you do not fulfill the 12 month co-habitation requirement. Your separation is surely based on career/study requirements, right? In my opinion that is a very valid reason for living apart for a limited period. Since you visit each other every weekend, a driver's logbook (Fahrtenbuch) or something like that could also be used to strengthen your application.

Alles Gute, 
Monika


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## Guest (Jan 3, 2013)

You do not need 12 months as its not as strict as applying for PR visas because you are only entering on a temporary basis. 

But I dont think you will have a huge chance as you live in different countries UNLESS you have a lot of shared financial and formal arrangements. ie shared accounts, names on each others leases, shared mortgage and savings accounts, named in each others insurance and wills. ie making it as serious as it possibly could be without being married or in a civil partnership.


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## Tom457 (Dec 14, 2013)

Yvonne, Spatz,

how did this work out for you two? Did DIAC/DIBP accept your de facto relationship for the 457? My girlfriend and I are facing a similar situation, having a long distance relationship -- in the same country, at least.

Tom


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