457 Visa and the Death of a dependent

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457 Visa and the Death of a dependent


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Old 02-21-2016, 10:18 AM
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457 Visa and the Death of a dependent

Can anyone tell me if the sponsor under the terms of their sponsorship obligations to DIBP for a sub-class 457 Visa is required to pay the costs of the repatriation of a deceased 457 dependent (in this case the wife), My own research shows that under the undertaking by the sponsor/employer the employer must pay on request the airfare to return to their home country, but nothing is stated about death and the repatriation of the body. Anyone know the answer ?

In this case the employee has little funds to pay the costs and I am trying to establish what other avenues are open to him to get those costs paid, hence my question. I wrote to DIBP but no answer (as yet)

Thank you in advance.


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Old 02-21-2016, 08:37 PM
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I would assume no, there wouldn't be an obligation for the sponsor to repatriate a deceased visa holder's body. I assume the visa is considered cancelled upon death and therefore any sponsorship obligation would end.

I realise it sounds harsh, but DIBP would likely take the view that the obligation is to return a visa holder to their home country so they a) are no longer in Australia and at risk of overstaying their visa, and b) allow the visa holder to return to their previous life. DIBP would likely take the view that there's no reason the body can't remain in Australia (or at least it's not the responsibility of the sponsor if the surviving family want to return the body).

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Old 02-22-2016, 01:59 AM
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Thank you, I tend to think your answer is correct, Thanks for replying.

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Quote:
Originally Posted by facultative View Post
Can anyone tell me if the sponsor under the terms of their sponsorship obligations to DIBP for a sub-class 457 Visa is required to pay the costs of the repatriation of a deceased 457 dependent (in this case the wife), My own research shows that under the undertaking by the sponsor/employer the employer must pay on request the airfare to return to their home country, but nothing is stated about death and the repatriation of the body. Anyone know the answer ?

In this case the employee has little funds to pay the costs and I am trying to establish what other avenues are open to him to get those costs paid, hence my question. I wrote to DIBP but no answer (as yet)

Thank you in advance.


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