457 Spouse visa -reg

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457 Spouse visa -reg


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Old 11-18-2009, 11:14 AM
 
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457 Spouse visa -reg

Hello,

Just wonder if I could be helped on a quick question. One of my mates is on 457 dependent visa and her husband has been deceased in a recent accident. Would like to know if there would be any changes in her visa conditions & / or Would she be able to live in Australia by law, after her partner is no more.

Any advice is highly appreciated. Thanks heaps in advance.




Cheers,

Purandhar


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Old 11-18-2009, 05:16 PM
 
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First of all, I am so sorry for your friend's loss, that's terrible.

I would contact immigration to see what the procedure is as what you describe is definitly a unique circumstance. They will be able to guide her as to what to do next. I had a quick look on immi website, but couldn't see anything about such a situation.

I really really doubt that they would force her to leave, especially if she has built a life for herself there. I would say the key is though to make contact with immigration as soon as possible in order to make sure that you are doing the right thing from the start.

Good luck, and again, i am sorry for your friend's loss.


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Old 11-19-2009, 08:17 PM
 
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Thanks very much Elkitten for your prompt response and concern. We will contact Immi to see what happens.



Thanks again,

Purandhar


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Old 11-19-2009, 08:21 PM
 
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Hi Elkitten,

Also, Just to inform, she has her visa valid until 2013. So I recon they would atleast allow her to live until then. Anyway, please see if you can get any useful info whilst we do it from our end.



Thank you,

Purandhar


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Old 11-19-2009, 09:13 PM
 
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Hey there

So i had another dig around the immi website and cannot find anything about it, which may be a good sign as nowhere does it specifcally state that if the primary visa holder is deceased the dependents cannot stay.

It would be really harsh if immigration had a policy that revoked the visa straight away after a death so I doubt she would be sent away--like you said she would be able to stay at least until her visa expires I would think.

Again though, calling immigration is the only way to be sure and I think it is important to do this as soon as possible as she will be seen as "doing the right thing" from the begining. There may be other visa options available to her as well.

Good luck. What a terrible thing to happen really.... if you can, please do post the results of what has happened, it might help out someone else who is going through the same awful experience.


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Old 11-20-2009, 05:47 AM
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Unfortunately for your mate purandhar, I'd expect you'll find from DIAC that she'll likely have to find another visa that she'll be eligible for or else leave.

DIAC in compassionate circumstances such as that will likely give her more than the standard 28 days that applies to a 457 holder who for instance loses their job.

But the 457 as a temporary residency visa is issued to the primary applicant and a secondary applicant maintains their right only while the primary applicant does or maintains a relationship.

It may seem harsh and in some circumstances it can be but DIAC regulations are based on legislation and they have no option but to bend them as much as they can via in this case, possibly an onshore tourist visa being issued, or just an extended date to the 457 dependent visa being applied.





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