457 Secondary Applicant

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457 Secondary Applicant


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Old 11-22-2010, 04:50 AM
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457 Secondary Applicant

Hi everyone,

My question is similar to another one I read on your forums titled "457 Dependent". My fiancé and I are both Iranian. He is currently in Australia and will soon be granted a 457 Business Long Stay visa. For me to be able to join him as his dependent under the 457 visa, I believe we have to be legally married. For this reason, I am going to Australia on a Tourist Visa to join him for a few weeks, so that we can get married. After that, we intend to apply for a 457 dependent visa. My tourist visa allows me to stay in Australia for three months from the date of arrival. While the 457 application is being processed, can I remain in Australia if it is decided before my tourist visa expires? Would you know how long the process takes? I do not mind returning to Iran after the application has been lodged, but of course we prefer to be together while we wait. Is there a provision that allows for him to lodge a dependent visa for me as his fiancée, before we get married?

Thanks,
Sara


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Old 11-22-2010, 01:44 PM
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It may not be necessary that you have to be married and it really depends on what evidence you have of your relationship, being engaged some of it and it probably not being so onerous as if you were to be a secondary applicant or sponsored in regard to PR.
If it is not too late with your fiance's 457 application, the best thing to do would be for him to see about including you as a secondary applicant on his application, though it could likely delay the process if his application is expected to be close to finalisation and you need time to gather the evidence and get any documents translated.
He being in Australia and you not will likely complicate the situation that way too.
He should at least look at declaring you as a non included dependant for his application so your application does not then seem to be inconsistent and he can still do that even if his visa is nearly finalised and it should not affect the processing.
Have a look at the link provided on Employer Sponsored Workers (e457) - Online Applications and if there are no links there for relationship evidence, have a look under eligibility for partner visas under migrants and then family for an idea but as I;ve said a TR application may require less onerous evidence.
Getting a tourist visa to come and marry and then apply may not work as your tourist visa could likely have a No Further Stay condition which will prevent any further visa application being made.
It could be somewhere between six to twelve months for visa processing though grants are never guaranteed and it will depend on the evidence you have to support the application.





Last edited by Wanderer; 11-23-2010 at 11:10 AM.

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Old 11-23-2010, 04:02 AM
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Thanks for all this information and your great help. My fiance wanted to include me in his application from the beginning but the lawyers employed by his company who take care of immigration and visa applications told him it would be better to just submit his application first so his visa would be taken care of, then he can submit a separate application to include me. Now however, they are changing what they said and saying the company has not agreed to extend the sponsorship to me, and that he must apply for permanent residence.

In view of what you mentioned regarding a "No Further Stay" clause, what if I just go to Australia on the tourist visa, get married, and after I leave, my fiance (who will then be my spouse) submits the application to include me after my departure?


Last edited by sara-f; 11-23-2010 at 04:07 AM.

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Old 11-23-2010, 12:29 PM
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With the 457 if the company will not include you in the sponsorship I'm not too sure whether you as a fiance or even when married could be added as a secondary applicant and that is why they are saying he would need PR.
It sounds like your fiamce needs to clarify with the company why they would nominate you and whether in fact they will sponsor him for PR if eligibility is met by both them and your fiance, and then that will create a different set of circumstances in respect to you being included as a dependent or sponsored.





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