457 to defacto visa

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457 to defacto visa


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Old 04-26-2011, 10:58 AM
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457 to defacto visa

Greetings all

I have a few questions regarding changing from a 457 visa to a defacto visa that I hope someone will be able to help me with.

My situation is that I am a UK Citizen and have been in Australia on 457 visas since 2008 (2 cancelled due to redundancy and change of jobs) and am currently on a 457 visa which began in Dec 2009. I have been going out with my permanent residency girlfriend since July 2009 and lived with her since September 2009 and am currently compiling the documents to apply for a defacto visa.

My questions are as follows:

1. How much will it cost to apply for this visa from within Australia? It is a bit unclear on the immi.gov.au website
2. I am currently eligible for Living Away From Home Allowance. Does this stop when I submit my application or when my 457 visa expires in 2013 or when I become a permanent resident?
3. Can I have 2 visa's at once? Is the 457 visa valid until 2013?
4. What happens if I switch from a 457 visa to a temporary defacto visa and then the relationship ends for some reason?
5. How long are my medical examinations and police checks valid for? How soon do I need to submit the application as I now have all the documents except for my birth certificate which is on its way from the UK.
6. What will I need to do to turn my temporary de facto visa to a permanent visa when I am elibigle?
7. Is there a better approach to take to become a permanent resident?

Thanks in advance for any help/suggestions and best wishes to you!


Last edited by Rommel2009; 04-26-2011 at 11:19 AM.

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Old 04-27-2011, 04:22 AM
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Hi,

Here are the answers to your questions:

1. How much will it cost to apply for this visa from within Australia? It is a bit unclear on the immi.gov.au website

Onshore 820/801 partner visa's cost $2575 (visa app) + medicals + postage + other expenses

2. I am currently eligible for Living Away From Home Allowance. Does this stop when I submit my application or when my 457 visa expires in 2013 or when I become a permanent resident?

You will remain on your 457 until a decision on your partner visa has been made. once this has been made you 457 will become invalid and your LAFHA will fall away.

3. Can I have 2 visa's at once? Is the 457 visa valid until 2013?

No, as per previous answer once a new visa is issued the old one is no longer valid

4. What happens if I switch from a 457 visa to a temporary defacto visa and then the relationship ends for some reason?

You will need to notify immigrations of changes to your circumstances. should this happen immigrations will make a decision as to if they should cancel your partner visa. if this happens you would need to reapply for a 457 should your company be willing to still sponsor you.

5. How long are my medical examinations and police checks valid for? How soon do I need to submit the application as I now have all the documents except for my birth certificate which is on its way from the UK.

Police clearances are valid for 12 months from issue date. you will need to provide clearances from every country you have lived in for 12 months or move in the past 10 years. this includes Australia.

6. What will I need to do to turn my temporary de facto visa to a permanent visa when I am elibigle?

Immigrations will send you documents to complete after 2 years from the submission of your temp visa. its just a declaration to be completed by both I believe.

7. Is there a better approach to take to become a permanent resident?

Your company can sponsor you for ENS 856 after you have been working in Australia for 2 years or longer. note the last 12 months needs to be with the current sponsor in order to apply. once ENS is granted it is PR.


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Old 04-28-2011, 12:23 AM
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Hello winikd

Many thanks indeed for taking the time to reply and thanks to everyone else for posting information on this board, it has all been very useful!

My company are prepared to sponsor me for ENS 856 but only through the immigration lawyers they have an agreement with and this will cost me $6500 instead of the $2575 I would have to pay if I go down the de facto route...

This is such a dilema!

I wonder whether I should just wait until I have been with my partner for 3 years and then apply for the de facto visa then as I understand permanent status is then granted straight away?

Would my medical results still be valid in August 2012? I took the examination last month.

Thanks again!


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Old 04-28-2011, 01:06 AM
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hey mate,

I think you would have to redo your medicals in 2012.

I must be honest if you have the option to apply for ENS then go for it and pay the fee's.
I just used a lawyer for my application because it was complicated as we hadn't been together for a year etc and it cost me around $6500 all up... well worth it and to get PR straight away would secure your stay in AU... in my opinion if I had that option I would jump at it.


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