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457 Defacto Visa

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  • 06-08-2016 7:16am
    #1
    top madra
    Registered Users Posts: 387 ✭✭


    I'm trying to find info about this visa on the Immi website but can't find a checklist anywhere.

    Is the partner visa (subclasses 820 and 801) completely different visa?

    If anybody can shed some light that would be awesome, I'm currently on a 457 and thinking of putting my GF on my visa but still just looking into it at the moment.


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    #2
    pete4130
    Registered Users Posts: 3,944 ✭✭✭pete4130


    The 820 and 801 are completely different visas.

    The 820 is when you are defacto to an Australian/Permanent Resident and it is the temporary partner visa. People usually sit on the 820 for about 2 years until they provide more information to prove their relationshi pis serious, committed and ongoing.
    The 801 visa is then granted and the 820 visa ceases. The 801 Visa is the Permanent Partner visa, basically Permanent Residency.


    The 457 is an employer sponsorship visa, allows you to live, work and stay in Australia while with that employer (or any other employer who is willing to take on the 457 if you move jobs). On the 457 you can have your defacto partner put onto your visa so they too can live, work and stay in Australia with you.
    Your partners visa situation will be dependant on yours. If you lost your job/457 visa for any reason, she would not be allowed to remain either.


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    #3
    top madra
    Registered Users Posts: 387 ✭✭top madra


    Hey Pete

    Does that mean that if she was to get on my 457 now that when I apply for my 186 that she would have to get the 820 or would I just add her as an additional person on my 186?

    Heres the story, it's a little complicated and far from ideal but it is what it is hey.

    I'm currently on a 457 and can apply for the 186 in Oct this year. She is on her second year 417 and her visa is up in Nov this year.

    Ideally I like to put her on my 186 when I'm applying in Oct, but because we haven't been living together for 12 months a agent we spoke to (we are not using one, just got advice) recommended that I put her on my 457 now as you only have to be living together 6 months for the 457 and then later in Oct when I'm applying for the 186 to add her too.

    He said if she was already on my 457 that when I apply for the 186 it wouldn't matter that we weren't living together 12 months.

    We have been living together now for 6+ months, have bills in our names, joint bank account etc...

    Just trying to figure the rest of it out :(


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    #4
    pete4130
    Registered Users Posts: 3,944 ✭✭✭pete4130


    I'm not knowledgeable enough to comment on your situation I'm afraid.

    Give Immigration a call and asking them is probably the best way to get definitive answers. They have all the information and can tell you straight up what your situation is.

    I would imagine that adding your partner onto your 457 could probably transition more easily adding them onto your 186 visa. Them being added onto the 457 would show commitment and an ongoing relationship.

    I'd make sure that when you transfer from your 457 onto the 186 how your partners visa status will be affected. You might transfer onto a Bridging Visa A while you wait for your 186 to be finalised and your partner may go on a Bridging Visa A also.

    Again, call immigration/Dept of Border protection early one morning to avoid being on hold and have all your questions written down to get correct answers. Asking them the questions won't affect your application regardless of what you apply for. It takes the uncertainty out of your situation and allows you to plan ahead to get both of you sorted.


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