457 de facto or working holiday first for my partner?

[Nouri]

Hi everyone,

I've been looking for weeks now for information on 457 de facto applications and although I've found plenty of "de facto visa stories", I was unable to find an answer. So here is yet another 457 secondary applicant story.

I am french, currently working in Scotland. Recently, I've been offered a job in Australia to start in October 2009. I've received last friday my nomination approval number for a 457 visa, I am currently in the process of preparing my application for the visa and wish to bring along my partner (who is french as well).

We've known each other for 10 years and have been in a relationship for 7 years. We have plenty of proofs of living together for 6 years (bills, contract leases in France and in Scotland, travel tickets, pictures, etc, etc.). However my partner left Scotland 6 months ago to go travelling abroad in Africa and is only coming back in 3 months, as we planned it (he was supposed to follow me in Scotland for the first 2 years of my current contract, and then travel on the 3rd year before coming back). Obviously, we never thought that firstly I would get a job in Australia and secondly, immigration laws in australia would be that tough.

Anyway, it appears to me now that his little trip abroad probably doesn't comply with the Living Together Requirement (although we still have bills and bank accounts with both names, money transfered to one account to the other, phone bills, etc), as travelling is probably not a "compelling and compassionate circumstance", unless I am missing something.

So, my plan is to proceed with the application anyway, explaining our story in details. If it appears that we wouldn't be granted the visa no matter how much we love each other, I would be applying alone so that he could apply for a working holiday visa and then be added to my 457 visa later, once in Australia and once we've reached the 6 months requirement.

Is it possible to attach my partner holding a WH visa on my 457 visa without him having to go back to France?

I would be really greatful to anyone that could give me advice on the best way to proceed.
Thanks,
Nouri

[Megera]

Originally Posted by Nouri

Hi everyone,

I've been looking for weeks now for information on 457 de facto applications and although I've found plenty of "de facto visa stories", I was unable to find an answer. So here is yet another 457 secondary applicant story.

I am french, currently working in Scotland. Recently, I've been offered a job in Australia to start in October 2009. I've received last friday my nomination approval number for a 457 visa, I am currently in the process of preparing my application for the visa and wish to bring along my partner (who is french as well).

We've known each other for 10 years and have been in a relationship for 7 years. We have plenty of proofs of living together for 6 years (bills, contract leases in France and in Scotland, travel tickets, pictures, etc, etc.). However my partner left Scotland 6 months ago to go travelling abroad in Africa and is only coming back in 3 months, as we planned it (he was supposed to follow me in Scotland for the first 2 years of my current contract, and then travel on the 3rd year before coming back). Obviously, we never thought that firstly I would get a job in Australia and secondly, immigration laws in australia would be that tough.

Anyway, it appears to me now that his little trip abroad probably doesn't comply with the Living Together Requirement (although we still have bills and bank accounts with both names, money transfered to one account to the other, phone bills, etc), as travelling is probably not a "compelling and compassionate circumstance", unless I am missing something.

So, my plan is to proceed with the application anyway, explaining our story in details. If it appears that we wouldn't be granted the visa no matter how much we love each other, I would be applying alone so that he could apply for a working holiday visa and then be added to my 457 visa later, once in Australia and once we've reached the 6 months requirement.

Is it possible to attach my partner holding a WH visa on my 457 visa without him having to go back to France?

I would be really greatful to anyone that could give me advice on the best way to proceed.
Thanks,
Nouri

Hi,

If you and your partner are still together - and have been together (relationship wise not physically) while he was travelling then I don't see what the problem will be? When you apply you can state in your letter (because I'm pretty sure you'll need to write a letter) that you travelling for 6 months wasn't feasible which is why you didn't join him --- or some other reason as long as it's not "we broke up while he travelled". All of this will be helped if you have evidence that you kept in contact while he was away - emails, letters, cards, etc.
Because you've been in a relationship for 7 years (especially if you have bills/etc going back that far) I think 6 months apart won't be a big deal. (mind you this is just MY opinion!)

As for the WHV.. The Australian WHV is a bit strict in that you aren't allowed to be employed by the same place for longer than 3 months. It sounds like it really is meant for you to work and travel around Australia (unlike the Canadian one for example that doesn't place that kind of restriction). The rules get even stricter if you apply for a second year extension. I'm assuming your partner meets the age requirements for the WHV?
If your partner applies for the WHV if will be completely separate from your 457 application. You can't just add a WHV in with it.

I'm not sure how long 457 visas take to process but it could be that it takes long enough to process that you will meet the defacto requirement again before your visa is granted.


If you are really worried by it all, it might not hurt to contact an agent. What I've stated above is just my opinion from going through a regular defacto application and from reading other people's experiences.

Best of luck!

[Nouri]

Thanks very much Megera for your valuable advices. We've decided to go for the most rational way and are about to send our application for the 457 Visa before the end of next week, so fingers crossed!