Family Members 457 Visa

One of the benefits of the Australian Sponsored 457 Visa class is that when you move to Australia, you don’t have to leave your family behind and move alone.
It is more than possible to include your family members as part of your 457 Visa application.

This article provides a little more information about the process associated with the inclusion of family members and the criteria your family members need to meet in order for them to qualify.

Which Family Members Can You Include In your 457 Visa Application?

As of the date of this article, you can include the following people as part of your 457 Visa Application.

  • Your partner (married or de facto)
  • Your or your partner’s dependent children
  • Other dependent relatives.

What requirements will they need to meet?

It’s important to remember that these family members must meet certain requirements for inclusion as part of your 457 application. You’ll also be expected to include documentary evidence confirming the individual’s relationship with you.

The requirements for consideration as part of your application include that your family members are able to show that they meet health and character requirements, and also that they will have the same levels of financial support and health insurance as you.

In addition to this, your 457 Visa sponsor / employer must agree in writing to include them as secondary sponsored persons. They can do this by including the details of your family members in the nomination application, or by providing this information in a letter to be attached to your visa application.

Family Member Assessment Criteria – 457 Visas

We’ll now go into a little more detail about the criteria which needs to be address by each family member as part of your 457 application.

Partner

Your partner can be married to you or they can be your de facto partner. Your de facto partner can be the same or opposite sex.
To be considered ‘your partner’ you must prove:

  • That the relationship with your partner is genuine and continuing
  • That your partner is at least 18 years of age when the application is lodged (there are some exceptions)
  • That you and your partner do not have a parent in common and you are not an ancestor or descendant of one another.

For a married partner, the marriage must be legal under Australian law. For a de facto partner, the relationship needs to have existed for six or 12 months before you lodge the application. The length of the de facto relationship depends on the visa you are applying for.

Dependent child

To include a dependent child in your visa application, the child must be:

  • Your child
  • A stepchild from a current or a previous relationship (in certain circumstances).

Acceptable documents that can show a parent-child relationship include:

  • A certified copy of each child’s birth certificate
  • A certified copy of adoption papers.

Your child or stepchild is considered to be dependent if any of the following criteria apply:

  • They are younger than 18 years of age
  • They have turned 18 years of age and continue to be wholly or substantially reliant on you for their basic needs (food, clothing and shelter)
  • They have a mental or physical disability that stops them from earning a living to support themselves (whether or not they migrate with the applicant). The child can be of any age. The child will still need to meet Australia’s health requirement.

A child of any age is not considered to be dependent if they are currently married, engaged to be married or in a de facto relationship with someone else.

Newborn children

If your child is born after you lodge your application (but before the decision to grant the visa has been reached), you must tell the Australian immigration department as soon as possible. You can do this by contacting the office that is processing your application. The office details will be provided at the time you lodge your application.

If your child is born in Australia after your visa has been granted: If your child is born in Australia, they are automatically granted the same visa you and your partner hold at the time of the child’s birth.

Other family members

A family member can be your parent, brother, sister, grandparent, grandchild, aunt, uncle, niece, nephew or step equivalent.

For any family member that you include in your visa application, you must provide evidence of their:

  • Relationship to you
  • Dependency on you
  • Relationship status (whether they are married, in a de facto relationship, divorced or separated).

This evidence includes:

  • A certified copy of their birth certificate and proof of their relationship to you
  • Documents showing that the relative lives in your household
  • Documents showing that your relative has been dependent on you for at least the 12 months immediately before you lodge your application.

Your family member will be considered dependent if all of the following apply:

  • They do not have a spouse or de facto partner
  • They usually live with you
  • They are wholly or substantially reliant on your financial support for their basic living needs (food, shelter and clothing)
  • They are more reliant on you for support than on any other person or source
  • They have relied on you for at least the 12 months immediately before you lodge your application.

As you can see, it’s all about providing an appropriate amount of evidence that the people you want to include as part of your 457 application are legitimate relatives and not simply associates you are trying to “pass off” as relatives.

How Much Does It Cost To Add Family Members as part of your 457 Visa Application?

The cost of adding members of your family to your 457 Visa application will depend on who the family member is. We’ve covered this off in our 457 Visa Cost article which you can review by clicking here.

We hope you found this article on adding family members to your 457 Visa useful. As always, if you have any comments or questions, please feel free to add them below.

To your success!

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