Long-Term Work 457 Visa – Including Your Family Members & Dependents

Spouse and your children

If you are including your spouse, then generally, you just need to provide a copy of your marriage certificate.

If you are including your spouse and your children, then for your children, you will need to provide copies of their full abridged birth certificates that state the names of both biological parents. This is assuming that you and your spouse are the biological parents and that this is confirmed in the birth certificate.

The more complicated cases in relation to including dependents are outlined below:

De-facto partners

Generally speaking, you should to provide documents that demonstrate that you and your de-facto partner have been living together for at least 6 months prior to the lodgement of the visa application.

This should be sufficient but whether it is sufficient will depend on the type of evidence that you can provide, and the discretion of your case officer.

See post in relation to evidencing your relationship.

Adult children

If you want to include a dependent child who is 18 years of age or over, then you will need to provide evidence which demonstrates your adult child’s dependency on you. You will need to show that he or she:

  1. Has been dependent on you for a substantial period of time and this period of dependency immediately precedes the lodgement of your application (generally speaking, for at least a 12 month period); and
  2. Is wholly or substantially reliant on you for financial support to meet his or her basic needs of food, clothing and shelter; and
  3. Is reliant on you to cover the cost of their basic needs and this reliance is greater than any reliance that he or she has on any other person, or source of support/income (e.g. financial support from the government, part-time job etc.).

Financial dependency is the only consideration (as oppose to emotional or other forms of dependency).

DIAC’s policy does state that if your child is undertaking his or her first major undergraduate qualification, and he or she is wholly or substantially reliant you to cover the cost of their basic needs, then it is presumed that this child is dependent on you.

Including an adult dependent child can be a complex. I suggest that you seek professional assistance to determine whether your adult child meets the definition of a dependent.

Children and custody

Custody is an issue where both biological parents aren’t included in the application.

If you want to include your child and your child’s other biological parent is not included, you’ll need to provide evidence to show that you have legal custody over your child and that you have the right to bring your child to Australia.

DIAC will generally require you to provide Court documentation which confirms custody.

Other dependents

You may be able to include adult dependents if they are:

  1. A relative of you or your spouse/de-facto partner; and
  2. He or she does not have a spouse or de-facto partner; and
  3. He or she is usually a resident of your household; and
  4. He or she is dependent on you.

Other than your children and spouse/partner, a relative is defined as a parent, brother, sister, step-child, step-brother, step-sister, a grandparent, grandchild, aunt, uncle, niece or nephew, or a step-grandparent, step-grandchild, step-aunt, step-uncle, step-niece or step-nephew.

The definition of dependency is pretty much the same as the definition stated above for a dependent adult child.

Like with an adult dependent child, including other dependents can be quiet complicated. I suggest that you seek professional advice to determine whether your dependents are eligible for inclusion in your application.

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304 thoughts on “Long-Term Work 457 Visa – Including Your Family Members & Dependents

  1. Alfy

    Hi Peng

    My 457 dependant visa has already been lodged. Can i apply for a tourist visa and travel to Australia while my dependant visa is under process. Will there be any issue in this.

    Reply
    1. Peng Cheng Post author

      I would suggest waiting until your 457 visa is approved. Tourist visa isn’t really appropriate for people who intend to live in Australia on a long term basis as a 457 visa holder.
      PC

      Reply
  2. Gita

    Hi Peng,
    I am a secondary 457 visa holder and my husband is a primary holder. Can I become a primary holder If i get sponsored by an employer and If my husband is unable to get a sponsorer after the current contract gets over.

    Reply
  3. Sagar Shirsath

    Hi,
    Myself Dr Sagar Shirsath working in UNSW and holding 457 VISA, that for 2 years. I got my 457 visa on 2 June 2017. Now I wish to bring my wife and children to Australia. Please suggest the VISA category.

    Thanks in advance
    Sagar

    Reply
  4. Nick

    Hi Peng,
    How long dependent can work on 457 visa if Primary applicant is going back to home country?
    Or Primary applicant needs to be here in Australia all the time?

    Reply
    1. Peng Cheng Post author

      ​Hi Nick,
      How long dependent can work on 457 visa if Primary applicant is going back to home country?​ As long as you want – there aren’t any work restrictions for dependent 457 visa holders.​
      Or Primary applicant needs to be here in Australia all the time?​ No.
      PC​

      Reply
  5. Ravi

    Hi Peng,

    My wife’s 457 is being processed. When can I apply for dependent Visa? Can I do immediately or after a certain interval?

    Reply
    1. Peng Cheng Post author

      Hi Ravi,
      You can apply for the dependent 457 visa after the primary 457 visa is approved.
      PC

      Reply
  6. shraddha

    Hi,
    Can secondary applicant to a 457 visa work in australia? Do they require employer sponsorship too? For instance my husband is working on 457 visa and I am dependent on him; so if i apply for a job in Australia, do i need to be sponsored by an employer too or does it count as a family visa?
    Thank You

    Reply
    1. Peng Cheng Post author

      Hi Shraddha,
      A dependent 457 visa already gives you full and unrestricted work rights.
      PC

      Reply
  7. TC

    Hi Peng,

    My ex-husband is currently working in AU for quite sometime now, holding a working visa 457. Me and his children (with ages below 17) is living outside AU and haven’t been to AU yet. Can my ex-husband apply for a permanent residency together with his children even if we are not legally separated / annulled / divorced yet? Can I just submit a signed document that I am willingly giving our children’s custody to him, since they are going to live and study in AU?

    Reply
    1. Peng Cheng Post author

      Hi TC,
      Please see Department website: http://www.border.gov.au/Trav/Visa/Incl
      Australia must fulfil its international obligations in relation to the prevention of child abduction.

      If a child is applying for a visa (on their own or as part of a family unit) and they are under 18 years of age, each person who has the legal right to decide where the child lives may be required to either give consent for the visa to be granted, or provide a court order allowing the grant of the visa to the child.
      Acceptable documents include certified copies of:
      an overseas court order giving you the sole right to decide where the child should live
      a completed form 1229 Consent to grant an Australian visa
      to a child under the age of 18 years
      a statutory declaration, signed by the child’s other parent (or other person with a legal right to decide where the child lives), that allows you to take the child to Australia
      a death certificate for the other parent and other documents giving you the sole right to decide where the child should live, or
      an Australian court order giving you the sole right to decide where the child should live.
      PC

      Reply
  8. Ashley

    Hi,
    I recently got married to my wife who is on a 457visa.I want to become dependent on her visa. Can you please advice which form do we need to complete.
    Thanks.

    Reply
  9. Stephanie Ting

    Hi Peng,

    I am the primary 457 visa holder and my spouse plans to join me in Australia a year later in sept 2018.

    1) Can he apply after me?
    2) What kind of visa should I be looking to apply for him so that he can work in Australia too?

    thanks for your help
    steph

    Reply
    1. Peng Cheng Post author

      Hi Steph,
      He can apply for a dependent 457 visa after you – this would give him unrestricted work rights if granted.
      PC

      Reply
  10. Mary Grace Travilla

    Hi Peng,

    My husband was granted a 457 visa, how long would it takes for me to follow him in Australia?

    Thank you and hoping for your immediate response.

    Regards,

    Grace

    Reply
    1. Peng Cheng Post author

      Hi Grace,
      You can travel once you get a visa for Australia as well.
      Department processing time for dependent 457 visa is around 6-8 weeks or longer.
      PC

      Reply
  11. Mel

    Hi,

    My son is the primary 457 visa holder and has been in Australia for 18 months. His dad is very ill back home. May he leave the country while his wife and kids remain in Australia to visit his dad for 2 weeks?

    Thanks
    Mel

    Reply
  12. Hi Peng

    Hi Peng am currently
    On 457 visa. JST wanna ask
    Am I able to sponsor my brother
    Or sister to come to Australia as a visitor….

    It will be appreciated if u give me advice….

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi JST,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  13. Gurdip

    Hi Peng
    I have applied for my wife’s 457 dependent visa.the file has opened 2 weeks ago and they asked for to fill 1221i form and send them back .we did that on the same day and sent that back.now it’s been more than 2 weeks .but I haven’t heard anything from them.could you please tell me how long they will take more to grant visa?please reply
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Gurdip,
      Usually takes a few weeks for the case officer to make a decision once they have all required documents.
      Sorry but there isn’t any set processing time – DIBP’s general response is that it will take the time necessary to assess all the legal requirements if you call them.
      PC

      Reply
      1. Gurdip

        Hi Peng
        Thanks so much for your reply sir.i wanna to ask u one more question that should I call immigration office and ask that why they taking so long bcz it’s been 3 weeks today since the file has been opened.or should I just wait for there response.thanks very much again.

        Reply
  14. Petronilo orolfo

    Hi Peng,
    I am 457 worker here in mining christmas island ,Do I’m allowed to bring my wife and two children even they are in age of 30 and 29 both still depend on me and still single.?
    Respectfully yours,
    Pete

    Reply
  15. Sheila Tapiador

    Hi Peng,

    Does a temporary resident 457 visa holder eligible to send their belongings (e.g. Personal items, blankets and some kitchenware) to Australia?

    if it’s eligible, is there a tax for it?

    Regards,
    Sheila

    Reply
  16. Rosalin

    Hi Peng,

    What is processing time for Australian 457 dependent visa? Its been more than 50 days we have applied but did not hear anything back.
    Is there any delay going on from Authority end?

    Reply
    1. Yinfu

      Hi Peng,
      I am on 457 visa more than 3 years in Brisbane, and I am sponsored by my company. But my company doesn’t sponsor my family (my wife and my daughter). In this case, can I apply 457 visa for my family by myself without notifying my company, especially there is some new policy recently and my visa will be expired in March, 2018?
      Regards,
      Yinfu

      Reply
      1. Peng Cheng Post author

        Hi Yinfu,
        Sorry but Department would need to confirm the business’ support for these applications.
        PC

        Reply
  17. Palwinder

    Hi Peng…. I’m on 457 visa and my children are overseas..I want to bring them over here ….can you please tell me what is the number of form application I have to fill …because I want to do myself…if possible can you please send me a link…. thanks

    Reply
    1. Peng Cheng Post author

      Hi Palwinder,
      Create immiaccount on Department’s website to access the online 457 dependent visa form.
      PC

      Reply
  18. msr

    Hi Peng,
    I am the primary 457 visa holder. I am planning to bring my Spouse and Kid to Australia on Dependant Visa. I have created ImmiAccount for both of them for creating HAPID. Can you please assist me which visa Subclass should i need to select for my dependant spouse and children(3 years age).

    Thanks..

    Reply
    1. Peng Cheng Post author

      Hi MSR,
      You’ll find the dependent 457 visa online form under ‘New application’, 457 temporary visa.
      PC

      Reply
  19. Charly Asister

    hi peng,
    i am a 457 visa dependent for my father, i would ask if is it possible to my girlfriend to come with me even where not married and im still dependent..

    regards
    charly

    Reply
  20. Aana

    Hi Peng,
    I am the primary 457 visa holder and my husband and child are dependent visa holders and we are in Australia.
    My employer wants to attend few meetings in new Zealand on business visa.
    1. Will my 457 visa get cancelled?
    2. Can I go alone leaving my spouse and child in Australia and later join in 3 weeks?

    Reply

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