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:
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.
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:
- 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
- Is wholly or substantially reliant on you for financial support to meet his or her basic needs of food, clothing and shelter; and
- 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.
You may be able to include adult dependents if they are:
- A relative of you or your spouse/de-facto partner; and
- He or she does not have a spouse or de-facto partner; and
- He or she is usually a resident of your household; and
- 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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