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

  1. Jerry Sandol

    Iam on 457 visa and working in a meat works in Oakey brisbane and am thinking of bringing the following dependent over,

    – Spouse
    -My four children all under 18 years of age
    – My younger brother 21 years of age who is entirely dependent on me for the last ten years.

    Are they entiled to come stay with me?

    Regards
    Jerry

    Reply
    1. Peng Cheng Post author

      Hi Jerry,
      Yes it is possible for all your listed family members, if they meet the eligibility requirements.
      PC

      Reply
  2. David

    Hi Peng

    I have been offer a job by an employer last week he send me the copy of the contract and the letter of the immigration lawyer and ask me to fly with a touristic visa do the first week of work and then if I suit the position we will go for the 457.Do you think is a risk that I should take is this the usual way to get the 457 visa…??

    Please advise me on this matter

    Regards

    Reply
    1. Peng Cheng Post author

      Hi David,
      I wouldn’t recommend to work on a tourist visa, but whether you can work for a limited time on a tourist visa is debatable – law isn’t exactly clear on this point. I assume that your employer’s lawyer is taking the view that a trial week of work is ok.
      PC

      Reply
  3. Stephanie

    Hi, I came over in January 2012 on my partner’s 457 visa, which lasts until January 2016. I am soon returning to the UK as I was on a 12 month career break; my partner is staying in Australia for a few more years.

    If I were to decide I wanted to return to Australia during the period of the 457 visa, while my partner was still here, would I be able to do this under this visa?
    Many thanks, Stephanie

    Reply
  4. rose

    Hi Peng! id like to know, Im a 457 long term dependent visa holder (my husband is the primary) does that mean Im allowed to work under my husband company since they are the one’s who sponsored my visa? thank!

    Reply
    1. Peng Cheng Post author

      Hi Rose,
      You can work for any company, including your husband’s employer. You have unrestricted work rights.
      PC

      Reply
  5. vinay

    Hi,

    I want to bring my 1 child who is 1 year old to join me along with my wife.Myself being in aus with 457 visa and my wife in india with 457 visa,I want them to join me for only 1 month,what visa shd i apply for my child.

    thanks/Vinay

    Reply
  6. Sam

    Hello,
    My wife is traveling to Aus for 15 days on a project. She hold working long stay 457 visa as she is suppose to travel multiple times for next few months. Me and my daughter have be granted Temporary Business Long Stay (Subclass 457) Visa. Can we travel with her for 15 days or we do we need to get a tourist visa? Her company guys told that we cannot travel for short term on this visa.
    Thanks,
    Sam

    Reply
  7. SA

    Hi Peng,

    I have a dependant 457 visa(my husbad is the primary applicant). I shall be traveling to Australia and would need to work off and on, remotely, for my employer in India for the next three months. Is that legally allowed ?

    thanks.
    Best Rgds,
    Shilpa.

    Reply
  8. Abigail

    Hi

    I am on a subclass 457 visa sponsored by my company in India….. My husband has got a 457 secondary subclass visa which was also applied through my company…. I have a few questions

    1) Is he allowed to work for any employer in Australia without doing any visa transfer while he is on this visa.

    2) If he finds a job, Is he allowed to stay back and continue working when I return to India at the end of my assignment here, considering that the visa is still valid.

    3) What is the process to apply for a visa transfer/employer sponsored 457 visa in Australia and how long does this take?

    It would be really appreciated if you could help me out here

    Thanks in advance

    Regards

    Abigail

    Reply
  9. Rahman

    Dear Peng,

    I am going to apply for my 457 visa, my wife is included in the visa …i just want to know if i can include my younger brother who’s age is 14years old.. He is my dependent for the last 2 years.

    Should i include him before or after the lodgement of my visa …

    Can you please elaborate the situation.

    Regards

    Wasee

    Reply
    1. Peng Cheng Post author

      Hi Wasee,
      It is possible if he is financially dependent on you – you will need to prove this. You can add him or later.
      PC

      Reply
  10. michelle

    Hi Peng

    My fiance and I are getting married on 2015 only. His employer would sponsor him on a 457 visa. Since the spouse/ de facto is allowed being the dependent on his visa, my questions are: What is the best time he could get me, is it during the first time he would lodge his application or later once we get hitched already? When is the time that i would be allowed to get pregnant, is it after he got his PR?

    Reply
    1. Peng Cheng Post author

      Hi Michelle,
      You can be included in the initial application – assuming that you meet the eligibility requirements. Migration law doesn’t really dictate when you can and can’t get pregnant – you can have a baby as a 457 temporary visa holder.
      PC

      Reply
  11. Katya

    Hi
    I’m on 457 visa. Can I bring my mother (62 yo) on my visa or it’s easier to apply for tourist visa

    Thanks
    Katya

    Reply
    1. Peng Cheng Post author

      Hi Katya,
      For a dependent 457 visa – your mother would need to be:
      1. Financially dependent on you
      2. Usually resident with you
      3. Doesn’t have a spouse or de-facto partner.
      Otherwise she may need to apply for a tourist visa.
      PC

      Reply
  12. john mark depra

    hi peng

    pls. help!! my father, having 457 visa works at australia and i’m his eldest son, i graduated as mechanical engineer last april this year 2013 and also passed the licensure exam(september 2013) in the philippines. is it possible for me to be with my father using the 457 visa? i plan to study and be an engineer of australia and to work and live their.

    Reply
    1. Peng Cheng Post author

      Hi John,

      You would need to prove that you are a ‘dependent child’.
      As outlined above:
      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.).
      PC

      Reply
  13. ARP

    Dear Peng,
    Please Help. Below is my description of visa. I am from India.

    Visa description :- TEMPORARY RESIDENT
    Visa class / subclass :- UC / 457
    Visa applicant: Primary
    Visa grant date 09 January 2013
    Visa expiry date 09 January 2017
    Location: Onshore
    Visa status: In Effect

    I am on business trip sponsored by my employer. Tentative end date of my assignment is 31-Jan-2014. I am alreadt in Australia. My wife has valid 457 dependent visa whose validity is same as of mine. Her visa was sponsored by my employer(same employer who has sponsored mine visa).

    My wife couldnt accompany me when I arrived in australia in last week. Now she wants to come to Australia on the dependent visa she have.

    Visa condtion in her visa grant letter is 8501 – MAINTAIN HEALTH INSURANCE.

    Please let me know if she can travel on the same visa from India to Australia and back with me?

    Is there any formality to be done by sponsorer.

    What type of insurnace/other formality she needs to furnish.

    It will be extremely greatful if you can respond.

    Thx
    ARP

    Reply
    1. Peng Cheng Post author

      Hi ARP,
      She can travel to Australia on that visa. The sponsor doesn’t have to undertake any formalities. She should already have insurance that is appropriate for 457 visa holders. Sometimes this insurance is purchased by the visa holder, sometimes it is purchased by their employer. There is no legal requirement in relation to who purchases the insurance so it is a matter for you to discuss with your employer. She does need to have appropriate health insurance before arriving.
      PC

      Reply
  14. joyce

    Hi PC,
    Im wounding can we put my son on my partners 457 visa we have been in austraila since April 2012 .he has had a eye injury and now has no sight in his left eye and is unable to get work in ireland ,
    thanks

    Reply
    1. Peng Cheng Post author

      Hi Joyce
      The requirements in attaching your son to your partner’s 457 visa really depends on how old your son is.
      If your son is over the age of 18, you will need to provide evidence and prove that he is financially dependent on you and that this financial dependence is greater than his financial dependence on any other source (for example, his own income).
      If your son is under 18, then you can bring him in if you can show that you have legal right/custody over your son.
      PC

      Reply
  15. Vitaliy

    Hi Peng,
    I have been on 457 Visa for one year and now just finished a degree for my profession and will be getting an ENS Direct Entry sponsorship from my employer for Permanent Residence, can I put my mother as a dependent as I have been sending her money overseas via Western Union for past 7 month and now I got her a tourist visa to come to Australia to stay with me. She is divorced and completely rely on my support should I wait for another 5 month for her to live with me or that 7 month will be sufficient for Immigration?

    Reply
    1. Peng Cheng Post author

      Hi Vitaliy,
      The legislation doesn’t define a specific period that she needs to live with you in order to be satisfy the requirement of ‘usually resident in the family head’s household’. She may be able to satisfy the requirement with 7 months – the longer she lives with you, the better. I’d say 12 months of evidence should be OK.
      PC

      Reply
  16. Beko

    Hello Peng

    I am currently on a 457 and want to bring my 8 year old dependent child over. I currently have sole custody from the high court of my home country. Do I still need to get the father of my child to complete form 1229 and must I provide financial evidence for my child?

    Reply
    1. Peng Cheng Post author

      Hi Beko,
      I think that a birth certificate and the court document should be sufficient, but it is really up to the individual case officer.
      PC

      Reply
  17. Sudhakar

    Hi,

    I am currently on a 457 Visa and I would like to bring my parents here to stay with me. Both my father(68) and mother (62)are not working and they are financially dependent on me for past 7 years.

    Please let me know if it is possible to get them under dependent visa? OR should I go only with tourist visa?

    Reply
      1. Sudhakar

        Can I bring them in a tourist visa? Please let me know the options to bring them with me atleast for a short term of 3 to 4 months..

        Reply
        1. Peng Cheng Post author

          Hi Sudhakar,
          Sure you can give the tourist visa application a go – good luck with the application.
          PC

          Reply
          1. Sudhakar

            Thank you!!! Its great to see your immediate response. Have one last query. Can I apply for Electronic Travel Authority (Subclass 601) for both of my parents from India? They both have valid Indian passports.

            . I checked the list of countries who are allowed to apply for this online, but India is not listed in that. So I think I should go through some travel Agent. Normally how long does it take to get processed

          2. Peng Cheng Post author

            Hi Sudhakar,
            They can’t apply for an ETA because they have Indian passports. Processing time for a visitor visa is around 2-4 weeks.
            PC

  18. Craig

    Hi Peng,

    I am currently holding 457 Visa and getting married next month in my home country and I would like to include my wife into my sponsorship. what is the full procedure to bring my partner to Australia?

    1) My partner lives overseas and thinking to apply for fresh passport. Is it better to wait until we get married next month and then apply for fresh passport with my name on it as a husband?
    2) Is it better to apply from Australia or from overseas ?
    5) What are the documents do we (Me and My Partner) need to provide?
    6) Is this VISA subclass 309 and then 100 ?
    7) What is the processing time for this VISA?

    Looking forward to receive your feedback.

    Thanks in advance.

    Reply
    1. Peng Cheng Post author

      Hi Craig,
      1. If you are applying on the basis of marriage, then you need to wait until you have the marriage certificate. Otherwise you need to prove that you have been in a de-facto relationship for at least 12 months. Getting a new passport shouldn’t impact the application
      2. Whether she is in or outside of Australia shouldn’t impact the processing of the application
      3. Passport, marriage certificate (if applicable), evidence of relationship, health insurance, letter of support from your sponsor confirming that they will sponsor her for a 457 visa

      She would be applying for a dependent 457 visa. Processing time is around 2-4 weeks.

      PC

      Reply
  19. dilpreet

    hi, i hve 457 visa in sydey. my elder brother want to come here can i help him through my 457 or just tourist please let me know what i hve to do for him thanks

    Reply
    1. Peng Cheng Post author

      Hi Dilpreet,
      I don’t think that you will be able to help your brother just because you have a 457 visa. A tourist visa may be appropriate.
      PC

      Reply
  20. ronan

    Hi,
    I am on a 457 visa.
    My mother usually stays with me and during my 2 year stay in australia she has been with me for more than a year on a tourist visa.

    she is married ,yet as i am a working professional ,she stays with me to help me out.

    Can I apply for her as a dependent member on my 457.

    Exactly what documents will we require for that,to prove her dependency on me.

    thanks

    ronan

    Reply
  21. Alexandr

    Hi, my wife and I are on 457 visa and we’d like to add my sister-in-law (unmarried & w/o any dependant children) to my visa so she can help us out w/our newborn for a few years. Possible?

    Reply
    1. Peng Cheng Post author

      Hi Alexandr,
      She would need to be a member of your family unit, and be financially dependent on you.
      PC

      Reply
  22. Aleesha

    Pls help me ..my husband has subclass visa 457 and he applied a visa form to bring his dependent n every document is provided which was asked by immigration n immigration sent him a letter that he should write a letter from those who provide him a 457visa n they refuse to give him letter n now what we should do,,,without that letter is it possible that wecan get i can get a dependent visa…pls help me is there any alternate solution

    Reply
    1. Peng Cheng Post author

      Hi Aleesha,
      You do need a letter of support from the employer confirming that they will sponsor the dependent 457 visa applicant.
      PC

      Reply
  23. kelly

    Hie
    l am on 457 visa and my husband is the primary applicant. I would like to bring my mother and two children from my previous marriage. I was staying with my mother for the past ten years. My father is late. I send them money every moth for rentals and food. Can l include them in my visa. And does my husbands employer need to sponsor them or l can just add them?

    Reply
    1. Peng Cheng Post author

      Hi Kelly,
      The employer would need to provide sponsorship for the application. For adult dependents over 18, you generally need to show that she has lived with you and is financially dependent on you.
      You can only bring children from a prior marriage if you have the legal custody to bring these children to Australia, or the person with legal guardianship consents to this.
      PC

      Reply
  24. Chandler

    I am 18 and on a 457 dependent visa with my mom I have lived here for two years now can I apply for a PR even if my mom doesn’t?

    Reply
  25. Jhaku Sharma

    hello,
    i am on 457 visa in australia, can i apply my parents as my dependent. i am financially supporting them to live there. thank you

    Reply
  26. kirsten

    Hello I am 457 secondary visa holder and my dad is the primary visa holder, But I want to be with my fiance already is it possible for him to be here I’m 21.

    Reply

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