Secondary Applicant Eligibility

If you hold a primary Subclass 457 visa, certain other persons connected to you may apply to be considered secondary Subclass 457 visa holders and as such be able to accompany and reside with you while you are in Australia. These include:

• your partner
• dependent child(ren) of yours or those of your partner
• other dependent relatives of yours or your partners

Partner

A partner refers to your spouse (married partner) or de facto partner. This includes same-sex partners.

Dependent child

A dependent child is the biological child or stepchild of either yourself or your partner over which you or your partner has legal responsibility. To be dependent the child must:

• be under the age of 18
• not be married, engaged to be married, or in a de facto relationship
• If 18 or over, wholly and substantially relient on you or your partner for their basic needs or are incapacitated for work.

Other dependent relatives

Other relatives of yourself or your partners can be taken into account in the visa application if:

• there is no other relative other than yourself or your partner able to tend to them in their country
• they are not currently married, engaged to be married or in a de facto relationship
• they usually reside in your household
• they rely on yours or your partners financial support for their basic needs
• they have been supported by you or your partner for a substantial period of time
• they rely on you or your partner more than any other person or source.

Subsequent visas for secondary Subclass 457 visa holders

Some holders of secondary Subclass 457 - Business (Long Stay) visas may now, in successive Subclass 457 visa applications, retain their status as a member of the family unit (MOFU) of a primary Subclass 457 visa holder, without needing to again satisfy the general MOFU requirements. Secondary Subclass 457 visa holders will not need to prove their MOFU status for a subsequent Subclass 457 visa application if at the time of the decision on the subsequent application, they:

• are under 21 years of age
• are not married or in a de facto relationship

To qualify for the MOFU extension, the person must have been the MOFU (other than a partner) of the primary Subclass 457 visa holder when granted their initial secondary Subclass 457 visa status.

To be eligible for the MOFU extension, the person must have been granted their initial Subclass 457 visa on the basis that they were the MOFU (other than a partner) of the primary Subclass 457 visa holder.

A person will not be able to meet the new requirements in circumstances where they were initially granted a Subclass 457 visa on the basis that they were one of the following:

• a dependent child of the partner of a primary Subclass 457 visa holder
• a dependent child of a dependent child of the partner of a primary Subclass 457 visa holder
• a relative of the partner of the primary Subclass 457 visa holder
• a dependent child of an interdependent partner of a primary Subclass 457 visa holder

and the partner relationship has ceased at time of decision on the subsequent Subclass 457 visa application.

Health requirements

Health requirements need to be met by all secondary applicants included in the visa application.

Health insurance requirements

It is compulsory that persons granted a Subclass 457 visa make and maintain arrangements to secure adequate health insurance arrangements for the length of their visa. Applicants for this visa will be required to show evidence that this has been obtained before approval of their visa application can occur.

Character requirements

All secondary applicants included in the visa application are required to be 'of good character' in order to live in or visit Australia. This is determined by Australian authorities and you may be asked to provide evidence such as police certificates for every country you have resided in since turning 16 years of age for 12 months or longer over the previous ten (10) years.

Work and study

All successful secondary applicants for this visa are automatically granted full work and study rights in Australia.

Australian Values Statement

Adult applicants aged 18 years and over are required to declare respect for Australian values and obedience to Australian laws. The values statement for this visa is incorporated in the general declaration section of the application documents. Signing the application form therefore incorporates the signing of the Australian values statement and denotes that you accept Australian values and laws. It is not required that you read the Life in Australia book, but it is beneficial to do so.

Before you lodge an application for this visa it is important that you attain a thorough understanding of Australia, Australians and the Australian way of life.