Entitlements of a spouse visa or 457 visa holder

Posted by juliabennet on August 25th, 2013

So you are interested in applying for a spouse visa or 457 visa but would like to know what it would entitle you to do. In this article we will take a look at what the holders of the two respective visas will be allowed to do.

Spouse visa
A spouse visa may be of two types – temporary or permanent. Each type will entitle you to exercise certain rights within the boundaries of the land of Australia. A temporary spouse visa gives you the right to live in Australia with your spouse, to work and study and to have access to Medicare, which includes the medical benefits expenses and hospital care scheme extended by the government of Australia.

In addition to allowing you to remain permanently in Australia with your spouse, to work and study and to have access to Medicare, a permanent spouse visa, on the other hand, offers you the additional benefit of being eligible for certain social security payments after a qualifying period.

457 visa
The 457 visa program allows skilled overseas workers to be sponsored to temporarily work in Australia by overseas or Australian employers.

The holders of this visa are entitled to be employed in Australia between 1 day and 4 years. The visa also allows them to bring in eligible members of their family, including same sex partners. Unrestricted study and work rights inside Australia are also granted to the holders of the 457 visa. Since there is no limitation on the number of times they can travel in and out of this country, they can come and go as they please.

All the eligible employers must be approved by the Australian government. An employee may decide to move to another sponsor. In that case he or she will be required to acquire a new sponsorship and visa.

An employee may be nominated to fill a certain position by an employer. However, it is up to the Department of Immigration and Citizenship to determine if the visa grant criteria have all been met. Holders can also convert their temporary to permanent residency status. They are permitted to apply for permanent residency with a view to settling permanently in Australia as citizens of the country.

The 457 visa holders are eligible for bank loans and there is no limitation on the number of times they can travel outside the country. Banks do not object to this because most 457 visa holders are in the country on long term employment. The chances of them becoming permanent residents are, therefore, high. The government of Australia has reviewed these visas and made provisions for expediting the process of achieving the permanent residency transition as from 1st July 2012.

This means from this date onwards non-resident workers who hold the 457 visa will have the ability to acquire permanent residency after having worked 2 years with an employer that sponsored them.

These are some of the entitlements enjoyed by the holders of a spouse visa or 457 visa.

Get more information on how a qualified lawyer can help you with your spouse visa or 457 visa.