Can I add my partner to my student visa?
We are often asked by students if it is possible to add their boyfriend or girlfriend as a secondary applicant to their student visa. The short answer is yes, it MAY be eligible depending on your circumstances. It is possible to be added as a secondary applicant both before and after the main applicant has applied for a student visa. Please note whether or not you can add your partner as a secondary applicant is dependent on your specific circumstances.
The main reasons to be added as a secondary applicant to your partners student
- If you don’t want to pay the course tuition fees to study a separate course
- If you have started a relationship with a new partner and don’t want to return home.
- If you have finished your course and your partner still has time to go on their course
Case Study
We previously had a French client who wanted to apply to be added as a secondary applicant to her partners student visa. Here is a little background of her case:
A French girl had met an Argentinian man in Australia and they began a relationship. The French girl was on a working holiday visa, however it was expiring very soon. The Argentinian man had a student visa and his course would not finish for another 18 months. The French girl did not want to study a course in Australia and had no other visa options that would allow her to work in Australia.
Neither the French girl or Argentinian man had listed the other as a De Facto Partner on their previous visa applications
With a little work, we were successfully able to add the French girl as a secondary applicant to her Argentinian partners student visa. We did not need to cancel the Argentinian’s original student visa. The French girl made a separate application to be added as a secondary applicant of her Argentinian partner, provided the correct supporting documents and had her visa was granted roughly three weeks after application.
The French girl was granted a secondary applicant student visa, with limited work rights (40 hours per fortnight). Her visa would expire the same day as her partners student visa.
Frequently Asked Questions
If you are applying for a student visa and there is the possibility that you may want to add them as a secondary applicant after the student visa, then you should consider listing them as a de facto partner on your initial student visa application. If you do not list your partner as a de facto on your initial student visa application, it makes the application process a little more complex and difficult in the future.
Generally speaking, the secondary applicant will be given the same work rights as a student (so you can work for up to 40 hours per fortnight). However this is discretionary granted by the case officer.
Yes you may be able to. However Immigration may ask why you didn’t list them as a de facto partner on your initial student visa application. Just to let you know, “I forgot”, is generally not a good enough excuse. No matter if the relationship is a newly formed or long term relationship, you will need to demonstrate that you meet the De Facto relationship requirement. This means that you have demonstrated commitment to a shared life together, and that you have lived together for 12 months. (*There may be a few ways to get around the 12 months living arrangement) There are also several other steps to take to update your relationship status with Immigration.
You can add your partner as a secondary applicant to most permanent and temporary work visas including the 457 visa and general skilled migration visa
If you apply at the same time of the main applicant the current cost is $460. If you apply separately to the main applicant the cost is $550 (Prices current as of the 10th of July 2019).
It is very common for someone in a relationship to not want to study anymore. Perhaps the couple is under financial stress and can no longer afford two tuitions fees. Perhaps they simply do not want to continue studying the course. Whatever you do, be sure to seek advice before canceling your student visa.. If you cancel your student visa, you will become an unlawful citizen. This means that it may make it a lot more difficult for you in the future to apply for visas. Instead, it may be best to just apply for the new secondary applicant visa whilst on your current visa. Once the new visa is granted, the secondary applicant will no longer need to attend or pay for future tuition fees. For more information about canceling your student visa, read this article
If you break up with your partner, you are no longer the De Facto partner of the main applicant. Therefore, it is a requirement to notify Immigration to changes in the family unit. Consequently, if you break up, you may need to leave Australia, or apply for a different visa.
In case of questions, feel free to reach out to one of our experienced Registered Migration Agents.
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