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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

 

  1. If you don’t want to pay the course tuition fees to study a separate course
  2. If you have started a relationship with a new partner and don’t want to return home.
  3. 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.

Studying abroad can be an enriching experience, not just for the student but also for their family members. Earning a degree in Australia can be a transformative experience, but it can be even more rewarding when shared with your loved ones.

Fortunately, the Australian government recognizes this, allowing international students to bring their families along through Student Dependent Visas.

In this guide, we’ll dive into the specifics of the student dependent visa in Australia, focusing on the process, costs, and eligibility criteria, tailored especially for Pakistani students studying in Australia.

What is a Student Dependent Visa in Australia?

A student dependent visa is a practical and documented way to be with your loved one. It is granted to the family members of a student visa holder to accompany them during their studies.

Dependent visas are usually available to close family members of the primary visa holder. This means you can bring your spouse, partner, or unmarried children under 18 (or under 25 if they’re financially dependent and studying full-time) with you to Australia.

Types of Dependent Visas

There are two main types of dependent visas relevant to Pakistani students:

Subclass 500 Dependent (Student Visa)

This visa allows spouses and children under 18 (or 25 if unmarried and financially dependent) to accompany the student visa holder.

Subclass 590 Student Guardian Visa

This visa is for parents or legal guardians of students under 18 who will be studying for more than 12 months.

Eligibility for Student Dependent Visas

To be eligible for a student dependent visa, your family members must:

  • Spouse/Partner: You can bring your spouse or partner.
  • Unmarried Children: You can bring your unmarried children under 18 years old.
  • Older Dependent Children (exceptions exist): In some cases, you can bring unmarried children who are:
    • Between 18 and 25 years old, studying full-time in Australia, and financially dependent on you.
    • Over 18 years old and have a disability that requires significant care and support.

Additional Eligibility Criteria

  • Main Applicant: You must hold a valid Subclass 500 Student Visa.
  • Genuine Relationship: You must demonstrate a genuine and continuing relationship with your dependents (marriage certificate, relationship evidence for partners).
  • Financial Requirements: You’ll need to provide evidence of sufficient funds to support yourself and your dependents during your stay in Australia. This includes living expenses, education costs, and Overseas Student Health Cover (OSHC) for everyone.
  • Health Requirements: Some dependents may need to undergo health checks to meet visa requirements.

To apply for a student dependent visa, one must have sufficient funds to support their case; the more funds in their account, the higher the chances they have for their visa being accepted.
Need help strengthening your dependent visa application? HS Consultants can guide you through the process and increase your chances of success.

Application Process

The application process for a Student Dependent Visa in Australia can seem complex, but here’s a breakdown to help you navigate it:

1. Check Eligibility

  • Make sure you and your dependents meet the eligibility criteria outlined earlier.
  • Verify if any exemptions or exceptions might apply to your specific situation.

2. Choose Your Application Method

  • Online: Applying online is the preferred method. You can complete the application form, upload documents, and pay fees electronically.
  • Through a Registered Migration Agent: They can handle the application process for you, but fees apply.

3. Gather Required Documents

  • Form 157A: Application form for each dependent.
  • Form 919: Nomination of student dependents form (completed by the main student visa holder).
  • Passports: Valid passports for each dependent.
  • Identification Documents: Birth certificates, marriage certificate/partner declaration.
  • Evidence of Relationship: Marriage certificate, joint bank statements, etc.
  • Proof of Financial Support: Documents demonstrating sufficient funds for your stay, including living expenses, student costs, and OSHC.
  • Education Documents: Confirmation of Enrolment (CoE) for your student visa, school acceptance letters for children.
  • Health Documents: If requested, medical certificates for dependents.
  • Overseas Student Health Cover (OSHC): Evidence of OSHC for each dependent.

4. Submit Your Application

  • Online: Follow instructions on the Immi website.
  • Migration Agent: They will handle the submission.

5. Processing Time

  • Applications can take up to 4 months to process.

Additional Tips:

  • Start early! Begin gathering documents well in advance to avoid delays.
  • Ensure all documents are clear, legible, and translated if necessary.
  • Pay close attention to application deadlines and instructions.
  • Consider seeking professional guidance from a study abroad consultant.

Costs and Fees

The application fee for a Subclass 500 Dependent visa is AUD 600, and AUD 495 for Subclass 590. Additionally, dependents will need to cover health insurance costs, living expenses, and travel expenses. Plan for higher living costs in major cities like Sydney and Melbourne.
The visa application fees for dependents vary and should be checked on the official website of the Australian government.

Working Conditions for Dependents

The working conditions for dependents on a Student Dependent Visa in Australia depend on several factors, including:

1. Level of Your Student Visa

  • Master’s by Research or Doctoral Degree: Your partner/spouse can work unlimited hours with this visa.
  • Bachelor’s Degree or Other Courses: Your partner/spouse can generally work for 48 hours per fortnight (24 hours per week) during semesters and full-time during semester breaks.

2. Type of Dependent

  • Children Under 18: Cannot work unless they obtain a separate work visa.
  • Children Over 18: Generally, they cannot work unless they meet specific criteria, such as being financially dependent on you and studying full-time in Australia. They would then need a separate work visa.

3. Other Factors

  • Occupation and Industry: Certain occupations or industries may have additional requirements or limitations.
  • Employer: Some employers might have specific visa sponsorship policies.
Points to Remember:
  • Dependents must comply with all work visa conditions, such as tax obligations and reporting requirements.
  • Working hours cannot interfere with their studies or the main student’s studies.
  • Dependents may need to apply for a Tax File Number (TFN) to work legally.

Additional Considerations

  • Healthcare: Dependents are covered by the student’s Overseas Student Health Cover (OSHC).
  • Education: Children can attend public schools, but fees apply. Explore scholarship and financial aid options.
  • Cultural Differences and Language Barriers: Be prepared for cultural adjustments and language barriers. Utilize resources like community groups and language learning programs.

If you still need any guidance, contact HS Consultants. We will guide you through each step to get your Australian student dependent visa.

Conclusion

Bringing your family on your study journey in Australia can enrich your experience and provide invaluable support.
By understanding the visa requirements, application process, and other considerations, you can ensure a smooth transition for your loved ones.
Embrace this opportunity to create lasting memories and share your academic success with your family.

Frequently Asked Questions

Please note the information given below is a general overview and not specific to any one situation. To fully determine your eligibility it is recommended that you talk to Immigration or a Registered Migration Agent. You can book in for a consultation with a Pathway to Aus Registered Migration Agent through this link.

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.

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