Detail Question Of The Week

How can I add my dependant to my student visa?

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Question asked

I am on student visa, Sc 500 which is expiring in 2020. I got married here in Sydney a few weeks ago . I have notified Immigration about marital status. My husband is also on student visa, Sc 573 that is expiring soon in September, 2018.He wanted to apply Visa as my dependant before but we both have single status in our original applications because it has only been 6 months since we've met. I read on the immi website saying I can't add my dependent unless I had declared in my first application but I met him only after I arrived here. How can I include him as a dependant? I read somewhere about re-applying a new student visa? And also, I need 12 month relationship proof? What is true? Is it possible at all for him to be added as a dependant to my student visa? Or should he renew his student visa instead? if the visa is rejected, am I going to have my original visa also cancelled? We are a genuine couple and my husband does not want to continue to study. What evidences do we need to show?

Answer provided by our agents

Dear DD,

Thank you for your enquiry. If your husband is holding a visa that does not have a ‘no further stay’ condition, then I would suggest the following strategy in your situation.

If your relationship only commenced after your student visa grant date, then it will be possible for your husband to apply immediately for a subclass 500 visa as a secondary applicant on the basis of your marriage. Because you are married, you will not need to provide evidence of 12 months of living together, but you will still need to satisfy the Department that the relationship is genuine and continuing and provide various evidence of the relationship including photos, statements from family and friends, evidence of sharing finances, evidence you are known as a couple socially and officially, evidence of cohabitation to list a few examples.

If your relationship commenced before your student visa grant date (if you became a de facto couple or ‘members of the family unit’ before your current student visa was granted), then you will need to lodge a new student visa application for yourself with your husband as the secondary applicant on this new application.
If you apply for a visa and it is refused, your current visa will still remain valid but it may limit your ability to lodge an application onshore in the future due to section 48 of the Migration Regulations.

For a subclass 500 visa application as a subsequent secondary applicant, there are various items needed to demonstrate that legal criteria are met- including evidence of the relationship with the primary applicant, evidence of health and character and evidence of financial capacity (to meet costs for the proposed stay such as living expenses and return travel costs), and health insurance/public interest criteria. Please let me know if you have any questions about my advice.
You will be given an option to contact me to engage my services once this question has been finalised. - Migration Agent