DIMIA recently announced that effective July 1, 2006, foreign nationals on temporary work permits (Subclass 457 Visa or "457 Visa") in Australia will be able to include same sex partners in their visa applications as accompanying dependents. Previously, only heterosexual partners, spouses, and children were recognized as accompanying dependents for purposes of the 457 Visa application.

In order for partners to qualify as accompanying dependents, 457 Visa applicants must show that a bona-fide relationship exists. Interested parties should contact their immigration service provider with whom they normally work for specific advice on the evidentiary requirements.

Companies operating in Australia use 457 Visas to sponsor foreign nationals for temporary employment with their entities. Businesses setting up their operations in Australia may also sponsor foreign nationals under the Subclass 457 Visa. Accompanying dependents are permitted entry, and partners and spouses are granted unconditional work authorization for the duration of their stay in Australia.

The new provisions recognizing same-sex partners as accompanying dependents will apply to other categories of skilled migrants and students at a later date.

DIMIA is also expected to increase enforcement and compliance requirements for Australian businesses sponsoring foreign nationals for Subclass 457 Visa status. Specifically, DIMIA is expected to announce clearer benchmarks on the training obligations expected of sponsoring businesses as part of the Subclass 457 Visa program. In addition, DIMIA is expected to require its caseworkers to more closely scrutinize applications filed under the existing Subclass 457 Visa program for temporary employment of foreign nationals.

Please be advised that the content of this alert is provided for informational purposes only.

If you have any questions regarding this alert, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services.
 

Source: http://pubweb.fdbl.com/news1.nsf/c8abb103352ef95a86256e3100809438/72ffe788613a9b13852571340078fbfd?OpenDocument