Pregnant on a 457 Australian Visa

[rishi1986]

I have applied for 457 visa and right now im waiting for decision. I'm the main applicant. medical and everything is done. I checked and im pregnant.

 

I know nothing about this. how will affect my visa. what will happen. Any help is appreciated.

[Guest The Pom Queen]

Hi @rishi1986 I have moved your post in to its own thread as the one you originally posted on was 3 years old and information changes constantly. Hopefully someone will be along to answer soon.

[Guest]

I have applied for 457 visa and right now im waiting for decision. I'm the main applicant. medical and everything is done. I checked and im pregnant.

 

I know nothing about this. how will affect my visa. what will happen. Any help is appreciated.

 

As a 457 visa holder you are entitled to Medicare for antenatel/birth/post-natel care in Australia so from that point of view you are fine.

 

In terms of your job you are covered by standard employment law so you get whatever maternity leave etc. an Australian citizen/PR visa holder would.

 

I think the big question is how your employer will feel about this - if you haven't signed a contract they could withdraw the job offer (probably not legally on the grounds you are pregnant but you'd be hard pushed to prove it) or end the job after 6 months and you'd have to return to the UK.

 

It also depends how you feel having a baby in Australia!

 

So in a nutshell so long as your employer is still happy to sponsor you then it doesn't affect your visa.

 

(But please check this with someone suitable qualified to advise, i'm not an expert)

.

[rishi1986]

As a 457 visa holder you are entitled to Medicare for antenatel/birth/post-natel care in Australia so from that point of view you are fine.

 

In terms of your job you are covered by standard employment law so you get whatever maternity leave etc. an Australian citizen/PR visa holder would.

 

I think the big question is how your employer will feel about this - if you haven't signed a contract they could withdraw the job offer (probably not legally on the grounds you are pregnant but you'd be hard pushed to prove it) or end the job after 6 months and you'd have to return to the UK.

 

It also depends how you feel having a baby in Australia!

 

So in a nutshell so long as your employer is still happy to sponsor you then it doesn't affect your visa.

 

(But please check this with someone suitable qualified to advise, i'm not an expert)

.

 

Thank you for the quick response. Employer has already sponsored me and the application is in process. I'm just waiting for decision. My employer doesn't know anything yet.

[Quoll]

Thank you for the quick response. Employer has already sponsored me and the application is in process. I'm just waiting for decision. My employer doesn't know anything yet.

Have you signed the contract? What does it say? I think your employer would be mighty ticked off!

[rishi1986]

Have you signed the contract? What does it say? I think your employer would be mighty ticked off!

 

Yes i have signed the contract. I won't be eligible fot medicare as im from India.

Could you please tell me why emplyer won't feel good about it. I jUST found today that im pregnant. I can still work for my employer until i reach to about 6-7th month.

[Bungo]

Yes i have signed the contract. I won't be eligible fot medicare as im from India.

Could you please tell me why emplyer won't feel good about it. I jUST found today that im pregnant. I can still work for my employer until i reach to about 6-7th month.

 

Isn't it obvious why they would be ticked off? Because they go to all the trouble of sponsoring you and then you require maternity leave? To be honest, I am not sure I would go ahead with this now or I wwould certainly be looking into the potential ramifications - such as the pay, you won't be entitled to maternity pay from the employer in which case what happens if earnings below the threshold - I don't know these are things I would be looking into.

[Quoll]

Isn't it obvious why they would be ticked off? Because they go to all the trouble of sponsoring you and then you require maternity leave? To be honest, I am not sure I would go ahead with this now or I wwould certainly be looking into the potential ramifications - such as the pay, you won't be entitled to maternity pay from the employer in which case what happens if earnings below the threshold - I don't know these are things I would be looking into.

Yup, no maternity pay, no benefits - I think it would be very risky to go ahead. What does the contract say about leave provisions? If you aren't entitled to Medicare through the reciprocal scheme then you might find it very hard to get insurance because being pregnant now is a pre-existing condition and most companies are reluctant to cover that, they usually ask for a year's membership before you get pregnant.

[rishi1986]

Isn't it obvious why they would be ticked off? Because they go to all the trouble of sponsoring you and then you require maternity leave? To be honest, I am not sure I would go ahead with this now or I wwould certainly be looking into the potential ramifications - such as the pay, you won't be entitled to maternity pay from the employer in which case what happens if earnings below the threshold - I don't know these are things I would be looking into.

I really appreciate you helping me.

I'm not sure about the pay either. My husband will be the dependant and can work full time so im guessing he can support me. Would i be entitled to at least unpaid leave and for how long. Will it affect the 2 years period i need to complete to apply for permanent residence. Thank you

[VERYSTORMY]

I really appreciate you helping me.

I'm not sure about the pay either. My husband will be the dependant and can work full time so im guessing he can support me. Would i be entitled to at least unpaid leave and for how long. Will it affect the 2 years period i need to complete to apply for permanent residence. Thank you

 

I think you need lots of advice and I know the forum will do what it can, but you may need to get some professional advice.

 

First, as you have identified, you won't get Medicare. You are moving to a country with VERY expensive medical bills. The partners of 457 holders can find it hard to get work due to their status as being both temporary and not having their fate in their own hands. So, you need to budget for not only expensive medical care and no income in case he struggles to get work.

 

Then, I think you need professional advice on employment rights and how this may affect your visa.

[rishi1986]

I understand. I will defo get the medical advice I need. just getting the idea right now.

 

the medicals bills will cost me when I am about to have a baby or during pregnancy as well.

 

I think you need lots of advice and I know the forum will do what it can, but you may need to get some professional advice.

 

First, as you have identified, you won't get Medicare. You are moving to a country with VERY expensive medical bills. The partners of 457 holders can find it hard to get work due to their status as being both temporary and not having their fate in their own hands. So, you need to budget for not only expensive medical care and no income in case he struggles to get work.

 

Then, I think you need professional advice on employment rights and how this may affect your visa.

[Bungo]

I really appreciate you helping me.

I'm not sure about the pay either. My husband will be the dependant and can work full time so im guessing he can support me. Would i be entitled to at least unpaid leave and for how long. Will it affect the 2 years period i need to complete to apply for permanent residence. Thank you

 

What I meant by the pay, is that there are certain minimum levels of pay as a requirement of the visa - you will be on leave so might not be reaching those levels and it might impact visa.

 

As for the two years, you do not qualify for PR just because you spend two years on a 457 visa, there is an awful lot more to it, for one thing the employer would need to support a permanent employer sponsored visa application.

 

Frankly, I wouldn't recommend a pregnant woman changes job in her own country, never mind move country on a sponsored visa whilst pregnant. I would pull the plug on this now in your shoes.

[blossom]

You will have to pay all medical bills for everything. Insurance won't cover you and you won't get any Medicare.

You also won't be able to stop work at 6/7 months without a medical certificate. Pregnancy isn't an illness, I worked to 38 weeks pregnant with my first and 41 weeks with my second.

I would budget on the assumption your partner can't get a job, as often it's very hard for the dependent, especially if English isn't their first language. Can you still afford to live two adults and a baby, with no wage and having all your bills?

 

personally I'd be cancelling the visa application.

[Tickled Pink]

Look into the Fair Work Act (2009) for information on how you would stand in terms of your parental/maternity rights while pregnant. In a nutshell though, until you have been employed for 12 months there is little that goes in your favour.

 

You are not entitled to government paid parental leave and your employer (even if they offer maternity pay) won't have to pay anything either as you won't have worked long enough for them. As a 457 visa holder you will not be entitled to Child Care Rebate or Family Assistance. Child care costs in the ballpark of $90-100 a day. If you have to foot the bill for the birth, just for a straight forward delivery you are looking at about $7000 on the private system. If you need caesarean section or any other special care it'll be upwards from there.

 

As already has been said, medical insurance will not cover you as it has a 12 month wait period before you can access obstetric care. I had a very difficult pregnancy, and had to finish work around 6 weeks before I had my child. There was a a one month period where I was in the hospital 3 times a week, with a hospital stay in there too. If you have to pay for everything yourself, and things don't go smoothly (my problems were unanticipated) then costs are going to rack up really quickly.

 

I would think very carefully about making this move. From the info you have provided (and of course I do not know your personal financial circumstances) you are going to find it very expensive, and may struggle considerably.

Edited September 20, 2016 by Tickled Pink

[MaggieMay24]

As a 457 visa holder you are entitled to Medicare for antenatel/birth/post-natel care in Australia so from that point of view you are fine.

 

In general, 457 visa holders are not entitled to Medicare. Some visa holders (457 and others) may be eligible for Medicare through reciprocal agreements depending on their country of citizenship.

[MaggieMay24]

Rishi - as others have posted, parental leave while being the primary holder of a 457 visa can be a very expensive proposition. Otherwise, you are covered under the same National Employment Standards as other workers so you can take unpaid leave. It's up to you and your partner whether you can afford to take up this 457 and make it work, but good idea to explore all the options and potential pitfalls.

[rishi1986]

Rishi - as others have posted, parental leave while being the primary holder of a 457 visa can be a very expensive proposition. Otherwise, you are covered under the same National Employment Standards as other workers so you can take unpaid leave. It's up to you and your partner whether you can afford to take up this 457 and make it work, but good idea to explore all the options and potential pitfalls.

 

Thank you for all your help. I'm confused about one thing. Will I be able to get unpaid leave ? I think I meet that minimum annual income requirement. Is there something more to getting unpaid leave in 457. And for long ?

[Tickled Pink]

I would probably seek advice from a MARA registered agent to find out exactly where you stand.

Edited September 24, 2016 by Tickled Pink

[Nemesis]

Thank you for all your help. I'm confused about one thing. Will I be able to get unpaid leave ? I think I meet that minimum annual income requirement. Is there something more to getting unpaid leave in 457. And for long ?

 

Isn't that kind of taking the mick out of your employer. Gives you a job so you can get the visa. Then you not only get pregnant so need time off almost at once, but you want them to give you unpaid leave as well? Regardless of what the visa allows I can't see your new boss being too pleased.

[Tickled Pink]

Isn't that kind of taking the mick out of your employer. Gives you a job so you can get the visa. Then you not only get pregnant so need time off almost at once, but you want them to give you unpaid leave as well? Regardless of what the visa allows I can't see your new boss being too pleased.

 

I was kinda thinking the same... the point of a 457 is to fill an area of need or shortage. The employer has to keep the position open under Fair Work Act, so will once again be short the worker they need. Or employ someone else for a short term, if they need a 457 too then it costs them more in visa fees. As an employer myself I'd be miffed to say the least.

[rishi1986]

Isn't that kind of taking the mick out of your employer. Gives you a job so you can get the visa. Then you not only get pregnant so need time off almost at once, but you want them to give you unpaid leave as well? Regardless of what the visa allows I can't see your new boss being too pleased.

 

I'm sorry but this does not answer the question. I was asking about the requirement for taking unpaid leave and for how long according to rules.

[purpleal]

I'm sorry but this does not answer the question. I was asking about the requirement for taking unpaid leave and for how long according to rules.

 

 

[h=2]Which employees are eligible for unpaid parental leave?[/h]All employees in Australia are eligible for unpaid parental leave if they have completed at least 12 months of continuous service with their employer.

This includes casual employees, but only if:

 

 

• they have been employed by the employer on a regular and systematic basis for a sequence of periods over at least 12 months

• had it not been for the birth (or expected birth) or adoption (or expected adoption) of a child, they would have a reasonable expectation of continuing employment by the employer on a regular and systematic basis.

 

[AJ]

Which employees are eligible for unpaid parental leave?

 

All employees in Australia are eligible for unpaid parental leave if they have completed at least 12 months of continuous service with their employer.

This includes casual employees, but only if:

 

 

• they have been employed by the employer on a regular and systematic basis for a sequence of periods over at least 12 months

• had it not been for the birth (or expected birth) or adoption (or expected adoption) of a child, they would have a reasonable expectation of continuing employment by the employer on a regular and systematic basis.

 

 

That should answer your question then! If you are already pregnant you will not have worked for them for 12 months so you wont qualify.

[rishi1986]

Thank you purpreal. What if it hasn't been 12 months. Is there any option or exception ?

 

[h=2]Which employees are eligible for unpaid parental leave?[/h]All employees in Australia are eligible for unpaid parental leave if they have completed at least 12 months of continuous service with their employer.

This includes casual employees, but only if:

 

 

• they have been employed by the employer on a regular and systematic basis for a sequence of periods over at least 12 months
  
• had it not been for the birth (or expected birth) or adoption (or expected adoption) of a child, they would have a reasonable expectation of continuing employment by the employer on a regular and systematic basis.
  
• 
  

 

[purpleal]

Thank you purpreal. What if it hasn't been 12 months. Is there any option or exception ?

 

 

I wouldn't think so, no. If you were an employee that had physically been working with them and were perhaps a week or 2 short, they may consider waiving this. You have not established a working relationship with them so I cannot see them giving any leeway. My husband has employed several 457 visa holders - he would be mightily p'eed off if someone started working for him and announced they were only available to work for 6 months. There is a lot of paperwork and behind the scenes stuff that as an employee you don't see. You may find once you are on leave, that there is a 'restructuring' within your department and your services are no longer required or they may refuse to sponsor you for PR. Companies do not appreciate being taken advantage of - I feel you are letting your 'want of living in Australia' cloud the reality of your situation.