Pregnant on 457 - how to deal with my employer

[Guest Guest70948]

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[CollegeGirl]

In my opinion, you should definitely apply for PR in October and not say anything to your employer until later. You've worked for them for four years, as they required in exchange for PR, and you're still really early along in your pregnancy. You don't want to encourage them to suddenly change their minds because you're pregnant. That's not their business (yet).

 

Caveat: Skilled visas aren't my thing, so wait for someone else to chime in, too.

[blossom]

Ok, well whatever you do, you are unlikely to get pr before your baby is born. You need an X-ray for the Medicals and most people prefer not to do this until the baby is born. Employer sponsored visas (pr) are generally taking at least six months from time of application (assuming you do have the X-ray).

 

What state are you in? If it one which you can register your relationship in I would go for that and apply for a defacto visa.

 

I certainly wouldn't tell your employer until you have decided what to do.

[CollegeGirl]

Partner visa onshore processing times are at (I believe) about 15 months now. Also, once she gets it, she'll still have to wait until 2 years after her 820 application before she is eligible to apply for PR. She'll get PR much faster through her company, IMO.

[Sustain]

No need to advise them regardless of the 457/PR. Most people don't until 18 weeks due to the safer trimester.

 

Congratulations

 

Never ceases to amaze me how behind Australian business leaders are. We welcome women even if they are pregnant (its not a disease) because we look at a 15 or 20 year relationship. Just because they may want 9 months to 5 years 9 months at home, does not limit the huge advantage of someone in our organisation over a longer period.

[blossom]

The problem with employer sponsored is that it takes so long that they are going to know within that time that the op is pregnant. If they want to be arses they could cancel sponsorship for any manner of excuses. Pr is still not likely to happen before the baby is born even if they don't, so maternity pay is unlikely. Boyfriend might be able to apply for the (much less now) baby bonus, as he and his baby will be Australian.

Personally I would try to forget the company if you are not happy there anyway. Who needs all that stress at what should be an exciting time?

[blossom]

Partner visa onshore processing times are at (I believe) about 15 months now. Also, once she gets it, she'll still have to wait until 2 years after her 820 application before she is eligible to apply for PR. She'll get PR much faster through her company, IMO.

If you have a child together you can apply for pr after one year.

[Guest Guest70948]

Thanks for the replies! I know I'd have to wait until the baby is born to have the X-ray but I can get on with the rest of the application & submit that when I can. I also have at least 6 months (maybe more) after the baby is born to apply for paid parental leave so if employer PR is granted in this time I can still go for it. De-facto would completely count me out of that due to the timing - it is also a more expensive visa at a time when we really need the $$. I'm in Vic & have considered registering the relationship which I will have to do if my employer does deny PR.

 

My plan then is to keep schtum about the pregnancy, it is early days after all and thank goodness the nausea is very fleeting (touch wood). I don't feel so bad as aside from sponsoring me (which I am grateful for) I haven't found them to be the best employer to work for, well my section of the company anyway. I wouldn't be too upset if I was moved to another area after maternity leave, I only want to take 6 months anyway it's not a huge ask!!

[migrationalliance]

Caitinmelb this is a serious issue and I suggest you contact a Registered Migration Agent who can give you legal advice on your options. You can find a RMA on http://www.mara.gov.au or one of the peak professional associations.

[Guest Guest70948]

Hi Migration Alliance, thanks for replying. I know the issue is serious which is why I'm considering my options. I don't belive a migration agent could offer me more insight as only I can weigh up the positives and negatives of my options, plus I do not want to pay a huge fee to an agent when I will need that money for the new baby.

[migrationalliance]

Hi Caitinmelb perhaps you could see a pro-bono agent (non-commercial). You can scroll through the options on the Office of the MARA website and it gives you 'no fee' agents. Agents are able to advise you on the legal technicalities and procedures advice manuals, legislative criteria etc that apply to falling pregnant whilst on a temporary visa and your obligations under the Act in relation to the provision of information to DIAC, and the negatives about witholding information from DIAC (conditions attached to 457). Accredited Specialist Immigration Lawyers might also be a good choice. Hope everything goes ok and good luck!!

[Que Sera Sera]

Thanks for the replies! I know I'd have to wait until the baby is born to have the X-ray but I can get on with the rest of the application & submit that when I can. I also have at least 6 months (maybe more) after the baby is born to apply for paid parental leave so if employer PR is granted in this time I can still go for it. De-facto would completely count me out of that due to the timing - it is also a more expensive visa at a time when we really need the $$. I'm in Vic & have considered registering the relationship which I will have to do if my employer does deny PR.

 

My plan then is to keep schtum about the pregnancy, it is early days after all and thank goodness the nausea is very fleeting (touch wood). I don't feel so bad as aside from sponsoring me (which I am grateful for) I haven't found them to be the best employer to work for, well my section of the company anyway. I wouldn't be too upset if I was moved to another area after maternity leave, I only want to take 6 months anyway it's not a huge ask!!

 

just be careful that the work you do is safe for you and your bump. If you don't tell your employer they can't may any necessary changes to safeguard you both. Congratulations on your lovely news.

[The Fisheys]

I think you should share your good news. Women have babies, it's nothing unusual, or extreme, if I was your employer I would be happy for you, and pleased you felt so settled in your new country as to want to bring your kids up here.

Of course you may change your working hours, even I suppose your job, but I would take the view your child will add to the overall total of Australian Human Happiness.

And, I am no immigration expert, but if your child is born here, does that not mean he / she / they are Australian, so as their mother you are entitled to PR?

[lebourvellec]

In the UK, you dont need to inform your employer of your pregnancy until 15 weeks before your due date so around 25 weeks. Unless your position has occupational health issues, personally I wouldn't be telling them till after get all clear at 20 week abnormalities scan. You should definitely speak to a RMA on best way forward, until you get PR granted your employer could withdraw application at anytime. Personally I would look at partner or skilled migration visa with regards to what has happened to other employees before. 4 years is along time to wait for PR from employer.

[CollegeGirl]

If you have a child together you can apply for pr after one year.

 

When couples originally apply for their 820/801, they have to have been together two years as a defacto couple plus have a child together in order to go straight to PR and skip the 820. For couples who don't have a child together, it's 3 years as a defacto couple in order to skip the 820 and go straight to an 801. Are you saying that for couples who apply for the 820, they can apply for an 801 just a year after applying for the 820? I can see how that would make sense, but I haven't read that anywhere.

[Rupert]

The first thing to note, is that just because you are on a 457 visa, it does not mean you have lesser work rights and entitlements than anyone else. You are an employee and you are entitled to same maternity leave and pay as every other person in the organisation.

 

In terms of whether you tell them, I see no benefit in not doing so when you are ready (at 3 months or whatever). You are not going to get the employer sponsored visa through before it will be very obvious anyway as the visa takes six months or so to process. And if they are going to be unwilling to sponsor, they can pull out at any point. Unfortunately the permanent visa is not an award for having done time with an organisation, it is about the future and it presumes intent to stay with the organisation.

 

I am puzzled why you have persevered for four years in a job you are unhappy in on the tentative hope that you will get sponsorship one day, is there no way you could of got skilled migration? What occupation are you in? Possibly you could go down that path, although there would be the matter of X-ray for medicals.

 

Depending what your employer is like, it is possible they won't sponsor so I recommend a back up plan. This could be to lodge the partner visa when you have been living together for a year or to lodge a skilled migrant visa. In the meantime stay on your 457 visa, it is not a good time to change jobs now anyway so stick it out and again, be very clear that your employer rights over maternity leave are the same as everyone else's.

[Rupert]

And, I am no immigration expert, but if your child is born here, does that not mean he / she / they are Australian, so as their mother you are entitled to PR?

 

The baby is not Australian because they are born here, however it will be Australian because dad is. Unfortunately no, this does not automatically mean PR to the mother. In fact PR is not granted as a status, it is only obtained though applying for a visa. The only visa anyone can apply for on the strength of having an australian child is the parent visa and definitely this is not the right route for OP in view of the very high costs and better alternatives.

[CollegeGirl]

As always, Rupert gives the best advice.

[Guest Guest70948]

Thanks again for the responses it's really giving me food for thought. I hadn't considered the employer withdrawing pr support once they find out so I need to keep this in mind as I could lose a lot of money from the application! I am thinking more towards advising them at 12 weeks, in a positive way and then approaching them again at 15 for PR support. Technically pregnancy should not change anything! And I would love to return to work in another area of the company, it is only our section that is flawed with poor management structure. And if they deny the PR, well I lose out on paid parental leave but I still have other avenues for my visa. And they still need to honour my maternity conditions. And if they deny me that, well it's off to fair work I go.

 

Rupert, I cannot get the skilled visa - my occupation isn't listed. I was going up apply before the July 2010 changes but my occupation was removed. I am sponsored currently under recruitment officer but am actually doing a totally different job which is a whole other story. And after 2 years when I had to apply for the 2nd 457 visa I pleaded with hr to go the PR route instead but they said no, it's their 'policy' to do 4 years 457 (even though I know of at least one person who gained it after 2.5 years). I tried to get another employer to take over 457 but had no l luck - so I've been well and truly stuck in this position, and yes holding out for pr. I can't even apply for other jobs in the company due up my 457. And to add insult to injury...this is a disability charity...

[Sammy1]

I think you should share your good news. Women have babies, it's nothing unusual, or extreme, if I was your employer I would be happy for you, and pleased you felt so settled in your new country as to want to bring your kids up here.

Of course you may change your working hours, even I suppose your job, but I would take the view your child will add to the overall total of Australian Human Happiness.

And, I am no immigration expert, but if your child is born here, does that not mean he / she / they are Australian, so as their mother you are entitled to PR?

 

A child born here is only considered Australian if the Mother or Father already has PR or is an Australian. So, as the Father is an Aussie, this means the child would be, however, this does not in anyway mean the OP is entitled to PR.

[blossom]

When couples originally apply for their 820/801, they have to have been together two years as a defacto couple plus have a child together in order to go straight to PR and skip the 820. For couples who don't have a child together, it's 3 years as a defacto couple in order to skip the 820 and go straight to an 801. Are you saying that for couples who apply for the 820, they can apply for an 801 just a year after applying for the 820? I can see how that would make sense, but I haven't read that anywhere.

I'm saying that the normal two years on a temporary visa before being able to apply for pr, can be cut down to only one year on a temp visa IF the couple have a child together (and were together for a year before that, I think it just stipulates two years relationship plus child).

It's out there. :-)

[blossom]

You might be in trouble with your sponsorship already if you are not working in the role you were sponsored for. That is breaking the conditions of your 457. Honestly, I would be trying to register your relationship and going for that route.

[Sammy1]

Another issue would be that the Father ( if you were to ever split up) could stop the baby leaving Australia ( because he/she was born here). Sorry, but it is something to consider if your visa status ever became unstable.

[Ali B]

Tricky situation. Keep this government website tucked away: http://www.fairwork.gov.au/media-centre/media-releases/2011/03/pages/20110311-coles-eu.aspx

 

You might need the ombudsman (scroll down a bit for the tel no) if the senior colleagues are as misogynistic as you saw with other colleagues. This is simply unacceptable. Do you HW and be sure of your rights.

 

Do whatever you need to do to protect your baby and you, sad to say but it probably means keeping stumm until Oct.

Wear baggy tops!

[Rupert]

Thanks again for the responses it's really giving me food for thought. I hadn't considered the employer withdrawing pr support once they find out so I need to keep this in mind as I could lose a lot of money from the application! I am thinking more towards advising them at 12 weeks, in a positive way and then approaching them again at 15 for PR support. Technically pregnancy should not change anything! And I would love to return to work in another area of the company, it is only our section that is flawed with poor management structure. And if they deny the PR, well I lose out on paid parental leave but I still have other avenues for my visa. And they still need to honour my maternity conditions. And if they deny me that, well it's off to fair work I go.

 

Rupert, I cannot get the skilled visa - my occupation isn't listed. I was going up apply before the July 2010 changes but my occupation was removed. I am sponsored currently under recruitment officer but am actually doing a totally different job which is a whole other story. And after 2 years when I had to apply for the 2nd 457 visa I pleaded with hr to go the PR route instead but they said no, it's their 'policy' to do 4 years 457 (even though I know of at least one person who gained it after 2.5 years). I tried to get another employer to take over 457 but had no l luck - so I've been well and truly stuck in this position, and yes holding out for pr. I can't even apply for other jobs in the company due up my 457. And to add insult to injury...this is a disability charity...

 

 

I am not sure why you are still making this connection between PR and paid parental leave. As I mentioned twice in my previous post, you are entitled to the same parental leave rights and pay as every other person in your organisation. Your visa status does not come into it. You must get yourself clear on this.

 

I am a little concerned about what you are saying about the work related visa now, if you are employed as a recruitment officer and are doing a completely different job now then this is something immigration should have been notified of. Also if the job you are doing is "not on the list" then you could not be sponsored for PR because that also requires the job to be on the list. Are you sure you are looking at the right list, there is a SOL and a CSOL to check. What occupation would you apply under if you were going for the employer sponsored visa?

 

Summary though, I think maybe you should leave the employer visa situation well alone, carry on on the 457 knowledge in the full knowledge that this CANNOT impact your parental leave entitlements and then focus on the partner visa in due course.