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187 Rsms and pregancy


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As long as you go back to work to fulfil your 2 year obligation after having a baby I can't see an issue - as even if you are on maternity leave you are still technically employed as they have to keep your job for you for 12 months. From the timeline you've suggested I can't see a problem, visa grant in August 2014, pregnant in January 2015 (you hope!) which means by the time you go on Maternity leave you will have done over 12 months of your obligation already.

 

As for maternity pay, the government pays this not your employer, you have to have been working (for anyone) for 10 months of the past 12.

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Agreed, if the visa is issued by August and you are starting to try by the beginning of next year you should be fine. Assuming you get pregnant straight away, which most people at our age don't, that is a year by the time you go on maternity leave anyway.

If you are planning on going back after having the baby I'd worry even less.

 

I'm on an rsms too, and my two years runs out in November. I'm trying now (on third month). I wasn't in a position to try earlier, but I would have left it that long anyway I think visa wise.

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  • 2 weeks later...

hi. I need advise. I am on a 187 visa and was granted it on July 31, 2013. Have been with my employer for 6 and a half months and am already miserable. I will be going on maternity leave at the end of march and will be returning to work at September.

Will my absence during maternity leave still be counted in my 2 year contract with them? Or am I required to make up for the time I was on maternity leave?

I know on booklet 5 it says any paid annual, paid sick and paid maternity leave is included work hours, but Centrelink will be paying my maternity leave (parental leave), and not my employer, so I am a bit confused.

 

Comments will greatly be appreciated.

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Yep, still counts as you're still employed by them even on maternity leave.

 

Is there somewhere or something I can show to my employer that proves that I don't need to extend my stay?

 

Cause they have been saying I need to extend my stay there cause I'm not working and physically there.

 

This would be of great help.

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Is there somewhere or something I can show to my employer that proves that I don't need to extend my stay?

 

Cause they have been saying I need to extend my stay there cause I'm not working and physically there.

 

This would be of great help.

 

Hmm, not sure to be honest. You could try speaking to immigration and see if they'll put something in writing. But if it was me my employer can say what they like, doesn't change the fact that my visa obligations end after 2 years with the employer whether I've been on maternity leave or not. There's nothing they can do about it.

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Hmm, not sure to be honest. You could try speaking to immigration and see if they'll put something in writing. But if it was me my employer can say what they like, doesn't change the fact that my visa obligations end after 2 years with the employer whether I've been on maternity leave or not. There's nothing they can do about it.

 

Thanks for your response nicolac34.

 

I will have to write to the immi dept and see if they can write a letter. They're now beginning to intimidate me because they know I don't want to be there anymore and am desperate to leave. It's getting harder each day, but i guess that's the price of getting sponsorship.

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Legally you are entitled to take up to a year off, unpaid. I think after that year they have to consider a second if you ask. Even if you just get a year off that's less time you have to be there.

I wouldn't even worry about it. Agree with them for an easy life and when your two years is up just hand in your notice. Let them run off and cry immigration then, nothing will happen and you've saved yourself all that stress.

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  • 7 months later...

Hi, everyone. In response to the questions above the 2 year stay with your current employer, in relation to your visa, is only an intention to stay for 2 years. I had previously been advised that as long as you intend to stay for 2 years at the time of lodging the visa application they can not revoke the visa should you later chose to leave before the end of the 2 years. However if you have a contract with your work it is different.

I have a question about the paid maternity leave; we were also just granted our 187 visa in August. We hope to start trying for a baby next year. I read somewhere that some social security payments have a 2 year waiting period; that is you are not entitled to them until you have been a PR for 2 years and any time spent as a temporary resident does not count towards this. Does anyone know if this applies to paid maternity leave?

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First off, the two years is not just an intention to stay for the rsms. The ENS yes, but not the rsms. If you leave through powers beyond your control eg, being made redundant then you are ok, but you can't just choose to leave.

 

The only payments you are entitled to within the first two years are any to do with children. So as long as you have worked for at least 10 months in the 13 months before you give birth then you will get the ppl. If you qualify you can then get the family benefit A & B and rent assistance. But that's it. If you are in your first two years just make sure you stay on unpaid maternity leave and all will be good.

 

I start my maternity leave one month before my two years is up.

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Thanks blossom79 I didn't know the 2 year rule for rsms and ens were different.

That's good to know about the ppl I was worried I'd have to wait the 2 years to be entitled to any of it. I've been with my employer for 3 years and have no plans to leave so all should be good :)

Good luck with your maternity leave etc, when are you due?

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