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Sarah457

457 visa maternity entitlements

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I moved to Sydney on the 457 and I'm starting to think more about when and where to try and start a family. I've recently seen some things online (social chats, nothing official) which says that you are not eligible for any finances at all if you are on the 457. I'm way off being able to apply for PR and can't wait for that, not sure my body clock would still be ticking for pregnancy. Is anyone else in the same situation and have some concrete information about this or know where to find out? The information I'm seeing at the moment is... I'm not eligible for state maternity pay on the 457 visa, Medicare doesn't cover everything (scans, anesthetists, other things not covered?), private insurance with pregnancy cover is only valid once you've had it for a year before getting pregnant and costs a lot to cover pregnancy. So I'd be off work with no pay and forking out for healthcare. I also saw something about he 457 becoming invalid if you're off work for 6 months. Not sure if this is the case. Lots of questions! I'd really appreciate any information or pointing me in the right direction of info. 

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For a permanent Australian resident, Medicare can cover everything - it's a question of letting your GP know that you don't want to use private services.

You are covered for "essential treatment" on Medicare under the reciprocal agreement with the UK, regardless of what visa you are on, so I imagine you'd be OK.

I would be concerned about embarking on pregnancy and motherhood on a 457. I suspect the employer will be annoyed to find that the person they employed to fill a vacancy for three/four years is suddenly going to be unavailable for work for  a considerable chunk of the contract period.  You may find they make life difficult for you, (and remember, they're not under any obligation to support your application for PR).  


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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Your employer may decide to terminate you if you're unable to work - that's a risk you take - and then you'd be off home anyway . If a baby is your priority, it might be better to head home, re-establish residency then medical will be covered, you might get a benefit and you could think about Australia if you're still interested down the track. Alternatively, get private insurance now (although Medicare should cover you for much of the cost and it would probably be cheaper just to pay for the add ons) and only take 6 weeks leave over the birth - your employer might wear that. Be aware that the baby won't be Australian and will need their own visa at the end of it and you won't get any child care benefits for when you do go back to work. Read the Hague Convention if you're thinking of having a baby with an Australian though.

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  I have read that under immigration law that fair work and maternity leave legislation apply to 457 holders.  It may be worth looking up at www.fairwork.gov.au  You may find that you have to be with your employer for 12 months before being eligible for maternity leave.  There is protection against discrimination, and I take this to be that they couldn't fire you because you are pregnant.   It might be worth contacting the Fair Work Ombudsman to enquire what your rights would be should you get pregnant.


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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I've been with my employer for over 12 months. My employer gives 12 months off, but not paid. So they cannot terminate my contract. With regards to my employer being annoyed, they knew when they offered me the job that I wanted to start a family, we had this discussion openly. I asked about what maternity entitlements I'd get and was told I'd be covered under statutory pay, but it now seems I'm not. So they brought me out here on false information if this is the case. I'll check out fair work to see if I can get more information there. I'm not a permanent resident and won't be able to apply for PR for over a year. I'm am aware that the baby won't get Australian citizenship for just being born here, until the parents are on PR. 

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 My friend had a baby here whilst on a 457, everything was covered under the public health system, she was classed as higher risk due to her age and says the care she received was just superb, so I wouldn’t worry about that.  Your employer seems very supportive, 12 months off is great but obviously unpaid, it can take time to get pregnant and then there’s the 9 month wait so everything could potentially align in terms of your PR eligibility and hopefully plenty of time for you to financially plan for your maternity leave.  All the best to you xx

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