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Gvieve

Pregnancy when the main name on a 482 TSS visa

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Hi all,

So me and my husband are currently on a 482 TSS visa with me as the main name. We’re applying for PR imminently but know people who’ve been waiting 12-18 months for this to be sorted. We’re hoping to start a family ASAP and really don’t want you to wait any longer. My question is: I’m the main name on our visa - the regulations state that I have to work full-time and can’t have more than 60 consecutive days out of work. But I can’t find info anywhere about pregnancy. Can I take 6 months minimum out of work for maternity without breaking the terms of my visa!? 

Thank you in advance for any help!

🙂

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If you're on a 482 then I don't think you're eligible for maternity leave anyway?


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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Hey thanks for your reply. Where have you found that information from? That’s my question, I can’t find where it specifies the rules around pregnancy anywhere. Surely if a woman became accidentally pregnant on a 482 that wouldn’t invalidate her visa. 

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https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/482-and-457-visa-holders-workplace-rights-and-entitlements

It appears you are entitled to 12 months unpaid maternity leave from what I read above, but there is no obligation for your employer to pay you even a single cent whilst on maternity leave.

If you left (or they had a reason to discontinue employment during your mat leave) you'd have just a few weeks to find a new sponsor or be made to leave the country (and I don't think anyone would sponsor someone already on may leave until they returned to work)

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Thank you that’s really helpful. We can manage on one salary - just don’t want to be asked to respectfully leave the country by breaking our visa terms. Thanks again! 

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@Gvieve, I think your bigger concern would be to find out whether the maternity leave will count towards your employment record to qualify PR.    As it's unpaid leave, the clock may stop for the duration and that may affect your PR application.  I don't know the answer to that.

My other concern is that you seem to be thinking, if you're legally entitled to maternity leave, that's all you need to worry about.  Unfortunately, it's not.   

Over the years, I've seen many women being edged out of companies while they're on maternity leave.    There's a restructure or a downsizing and hey presto, the pregnant woman's job is one of the ones that disappears.  It's done in such a way that no one can prove the pregnancy was the reason.   As a temporary worker, you're more vulnerable than most (in a restructure, temporary workers always go first).   If that happens, you'll have 90 days to find another sponsor and not a hope in hell of doing so.

The other thing you're not considering is what happens once the baby is born. You can't guarantee you'll be willing or able to go straight back to full-time work after the baby is born - but on a 482, you've got no alternative. 

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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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Hi all,
So me and my husband are currently on a 482 TSS visa with me as the main name. We’re applying for PR imminently but know people who’ve been waiting 12-18 months for this to be sorted. We’re hoping to start a family ASAP and really don’t want you to wait any longer. My question is: I’m the main name on our visa - the regulations state that I have to work full-time and can’t have more than 60 consecutive days out of work. But I can’t find info anywhere about pregnancy. Can I take 6 months minimum out of work for maternity without breaking the terms of my visa!? 
Thank you in advance for any help!
[emoji846]



Personally if I was an employer and had gone to all the trouble of bringing someone out on a 482 visa and she decided to get pregnant I wouldn’t be particularly happy
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Pregnancy is a human right for a person to do whenever they please - regardless of visas/employers wishes. I’m excellent at my job so they should be happy to have me full stop

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@Marisawright thank you for your response. This definitely isn’t the only aspect I’m thinking about, but it was my main question. With the job I’m in I won’t be pushed out and can always get another job easily at a number or places, so that’s ok. I’ll look into the PR employment record side of things. 

And as regards going back to work, Aus visitor has said I’m entitled to 12 months unpaid mat leave - so I’ll chat to my current employer and see what they say. I think they’ll be open to it. 

At the end of the day we can all plan meticulously the best time and place to have a child but I could be waiting until I’m no longer able to have a child if I do that! 

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15 minutes ago, Gvieve said:

Pregnancy is a human right for a person to do whenever they please - regardless of visas/employers wishes. I’m excellent at my job so they should be happy to have me full stop

Yes, but they'll have to find someone to replace you for the time you're away, and possession is 9/10th of the law.   Like it or not, once that new person has settled in and been there a few months, many employers would rather hang onto them than have you back, knowing you'll be contending with a new baby - and you'd be surprised at how they can manipulate the law to achieve that. 

Edited by Marisawright
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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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@Marisawright like I’ve said that isn’t how things would be with my particular job. I’m sure that happens to other women. The law’s there to protect women in this situation from such discrimination. But I get that being a temporary resident takes away many rights. I don’t need to worry about not having a job at the end of it. I just want to check not working for an amount of time won’t invalidate my visa. 

Anyway thanks for taking the time to reply. 

I just need an immigration expert I think. Otherwise I don’t know for sure.

Have a good Sunday 

Edited by Gvieve

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Closing this comment as all but one response have been useless! Should have known. I’m off to ask an expert...

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Closing this comment as all but one response have been useless! Should have known. I’m off to ask an expert...


I would like to think that any expert worth his or her salt would tell you the same

You’re absolutely correct by the way about your right to start a family I don’t dispute that at all.

You just don’t seem to quite grasp the nature of your visa to live here

And regardless of how good you are at your job you won’t be very good at it when you’re off on maternity leave
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It's always a good idea to speak with a registered migration agent as you've been given some incorrect information above.

In answer to your question, we have had employees on 457/482 visas and some have fallen pregnant before and during the 186 visa process.  It has had no impact on the visa (if you're mid-stream on the PR visa, make sure to have your baby added to the 482 visa and then to the PR application).

While employers may not provide paid maternity leave, as part of the nomination process they provide evidence that the visa holder will receive the same terms and conditions as Australian citizens/PR holders in the same position.  As well, 457/482 visa holders are covered by the same national employment standards as Australian citizens/PR holders so you're entitled to pregnancy leave.

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10 hours ago, MaggieMay24 said:

It's always a good idea to speak with a registered migration agent as you've been given some incorrect information above.

In answer to your question, we have had employees on 457/482 visas and some have fallen pregnant before and during the 186 visa process.  It has had no impact on the visa (if you're mid-stream on the PR visa, make sure to have your baby added to the 482 visa and then to the PR application).

While employers may not provide paid maternity leave, as part of the nomination process they provide evidence that the visa holder will receive the same terms and conditions as Australian citizens/PR holders in the same position.  As well, 457/482 visa holders are covered by the same national employment standards as Australian citizens/PR holders so you're entitled to pregnancy leave.

Thanks for the info, it differs from what the Australian government publish in their workfair documentation but that could well be the difference between the legal minimum and the expected behaviour (there is always a difference I find).

Totally agree with you though, this is a question for a migration agent (or at least the employee's HR team if they have the sort of relationship that would allow such an open exploratory question) as I don't think anything above by anyone is incorrect just the accumulation of different experiences (generally due to not all employers being equal in terms of working conditions)

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Hi Gvieve,

I am in the same situation now and would really like to know what the outcome was for you? :)

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12 hours ago, Priya123 said:

Hi Gvieve,

I am in the same situation now and would really like to know what the outcome was for you? 🙂

The DHA website links to this Fairwork site: https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/visa-holders-and-migrant-workers-workplace-rights-and-entitlements.  So it confirms that 482 visa holders are entitled to parental leave.  I believe the parental leave time also counts towards the employment period for a PR visa but it's always worthwhile to confirm this with a registered migration agent.

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