Guest guest37645 Posted December 18, 2010 Share Posted December 18, 2010 Hello, Here is my complicated story... I'm still in shock as I have just found out in the last few days that I am pregnant (5 weeks). It wasn't planned, and I'm not with the dad (we were off and on). He is Australian and I am English. I am worrying/thinking about a lot of things, but worries about my visa situation are adding to an already complicated situation that I never thought I would find myself in. I have been in Australia for almost 2 years, at first on working holiday visa and now on a 457 visa, which I have been on only a matter of weeks. I know, bad timing... I would like to know what my options are if I decide to have the baby here in Australia. I don't think I will be entitled to maternity benefit from my place of work as I have only worked there a few weeks so I am presuming that if I leave to have a baby, I'll be in breach of my visa conditions after 28 days? Or would I be entitled to another kind of visa if I have my baby here in Australia (as the mother of an Australian citizen perhaps?), as I don't want to go back to England to have it as it's dad (who is Australian) will be here and this is where my life is now, too. I am also worried that if I have the baby here and I am not entitled to stay that the dad would have to give his OK for me to travel abroad with the baby anyway, but if I were in breach of my visa how could I legally stay? If we did get back together and I were with the dad, would we have to marry for me to be able to stay? Or is there some kind of de facto visa that I could get because I am expecting his child? We haven't lived together and haven't been together more than a year, but is it different rules if you are pregnant? I'm so confused and upset by this whole situation, I really don't know what to do for the best. Please let me know if you can answer questions re my visa options and whether I can stay in Australia with my baby. Thank you Quote Link to comment Share on other sites More sharing options...
Quoll Posted December 18, 2010 Share Posted December 18, 2010 Are you sure you want to be a single parent in a place where you have no support network and have the potential for the child's father to bind you here even if there is some leniency in granting you a permanent resident visa (it would be a hard hearted judge who would send you home from a baby but that depends on whether the father says the baby can go overseas once it is born). I think we have heard stories on here of women who have been forced to leave their kids behind but they may have been from high risk countries - cant remember at the moment. You wont get any maternity benefits at all as a temporary resident and I dont know how enthused your employer is going to be that you arent available to work when they are sponsoring you for a visa. Have you thought of the alternative perhaps of going back to have the baby with your family and friend support network then trying for another 457 down the line or even permanent residency somehow if you are desperate to live in Australia. If you have the baby in UK then you have the choice about where you want to be and where you would get the best support - you would also get maternity benefits. Getting hitched to someone for the sake of a baby, if you hadnt managed to stay together otherwise, could be a very risky proposition IMHO but you might be able to get a fiance visa which buys you extra time. I know you think you dont want to return to UK but dont rule it out for a whole range of pragmatic reasons and all the best with what must be a very difficult situation for you. Quote Link to comment Share on other sites More sharing options...
landv Posted December 18, 2010 Share Posted December 18, 2010 I really feel for you, it's not an easy situation to be in. I think what you should do first is to talk to your employer, the sooner the better, they will find it out sooner or later that you are pregnant if you stay with them. Just see what they say, I very much doubt you will be eligible for any maternity benefits as a temporary resident, and it is up to your employer whether they will give you any time off after having your baby. I can't really help you with visas, maybe you should speak to a migration agent as to what your options are, for de-facto visas or a finance visa I think you would have to live together for a certain amount of time and have commitments together like joint bank accounts, mortgage/rent etc,. As it has mentioned before, you could consider having your baby back in the UK, the bub will not be australian citizen even if born here because you are on temporary visa, having said that because the father is australian then I think you will be able to get citizenship for baby, but I'm not sure how much influence he would have over your baby should you want to leave the country with baby, which is another point to consider. Also, never underestimate the support network back home, it is very difficult even with a very supportive partner. All the best. Quote Link to comment Share on other sites More sharing options...
Pumpkin Posted December 18, 2010 Share Posted December 18, 2010 Firstly you won't get a visa because you are pregnant by an Australian citizen, there is no such visa designed for that. For the immediate future, I would expect that you continue to be here on a 457 visa, you don't have to pack in your job because you are five weeks pregnant after all. Have you actually spoken to the father to get his point of view on this whole affair? I think that is quite important. You need to think about and investigate what is going to happen once you are heavily pregnant and have to give up work. Even if your job / visa is kept open what will you live on? To be honest, if I were you, I would be going home before the baby is born. Especially if situation with the dad is not good, because I would not want to get myself trapped. Quote Link to comment Share on other sites More sharing options...
Guest china Posted December 19, 2010 Share Posted December 19, 2010 I know this doesn't help you exactlybut you should check the thread, I think it's a sticky in the Dilemas Forum - it has a lot of important advice about having children in Oz, to do with the Hague convention - I would consider it seriously before deciding to stay in Oz. I hope everything works out for you, good luck x Quote Link to comment Share on other sites More sharing options...
wrussell Posted December 20, 2010 Share Posted December 20, 2010 Hello, Here is my complicated story... I'm still in shock as I have just found out in the last few days that I am pregnant (5 weeks). It wasn't planned, and I'm not with the dad (we were off and on). He is Australian and I am English. I am worrying/thinking about a lot of things, but worries about my visa situation are adding to an already complicated situation that I never thought I would find myself in. I have been in Australia for almost 2 years, at first on working holiday visa and now on a 457 visa, which I have been on only a matter of weeks. I know, bad timing... I would like to know what my options are if I decide to have the baby here in Australia. I don't think I will be entitled to maternity benefit from my place of work as I have only worked there a few weeks so I am presuming that if I leave to have a baby, I'll be in breach of my visa conditions after 28 days? Or would I be entitled to another kind of visa if I have my baby here in Australia (as the mother of an Australian citizen perhaps?), as I don't want to go back to England to have it as it's dad (who is Australian) will be here and this is where my life is now, too. I am also worried that if I have the baby here and I am not entitled to stay that the dad would have to give his OK for me to travel abroad with the baby anyway, but if I were in breach of my visa how could I legally stay? If we did get back together and I were with the dad, would we have to marry for me to be able to stay? Or is there some kind of de facto visa that I could get because I am expecting his child? We haven't lived together and haven't been together more than a year, but is it different rules if you are pregnant? I'm so confused and upset by this whole situation, I really don't know what to do for the best. Please let me know if you can answer questions re my visa options and whether I can stay in Australia with my baby. Thank you All the advice you have so far received is wrong in one way or another. I suggest you consult a registered migration agent to discuss your options. Quote Link to comment Share on other sites More sharing options...
pommekate Posted December 20, 2010 Share Posted December 20, 2010 Firstly, congratulations and it is not all doom and gloom. I have just sent a msg to one of my friends to try and get her to become a member on this forum, she was in a similar situation, she is from the Uk and so was the biological father whom she was not in a relationship with when the baby was born. Seven years on, she is a single hard working parent living here in australia. She works very hard, is a great mother has brought her own house and is not a so called 'burden on society' She is not in contact with the father but I feel is such an inspiration to women out there. If she doesn't get on here I'll try and give you as much information as possible. Forgot to mention, she too was on a sponsored visa when she fell pregnant and had not been with her employer for over a year. Where abouts do you live? I am on the central coast, my friend is in perth. Hope we can be of some support to you. I am also a midwife so might be able to give you some advice there. Please don't stress and take care of yourself and your little bundle Quote Link to comment Share on other sites More sharing options...
pommekate Posted December 20, 2010 Share Posted December 20, 2010 I have just sent you a private message hope the info is usefull Quote Link to comment Share on other sites More sharing options...
Guest bumblebee Posted January 24, 2011 Share Posted January 24, 2011 My partner and I have just found out that we are pregnant. We are on the 457 visitor visa under my name and I am concerned about the rules regarding ceasing work for 28 days. ie, do I get maternety leave, I would be due in October and started my job in Sep 2010. Pommekate, I would be really grateful to hear the advice that you gave the others. Another question: Does the uk reciprocal health cover maternity needs in Aus ie. scans and birth? Thanks to anyone who can help clear this up for us! Quote Link to comment Share on other sites More sharing options...
pommekate Posted January 24, 2011 Share Posted January 24, 2011 Hi bumblebee- I am not too sure about your visa, I am not really that clued up with visa etc. I was on a sponsored visa when I fell pregnant, I had been with them for just under two years when I went on maternity leave. So I got the same entitlements as my aussie co workers. I had my first child over 7 years ago, although I did have private health cover I had not had it long enough to be covered for pregnancy, but I booked into a public hospital and everything was covered by reciprocal health agreement, you do still have to pay for bloods and scans but you will get some money back from medicare. Antenatal visits and birth etc is all covered. If you want to pm with any other info please feel free, I did get slated once on here when giving advice as some people feel we should not be entitled to anything, at the end of the day we just want to know the facts so we can make informed decisions. I hope you get some usefull information regarding your visa, there are some great informative people on here that do give constructive advise. Quote Link to comment Share on other sites More sharing options...
lizzy27 Posted January 24, 2011 Share Posted January 24, 2011 Were on a 457 & I'm due in April this year. We so far have had to pay for nothing as we get the recipicral health card. Quote Link to comment Share on other sites More sharing options...
ali Posted January 24, 2011 Share Posted January 24, 2011 All the advice you have so far received is wrong in one way or another. Perhpas you'd like to offer a bit of free advice to the OP ... just telling her everyone else whose responded isn't very helpful for her. To the OP, Go Matilda and Cheryl Bird are agents who have an excellent reputation from our membership. Quote Link to comment Share on other sites More sharing options...
misskj Posted March 3, 2014 Share Posted March 3, 2014 Hi, OP could you tell me the outcome my friend is in a similar situation and very confused on what to do Quote Link to comment Share on other sites More sharing options...
ali Posted March 3, 2014 Share Posted March 3, 2014 Hi, OP could you tell me the outcome my friend is in a similar situation and very confused on what to do This thread is a couple of years old misskj - I don't think they post anymore Quote Link to comment Share on other sites More sharing options...
Kele Posted May 22, 2016 Share Posted May 22, 2016 Hi Kate I'm really hoping you still check this as I would be so grateful to hear from you. I am by the sounds of it in a pretty similar if not identical situation to your friend- I'm really interested to hear how she managed to stay as my son is now 6 months old. And I have not worked since March last year and am on a 457. I have a teleconference with immigration. On Friday to discuss cancelling my visa and cannot find anyone this has happened to or relevant advice. I am beside myself and would be so grateful to hear from you. many thanks! Quote Link to comment Share on other sites More sharing options...
blossom Posted May 22, 2016 Share Posted May 22, 2016 Hi KateI'm really hoping you still check this as I would be so grateful to hear from you. I am by the sounds of it in a pretty similar if not identical situation to your friend- I'm really interested to hear how she managed to stay as my son is now 6 months old. And I have not worked since March last year and am on a 457. I have a teleconference with immigration. On Friday to discuss cancelling my visa and cannot find anyone this has happened to or relevant advice. I am beside myself and would be so grateful to hear from you. many thanks! This thread is very old. You might be better off starting a whole new thread. Quote Link to comment Share on other sites More sharing options...
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