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Guest Mackems down under

Maternity benefits 457 vs permanent resident

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Guest Mackems down under

Hi, I am currently on a 457 visa with my husband and have been living and working in Oz for over 2 years. We are looking to start a family soon but I've heard there are no family benefits for people on a 457 visa. Does anyone know if I have a baby whilst on a 457 visa and then apply for perm residency, would I be able claim maternity pay for the child if I am not working. Wasn't sure if you could claim after child was born. Also if I become pregnant whilst in process of applying forperm residency, does this effect our application at all?

 

Any info would be much appreciated.

Thanks

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Guest Kate10

Hi there,

Well I can fill you in on what I know about my own situation and hopefully that will be of some help to you!

 

I have never been to Australia - have just been granted my PR visa. I am 29 weeks pregnant and flying over in a few weeks. I'll be having my baby in Australia and my baby will be an Australian citizen from birth.

 

I get full medicare cover so the birth (under public system) will be free. I have never worked in Australia so will not be entitled to maternity benefit. However I will get the full baby bonus, which I believe is about $4k spread over 6 months. The baby bonus is means tested but you can earn up to $75,000 as a couple over 6 months so $150k over 12 so most people will qualify. I am also entitled to child care rebate for both of my children, which means that the govt will give my husband and I a tax rebate of 50% of our childcare costs capped at $7,500 per child. You are only entitled to this if you are working/studying at least to some degree. There is another long term child benefit which is worth less and I think is means tested also but when I worked it out we got another approx $130 per month long term.

 

Something like that anyway! So all that would apply to you if you have your PR when your baby is born.

 

If you get pregnant after you file your application but before you have your medicals you have two choices - DIAC do not make pregnant women have a chest xray so if you opt not to do so your application won't be processed until after the birth and after chest xray is submitted - essentially you get a time extension. This can be very handy because it means you can add your baby to your application before submitting your final meds etc at no extra cost. The alternative is you can choose to have the xray (I did) and then your application will be processed and if completed before your baby is born, your PR application is granted, and your baby is born in Australia he/she will be a citizen from birth. Getting the timing right is obviously important because if you have the xray and don't add your baby to the application before the application is granted you will have to apply for a new PR visa separately for your baby - costs about $3k and takes 7 months to process.

 

Does that all make sense!? Feel like I'm blathering a bit!

 

Hope some of that is relevant to you and helpful!

 

Kate.

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Guest Mackems down under

Thanks Kate and congrats on the baby and good luck with the move.

Good advise on the delayed application.

 

Do you know What the case would be if I was still on a 457 and had baby but then applied for residency once born. Would I be able to claim the maternity benefit for this child if it's still within the 1 year I am eligble to take off work or do I need to be a PR before baby is born?

 

Thanks

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Guest Kate10

Hi there,

 

I'm no expert but I don't think you are entitled to maternity pay on a 147 visa. According to Centrelink you must be an Australian Resident which is defined as:

 

"an Australian citizen;

the holder of a permanent visa;

a New Zealand citizen who arrived in Australia on a New Zealand passport; or

the holder of a temporary visa subclass: 070, 309, 310, 447, 451, 695, 785, 786, 787, 820 or 826 or the holder of a Criminal Justice Stay Visa issued specifically for the purpose of assisting in the administration of criminal justice in relation to the offence of people trafficking, sexual servitude or deceptive recruiting."

 

Check out this link for more info:

 

http://www.centrelink.gov.au/internet/internet.nsf/individuals/ppl_working_parents_eligibility.htm

 

From my reading of it it seems that you would not get anything until the PR visa is actually granted, but it seems a bit complicated. Maybe if you phoned centrelink they might be able to tell you for sure?

 

The other thing you might want to consider is the status of your 457 visa if you take time off work - are you the primary applicant? There is another thread on Poms about this issue ....check out the second post on this thread - (although it may be out of date now ..)

 

http://www.pomsinoz.com/forum/migration-issues/33204-457-visa-pregnant.html

 

Best of luck!

 

Kate

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I'll be having my baby in Australia and my baby will be an Australian citizen from birth.

 

 

Hi

 

I know this thread is old now, and I came across it while searching somewhat related questions....however according to the comment above, from what I understand this is not technically correct. A baby born in Australia to parents who are both not citizens (i.e. permanent residents) means that your new born will also need to apply for citizenship the same way you would (obviously after x amount of time).

 

Happy to be corrected here, but unless one or more of the parents are an actual citizen at the time of birth, then the baby won't gain automatic citizenship. I'll assume Kate10 has had her baby now, so maybe she could clarify what happened in her situation?

 

Cheers

Mark

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Hi

 

I know this thread is old now, and I came across it while searching somewhat related questions....however according to the comment above, from what I understand this is not technically correct. A baby born in Australia to parents who are both not citizens (i.e. permanent residents) means that your new born will also need to apply for citizenship the same way you would (obviously after x amount of time).

 

Happy to be corrected here, but unless one or more of the parents are an actual citizen at the time of birth, then the baby won't gain automatic citizenship. I'll assume Kate10 has had her baby now, so maybe she could clarify what happened in her situation?

 

Cheers

Mark

 

I'll correct you.. :wink:

 

Babies born to parents who have PR will be Australian citizens by birth. Just as they would if born to parents who are citizens. So Kate10 was quite correct.

 

Babies born to people on temp visas automatically get the same temp visa as the parents.

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Hi

 

I know this thread is old now, and I came across it while searching somewhat related questions....however according to the comment above, from what I understand this is not technically correct. A baby born in Australia to parents who are both not citizens (i.e. permanent residents) means that your new born will also need to apply for citizenship the same way you would (obviously after x amount of time).

 

Happy to be corrected here, but unless one or more of the parents are an actual citizen at the time of birth, then the baby won't gain automatic citizenship. I'll assume Kate10 has had her baby now, so maybe she could clarify what happened in her situation?

 

Cheers

Mark

 

 

In regards to my message above. I think I've found the 'correct' answer now, and in fact Kate10 was probably right.

 

[h=2]Australian citizen by birth[/h]Whether you are an Australian citizen by birth depends on the date of your birth.

Most children born in Australia before 20 August 1986 are Australian citizens by birth unless one parent was entitled to diplomatic privileges or was a consular officer of another country.

Children born after that date are only Australian citizens if at least one parent was an Australian citizen or permanent resident at the time of their birth.

Children born in Australia to parents who are not Australian citizens or permanent residents, automatically acquire Australian citizenship on their 10th birthday if they have lived most of their life in Australia.

 

http://www.citizenship.gov.au/current/

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In regards to my message above. I think I've found the 'correct' answer now, and in fact Kate10 was probably right.

 

Australian citizen by birth

 

Whether you are an Australian citizen by birth depends on the date of your birth.

Most children born in Australia before 20 August 1986 are Australian citizens by birth unless one parent was entitled to diplomatic privileges or was a consular officer of another country.

Children born after that date are only Australian citizens if at least one parent was an Australian citizen or permanent resident at the time of their birth.

Children born in Australia to parents who are not Australian citizens or permanent residents, automatically acquire Australian citizenship on their 10th birthday if they have lived most of their life in Australia.

 

http://www.citizenship.gov.au/current/

 

mnicona,

Kate10 was absolutely correct.


Skills Asses -Sep 07,Visa (175 ) Lodged -Feb 08,Visa (175) Payment & Ack - Feb 12 08,Police Checks Sent- April 08, Meds Comp- 23 July 08, Meds Sent and Signed for 01/08/08, Arrived in OZ 27/08/08 as ETA !, Visa Grant 12/09/08, Australian Citizen 22/03/2013

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Not sure why this 18 month old thread was resurrected, but now we have confirmed that the old information was correct ... thread closed.

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