# Working Holiday Visa While Pregnant



## RobM (Nov 19, 2010)

I'm trying to help my daughter (UK citizen) who is currently in Australia on a Working Holiday Visa. She and her partner (AUS Citizen) are leaving AUS in a couple of weeks time to visit UK and are then returning to AUS in January.

The complication is that she is now two months pregnant and had initially been told that this would not affect her application for a second Working Holiday Visa. However she has recently been told by IMMI that she no longer qualifies for the visa as she will have a cependent child with her at some time in 2011 during the validity of that visa.

So at the moment she'll be trying to get back into AUS in January on a tourist visa but then will have to leave AUS in March and may not be able to fly at that time?

She's most frustrated as all her and her partner's plans had been based on being able to renew the Working Holiday Visa.

Discounting the X-ray issue IMMI have suggested marriage as an option, seems a strange tack to me?

Any suggestions or advice would be most welcome.

Many thanks in anticipation Rob


----------



## Wanderer (Jun 16, 2007)

It seems that she will be affected by the restriction on not having an accompanying dependent at any time, stated as


> •not be accompanied by dependent children at any time during your stay in Australia


 in general requirements @ Working Holiday Visa (Subclass 417)
A bit of a communication mix up of sorts it would seem but that can happen depending on who is spoken to in Immi, it being a large organisation with not everyone always having full knowledge.
Main thing is she understands now what the regulation is and as for a suggestion of marriage, it can only be considered as a suggestion for Immi are not there to work out what someone ought to do and advise them.
I do know of people who would be against flying even when pregnant @2.5 months and also certainly @ 3.5 + months and that is something she ought to get some medical advice on.
If they are planning a life together and she wants to return to Australia one potential option would be for them to get married and apply for a partner visa prior to her current WHV expiring if that is possible, a NOIM that takes a month being needed.
By applying for the partner visa she would be granted a bridging visa from when the WHV ceases to when a decision is made on the partner visa and if they have been together for say six months or so and have the appropriate evidence of a relationship, the chances should be good for a visa to be granted, hence possibly the Immi suggestion
Being from the UK, there are reciprocal rights for basic medical services and if a visa is granted quick enough she should be covered for the pregnancy hospitalisation but not sure on that if the birth beats the visa.

That way at least they will be together and no flying immediately involved and that might best occur later when a visa would not be an issue.

By returning to the UK, as well as the flights while pregnant, it could just get a lot messier with her reliance on a tourist visa for whilst she could apply for say a six or twelve months tourist visa there can be what are called No Further Stay conditions applied and hence if what is called an ETA is got via a travel agent, they usually do not have the NFS but you do need to see about getting another visa within three months or leave and then come back again.
Applying for a partner visa without marriage would be an option if they had at least a 12 months relationship going but without it marriage would seem the way to avoid travelling.

So they do need to take account of not just what visas there are and they do allow but what is best for the baby and the sooner they settle on something and do not stress on it the better for baby too.


----------

