# Applying for Spouse visa, partner is pregnant



## feckless.lout (Aug 7, 2009)

Hello everyone,

I've been reading over some posts on this forum and must say I'm really glad to have found the place, a lot of really good information is being shared. I tried doing a search for my specific question but didn't happen upon anything so here is my situation -

I'm an Australian and Canadian citizen, currently residing in Canada with my pregnant partner and our daughter. I recently lost my job due to the center being moved overseas for cheaper labour and we've decided to move our family back to Australia as the job seeking here is getting us nowhere due to my lacking skills in the french language.

We're trying to move before the baby is born, which is expected November 25th, as we are currently living with my partner's mother in a two bedroom place. There's already four of us so it's cramped enough as it is without adding the second child. If we wait for the baby to be born we'll be stuck here even longer, waiting for the baby to be ready to travel, organizing his/her passport and waiting for my partner to feel comfortable to fly on a plane after this exertion. Plus money isn't exactly swimming in at the moment (I'm covered by EI until December or so). So time is running out fast.

Now we just did the medical, and we were prepared to take the X-Ray having read enough information about the risks involved and the measures that you can take to minimize them. However after doing the medical and asking about the X-Ray the Radiologist went on to explain to us that the best time to take an X-Ray is in the first trimester because _"the cells that are being destroyed can reform"_ and that doing it at this stage of the pregnancy is too dangerous. This shook us both up, but was contradictory to everything we have read so far. I mentioned to the Radiologist that the X-Ray form from the Australian government says that they don't recommend doing the procedure while pregnant but if you were to do it to try and have it in the second trimester. She brushed this off and continued on with the _"you should've done it during the early stages of pregnancy"_. We decided to go home and read more about it as what she was saying was not matching with what we were reading. We're still deciding whether to take the X-Ray or not.

We've looked online at any alternatives and have heard some people saying that you can mention that Canada is a low-risk TB country and if everything else is in order maybe they'll waive the X-Ray because of the circumstances. This goes against what is said in the form however which clearly states: _"It is recommended that a pregnant visa applicant defers her chest x-ray, *and therefore the decision on her visa application*, until after the child's birth."._

We're wondering if there has been any confirmed cases of anyone getting a spouse offshore visa without getting a chest x-ray? I can't seem to find any evidence of this, only people recommending trying it.

My second question is, if my partner is granted a Partner Visa: Offshore Temporary and Permanent, is she eligible for Medicare to give birth to the child over there? The website says: _"Partner temporary visa (subclass 309): you may enrol in Australia's medical benefits expenses and hospital care scheme, Medicare."_ and checking the Medicare website it says that if you have applied for Permanent Residency then you can receive Medicare. Is this single application considered to be an application for Permanent Residency with Medicare? I have spoken to some people over the phone at the High Commission here who have told me if she is granted the visa as a Temporary Resident she will _not_ be eligible so we're a little confused.

That's my life story, I hope someone was able to stick around through it all without falling asleep. We appreciate any help anyone can provide


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## elkitten (Jul 6, 2009)

Hey there--from what i read on another post, you do get medicare with that visa. After all, one of the reasons why you have to do the full medical, at a panel doctor, without question, is because the visa is a gateway to a permanent visa hence is treated as a permanent visa.

As for the x-ray, im sorry but i'm not sure. How abut contacting immigration or your case officer and stating your case--you are australian and it is your right to have your child in australia isnt it? Has your partner ever even set foot in a country with a high/higher TB risk? if not, maybe write a statement to that effect.

I'm Canadian with an Australian partner trying to get the same visa as you (although mine is Defacto). Funny you mention the work thing--i speak french and believe me, that's not the only thing you have working against you. My partner and i tried to get jobs in canada so that we could live near my family for a while (i'd been in Oz for 5 years) but it was not to be. its sooooo though right now in north america isn't it? 

Good luck with everything, keep us updated!


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## Wanderer (Jun 16, 2007)

You've certainly got a few issues there lout and couple of things
. [just seeing as the wife is a radiographer] - and not to say the danger of a Chest Xray is overhyped but my wife has done Xrays on pregnant women and the theory is that a single Xray is as big a dose as what one gets doing an international flight from northern hemi to Australia [ the distance/time, not crossing the equator] and she just raised an interesting point about airline pilots not sitting in a protective lead lined cockpit!
A radiographer could use [and you can ask - the pregnancy being obvious] a leaded garment over the main stomach area.

. As to whether you'd be covered by medicare or not, sometimes it would seem high commission people may not be as familiar with regs as they ought to be [ another recent example was a poster here being told that because they lived in Northern Ireland - part of the UK - they would also need a police clearance from Ireland!] and the immigration regs for a 309 clearly state that the one application is an application also for a 100 PR visa [actually the two year waiting can be waived in some circumstances with evidence of time together and/or include children]

But it is that basis of the application being a 309/100 that have immi saying that an applicant would be covered by medicare.

Your other hurdle with the immigartion could be AofS for you'll need to show your ability to provide for your partner and the children, where you'll live, employment etc.


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## Wanderer (Jun 16, 2007)

Just a little more on radiography and pregnancy - Page 12 - X-ray Equipment in Medical Diagnosis - Part A: Recommended Safety Procedures for Installation and Use: Safety Code 20A


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## Lisa84 (Nov 13, 2010)

Hi all, I thought I add my question to this post because we are exactly in the same situation. We are about to lodge our visa application, it shouldn't be a problem as we had been in a defacto relationship for 6 years. I just found out that I am 5 weeks pregnant. Unexpected, but we are stoked! I had trouble with previous pregnancies so I don't want to take ANY risk at all and would not like to do an XRay.

I called the embassy in Berlin and they said to apply without the medicals, and the case officer will advise us whether an XRay will be necessary. Now this is contrary to what the Immigration website states. Has anyone had the Xray waived and got a visa anyway? Like the thread starter, we are from a low-risk country and I have never been to a high risk country before.

Another question is: Should we include the pregnancy in the application to add some strength to it? I am only 5 weeks along, but still...


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## aussiegirl (Dec 15, 2009)

Hi Lisa,

Congratulations 

I would take the Embassy staff's advice over the website, since indivual offices do things differently to what is on the generic immi.gov site. You definitely have to include the pregnancy in your application, as this can potentially waive the 12 month requirement if that is an issue for you two, and it of course shows a long-term committment between you.

I would lodge the application and state in a cover letter that your were advised to take x-rays later if requested. It's not a big drama to do it later and won't really affect the processing time too much I don't think.


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## Dan&Pricila (Jan 23, 2011)

Hello Lisa,

Days away from starting my wife's visa process we just discovered she was pregnant!To my acknowledgement the case manager will make the final call on if an x-ray is needed and in most cases I assume it will be before the perm. visa is issued (??). 

The problem is, 'no perm. visa = no medicare cover'.. so the way I see it, if you want to have the baby in Aust then that x-ray must be done!! Please correct me if I'm wrong?!

Also note, if you are out of the county for more that 3years and have a baby you are not eligible for the $5000 babybonus (If you return within 3years of leaving the money is still payable at a later date)


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## Wanderer (Jun 16, 2007)

Dan&Pricila said:


> Hello Lisa,
> 
> Days away from starting my wife's visa process we just discovered she was pregnant!To my acknowledgement the case manager will make the final call on if an x-ray is needed and in most cases I assume it will be before the perm. visa is issued (??).
> 
> ...


It'll be interesting to hear how Lisa has faired Dan & Patricia but I am wondering where your information came from for case managers or Case Officers as they are usually referred to have no say whatsoever on medical matters and have to accept what Medical Officers determine in respect to health matters.

Though there is specific mention of Xrays on the form 1071i the words there and on Health Requirements for Visa Applicants do give MOCs some room for variance though I have no idea whether they'll use it but they'll decide on necessity for an Xray.
The only way that a CO could affect what is required would be if they considered someon applying for a partner visa to in the first instance be applying for a temporary visa and apply http://www.immi.gov.au/allforms/pdf/1163i.pdf but wording on that form would seem to make that most unlikely and in fact they would not be following regulations.

You will see from Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100) that an applicant can enrol for medicare once the TR or PR visa is granted and what status is granted will depend on eligibility.

btw, partner visas are taking quite a while at the moment and so it could get close to or after birth date that the visa would be granted if processing without an Xray does proceed and if it looks close to birth time, you may find some airlines do have restrictions re carrying advanced pregnant women.


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## fbr (Mar 4, 2012)

My wife and I are in the same situation. We're about to apply and she's 14 weeks pregnant. 

I'm starting to think this xray is a veiled form of discrimination really. I mean, they say it's for TB, but there is the Mantoux test which is accurately used for many other countries (I did this to join a government work programme in the Republic of Georgia).

Has anyone tried to fight the chest xray on this? The more I read, the more I see it's fairly safe in the later trimesters; but still I would rather not have her do it.

Also, as I'm currently living with her overseas as I can't leave her alone while she's pregnant - it will be hard for me to get a criminal history check while out of Australia which is required once the baby is born.


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