# Pregnant (yay!) on 457 visa help



## gormo92 (Aug 7, 2011)

Hello,

So i'm a 29 year old Irish lady on a 457 visa, i'm two years into it and three years in Australia. I have a (fabulous!) Ozzie boyfriend and we've been together for 2 and a half years. My family have all met him, i've met his family and everything is great. Last week I started looking into applying for DeFacto Visa as I wasn't entirely happy with my job and was finding it difficult to get a new one. However, in the last few days, we've found we're expecting a baby! I'm 6 weeks gone. This has brought feelings of excitement, happiness, joy but also worry, fear and a million questions. As I am on a 457 visa i'm entitled to nothing. Luckily Ireland has the reciprocal agreement so I was able to get checked out no problem. 

We're just not sure what to do. Kind of thinking to go for the employer sponsored PR - which we would pay for ourselves - but I know there would be an issue with the medical as i wouldn't be able to get an x-ray done. If my boyf and I go back to Ireland i'm pretty sure we wouldn't be entitled to anything there as I haven't worked there since 2008 and he may find it hard to get work.
Do we go back home for 3 or 4 months after the baby is born and then come back to Oz? Do we stay here for 2 or 3 years, get married and then go home?

I have all these questions spinning around in my head and would absolutely love any thoughts/feedback anyone has......

Thank you so much.


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## SarahM (Feb 8, 2011)

Hi,

Congratulations. I'm a bit confused as to whether you want to stay in Australia or move back to Ireland.

You should, in my opinion, apply for the de facto visa because if you have been living with your partner for that long, you will have no problem making a good application that will grant the visa. As soon as you apply for the visa you will be eligible for Medicare and on the partner (de facto) visa you will have unlimited working rights.

So as far as the xray goes, you can apply without the medical and therefore be able to apply for medicare, and once the baby is born complete the xray to finalise the application.


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## gormo92 (Aug 7, 2011)

I'm a bit confused as to whether I want to stay here or go to Ireland too! I obviously want to be with my family and my boyfriend is happy to go as well but there's no point in both of us leaving good jobs, a house we rent, our car etc to go to Ireland where we'd have to start again and there'd be a good chance we wouldn't get work with the current economic situation. But I don't want to stay here if I can't get PR/DeFacto.

If I apply for a DeFacto, the decision will be delayed until I can get my X Rays done for the medical - from what i've read anyways. I can't get x rayed while i'm pregnant. See the dilemma?

Thanks for the congrats 



SarahM said:


> Hi,
> 
> Congratulations. I'm a bit confused as to whether you want to stay in Australia or move back to Ireland.
> 
> You should, in my opinion, apply for the de facto visa because if you have been living with your partner for that long, you will have no problem making a good application that will grant the visa. As soon as you apply for the visa you will be eligible for Medicare and on the partner (de facto) visa you will have unlimited working rights.


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## SarahM (Feb 8, 2011)

gormo92 said:


> If I apply for a DeFacto, the decision will be delayed until I can get my X Rays done for the medical - from what i've read anyways. I can't get x rayed while i'm pregnant. See the dilemma?


1. You can get xrayed if you agree to taking the precautions of using a lead shield and waiting until the 2nd trimester.
2. Yes, if you wait for the xray until the baby is born, the decision will be delayed, _however_ while you wait you will be on a Bridging visa which usually has the same conditions as your previous (457) visa, and you will also be able to use Medicare, the health system. So there's no problem in waiting seeing as you'll be able to work and use the health system.

Also, you would eventually be eligible for citizenship on the partner visa. The partner visa works in 2 stages, first they grant you temporary residency, then 2 years from the date you _applied_ they will re-assess you and you will be granted PR which will enable to you because a citizen (I think after 1/2 years of being PR, I can't remember exactly).

http://www.immi.gov.au/allforms/pdf/160.pdf
_If you are prepared to undergo a chest x-ray while pregnant
If a pregnant visa applicant is prepared to undergo a chest
x-ray, it is recommended that she consults with her doctor
before arranging her appointment for a chest x-ray and that
special precautions are taken (eg. using a protective lead
shield and waiting until at least the second trimester). A
pregnant visa applicant must sign the declaration on page 4
before undergoing a chest x-ray._

Also, the good thing about living with your partner if you hold a partner visa, is that even if you are both living overseas you will still be eligible to apply for citizenship. Usually permanent residents must remain in Australia for most of their time, only with very little amounts of travel overseas, in order to apply for citizenship. However, having an Australian partner means that as long as you live with him, time spent overseas can be counted as time spent in Australia:
http://www.citizenship.gov.au/applying/documents/support_docs/support_1300t_1290/resi_variation/


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## gormo92 (Aug 7, 2011)

OK cool, thanks for that. Just one more question - would the baby be Australian if it was born here and I was a PR? How does that work? It doesn't bother me at all, just wondering.


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## SarahM (Feb 8, 2011)

gormo92 said:


> OK cool, thanks for that. Just one more question - would the baby be Australian if it was born here and I was a PR? How does that work? It doesn't bother me at all, just wondering.


That's fine, the child will have automatic citizenship since his father is Australian 
Also, you can apply for the partner visa offshore (in Ireland) if you decide to stay there for a while, but you'll have to be offshore when a decision is made.


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## gormo92 (Aug 7, 2011)

Perfect! Thank you so much SarahM! We're starting to feel lots better already


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## SarahM (Feb 8, 2011)

You're welcome, good luck with the baby and all the best!


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## marieburke83 (May 5, 2010)

Hi Gormo92

Kind of know how your feeling.. Mind working over time and coming to a dead end or crossroad every 
time you think you have come to a decision.
Not sure if i a can be much help as my situation is a little different

I am a 28yr old Irish female, My partner is Australian and we are due our baby in two weeks.
I travelled to Australia in August 2008 on a WHV, met my partner in My 2009 while working on a farm for 2nd year WHV. Evidence of defacto relationship only from March 2010.. Moved to New Zealand so that we could stay together after my visa was up in August 2010.. found out i was 6 weeks pregnant in January 2011.. (got excieted and stressed like you)

We decided at the time to go ahead with the x ray and that we would apply for visa for Aus as planned in March

April 2011 we had are everything ready to be posted to immigration.. except x ray as we had to wait to be told to go for medical as we where applying off shore. 
March 2011 our day came to apply for visa but i backed out with much stress as the thought of harming our baby with a chest x ray was eating away at me.
My partner agreed that he had been feeling the same.
But my Visa for New Zealand was going to be up a few days before our baby was due plus our hospital bill was starting to get high and if i had an uncomplicated birth and 3 night stay in Hospital our bill would of had been $10,000 plus all other visits..

Wages are a lot lower in NZ and we could not afford for my partner to stay in Ireland with me for 3 months (neither of us working) and to apply offshore and to hope that our visa would be granted fast.. plus the thought of been months apart was a hard though i know many have to do it..

In May we came to Aus me on a 3 month E-visitor visa and applied for defacto visa only last month, onshore, cover letter and scan copies explining why medical had not been done .. i know immigration look down on people who apply on tourist visas but i hope that they will have some compassion..

My partners wage is a lot better here but two wages for two people have suddenly become one wage for three people, i feel that i have put a lot of pressure on him.. plus he has 2 listen to me moan that i dont know anybody here and he is working 7 days...

We are very much in love and know that it will come good.. all families have 2 survive on one income at some stage..

Think it might of hit us a little harder as we had 2 set up in a new country all over again and i have not been able to work since May.. deposit for a new place, furniture, car, start up stuff 4 babs, plus $2,900 for visa as i was on a visitor visa when applying

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When is your current visa up? Can you stay on that and apply for defacto visa while on Maternity leave as yous wont have to pay for the visa once your baby is born?
I know it sounds a bit dodgy but use will only have one income soon and use will need every cent for when the your baby comes and before..
plus your visa will be put on hold till after the baby is born for your chest x ray..

It is said that u can go a head with the x ray as Sarah said.. but as it was put to me ( If your baby is born with a disability could you could you look at it every day never known if the x ray caused it)

I know its hard going through the biggest event in your life without family, close friends to support and share the experience with you.

U can also fly up to 6 weeks before your due date with your partner on a 3 month holiday visa in Ireland and apply for defacto visa off shore.. but your new family could have to seperate for up to 6 month while waiting for the visa decision to be made.

What is the chance of your partner finding work in Ireland with the state of the economy as
Use can also apply for a defacto relationship in Ireland if use can prove use have been in a genuine relationship for 2 years... The process time is only 2 months and not as costly..

Department of Juctice and equality Irish Naturalisation
6 Immigration service
13/14 Burgh Quay
Dublin 2

phone = +353 1 6167700 press 3 for defacto 10am till 12.30pm Irish time on a Thursday. 
email= [email protected]
website = Irish Naturalisation and Immigration Service Home Page

I think Ireland have stopped all benefits for people who have been away for over 2 years..
Not sure about benefits in oz.. Though your partner should be able to claim for his child if his income is to low.


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