SarahandOli

Does anyone know about maternity leave if you are on a 457 (4 year visa?).

We are here through my work based 457 visa and we are thinking of having children next year. However I am a bit worried about whether we would still be able stay in aus?

I have got a couple of questions….

Is my employer legaly obliged to keep my job (or a job) open for me whilst on maternity leave?

If not legally obliged, but employer wants me to return after maternity leave is that allowed on 457 visa?

And finally would the 457 visa permit me to work part time after having a child (I think I may have read that you need to be in full-time employent?)

many thanks

SarahandOli

Anyone got any ideas????

JAJ

If you are going to be the 'main' 457 holder then you seriously need some good professional advice.

The main 457 holder is expected to do the job for which the visa was granted, and DIMIA may take a dim view of anything other than short term leave.

Also be aware that as a 457 holder:

- any children you have born in Australia will *not* acquire Australian citizenship at birth (one parent must be a citizen or PR)
- you will have no entitlement to any Centrelink benefits for new parents.


Jeremy

SarahandOli

hmmm thanks Jay - I see your point that DIMA might not look on it too favourabley.

Though it would be a little unfair to have to leave aus just because we have decided to have kids!

I guess if we were to have PR, then this would no longer be an issue?

Will try and get some proper advice - though the agent that handled our immigration is my employers lawyers, so probably safer to find someone whose independent!

JAJ

Correct. Get PR and these problems disappear:

- no problem with taking time off work (as far as DIMIA are concerned anyway);
- Centrelink benefits
- automatic Australian citizenship for your child.

I'm not saying DIMIA would cancel your 457, but I think your options regarding maternity leave (if you are the 'main' 457 holder, not the spouse) would likely be limited. And you have the issue of being excluded from benefits and no Australian citizenship for your child.

In your position I'd look to sort out PR immediately if you plan to stay in Australia. Is your employer willing to sponsor for ENS? And do you qualify for ENS, in the light of the April rules.

If you want to get some independent advice (on the 457 and PR issues), ask on this forum for recommendations, alternatively contact IARC in Sydney for a referral to a competent practitioner. http://www.iarc.asn.au

Be prepared to pay for such advice. It is definitely worth having a clear view of the visa issues before you have children. Usually it's best to have PR granted before any child comes along as if the pregnancy starts in the middle of PR processing it normally delays everything unless you've already done medicals.

A good migration agent can only advise on the *visa* issues - if you want advice on your entitlements under employment law, you will need to see an appropriately experienced solicitor.

Jeremy