# Sub-Class 461 visa ...maternity leave pay & future visa



## Shell09 (Nov 5, 2008)

Hi everyone

I was just wondering if anyone could help with what entitlements we have under this visa in regards to maternity leave pay from the Australian government?

Also I was told today that I am unable to apply for permanent residency through my partner (NZ citizen) so have to continue with my temp residence unless he applies for perm residence ...... would have been nice to have been told this before I applied for this visa ...... hope nobody else gets caught out!!!!!!!!!!! Now I need to figure out what to do! 

thanks Shell


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## Guest (Jun 27, 2011)

New Zelanders & people on 461 are not fully eligible for welfare payments as they are classed as temp/long term residents. Here is what NZ can get. New Zealand citizens claiming payments in Australia obv there are other qualifying factors.


Some payments you can not claim but your partner can Family Assistance Office | Residency Requirements General

Does your hubby have a plan for getting residency in Aus? He would still have to apply for 176 etc.


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## Shell09 (Nov 5, 2008)

Thanks Shel. 

I was thinking that maybe I need to find out about work sponsor or I guess for my boyfriend to apply for perm residency then after sponsor me for perm residency. 

The question though, even though I am only a temporary resident, would I qualify for maternity payment from the govt?

Thanks Shell.


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## Guest (Jun 27, 2011)

Nope, you'd qualify for little. Your partner can claim family assistance for you all though. But to get maternity you'd need to be in a job for a year before you got pregnant anyways! Your partner could take paid parental leave though if he's been in his job a year of course! 

Does your BF qualify for PR? Or do you?


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## Shell09 (Nov 5, 2008)

Thanks Shel. I have been at my job for over a year now. BF can apparently apply for PR then after 2 years I think it is he gets it then he can sponsor me and I have to wait 2 years on a 'temp' visa till PR is granted - think it's the sub class 801 & another! 

Was going to ask work re sponsoring me but I don't think a Personal Assistant would get sponsorship (


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## Guest (Jun 28, 2011)

Shell09 said:


> Thanks Shel. I have been at my job for over a year now. BF can apparently apply for PR then after 2 years I think it is he gets it then he can sponsor me and I have to wait 2 years on a 'temp' visa till PR is granted - think it's the sub class 801 & another!
> 
> Was going to ask work re sponsoring me but I don't think a Personal Assistant would get sponsorship (


 You've got this a bit confused. Your BF can apply for PR as soon as his employer is willing to sponsor him. If he is in the job 2yrs then he doesnt need to do a skills assessment, if he can pass a skills assessment then he can go for PR straight away. But only if they are willing to sponsor, there is no automatic right to apply for PR without their sponsorship just because he has been in the country 2yrs. 

You would be added as a dependent to his PR application so long as you qualify as a defacto couple. You wouldn't need to apply separately for a spouse visa. So no extra time wasted & no 2yr temp visa.


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## Shell09 (Nov 5, 2008)

Thanks Shel, that makes a whole lot more sense!!!!! Appreciate your help with this one more than you know!!


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## Guest (Jun 28, 2011)

NP, get him to speak to his employer asap or you to yours. Soon as they get the ball rolling sooner you are PR and on a level footing with everyone else! 
Shows the amount of info you can soak in from years of reading the immigration forums while applying for my own visa lol!


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## Shell09 (Nov 5, 2008)

would that mean that I could also get the same from my employer and have him as my dependent?

so would it still be the employer sponsorship - after 2 years with no skills required? (same visa)

def sounds like it pays off ...... i stopped reading the forums after we got here but wished i had carried on now!


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## Guest (Jun 28, 2011)

Yes, either of you goes as dependent one as main applicant. Same visa 121 I think but sure there might me another too. Employer Sponsored Workers - Workers - Visas & Immigration


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## Shell09 (Nov 5, 2008)

Thanks Shel ............... you are a *  

Good luck with your move in Sept


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