Paid Parental Leave on 820/801 partner visas

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  • 1 Post By JandE

Paid Parental Leave on 820/801 partner visas


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Old 05-09-2019, 03:49 AM
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Paid Parental Leave on 820/801 partner visas

Hi all,

I am currently on a 820 visa and have been waiting around 10 months since I applied for my 801.

I am now in the early stages of pregnancy and thought I would double check my eligibility to get Parental Leave Pay (PLP) from Centrelink when I have the baby. I first looked a year or so ago when we started trying and all looked ok, but it seems like there has been some changes since I looked.

I meet all the work requirement and I'm under the income limit but now I am worried about the residency rules. It seems to say i am able to get it on a partner provisional visa (my current 820) but once my 801 is approved I would then fall into the category of having to wait the 2 year waiting period as an Australian resident.

Am I correct in reading this? So if I have the baby before my 801 is approved I will get the PLP but if I am approved for the 801 before the baby is born I will not be able to get it? That seems very strange to me!

As I'm a fairly new member I cant currently post the URL links to the Centrelink pages i have been looking at but I have been looking under the 'Eligibility' and 'Residence Rules' under the 'Parental Leave Pay' section.

Thanks


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Old 05-09-2019, 04:02 AM
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This is the link: https://www.humanservices.gov.au/ind...esidence-rules

Your 820 was granted before 1 January 2019, so you seem OK, from my reading of this. I think...


To get Parental Leave Pay you must meet residence rules.

When your child is born or adopted you must be living in Australia and either:
have Australian citizenship
hold a permanent visa
hold a Special Category visa, or
hold a temporary visa, such as a partner provisional, interdependency or temporary protection visa.
If your residence visa or specified visa subclass is granted on or after 1 January 2019, the following waiting periods apply.
2 year waiting period for the following payments:
Parental Leave Pay.
If your permanent residence visa or specified visa subclass was granted before 1 January 2019,
You won’t have to wait the Newly Arrived Resident Waiting Period for:
Parental Leave Pay


specified visa subclass
You may be exempt from being an Australian resident, for limited payments and concessions, if you hold a partner provisional visa including:

subclass 820 - Partner visa (temporary)
subclass 309 - Partner visa (provisional)


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Old 05-14-2019, 06:22 AM
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Do noy rely on information published on government websites, read the legislation.

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Old 05-14-2019, 08:51 AM
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Wow thanks! I did not realize the requirement about the waiting time would apply to me. I didn’t think that, after 10 years in this country, I would qualify as a “newly arrived “ resident! If I ever get a PR, that is.


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Old 05-14-2019, 10:26 AM
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Quote:
Originally Posted by Agnese View Post
Wow thanks! I did not realize the requirement about the waiting time would apply to me. I didn’t think that, after 10 years in this country, I would qualify as a “newly arrived “ resident! If I ever get a PR, that is.
Normally, when Centrelink say 'resident' they really mean Permanent Resident.

The waiting period is time spent in Australia as an Australian resident.

You are an Australian resident if you live in Australia and are either:
an Australian citizen
a permanent residence visa holder, or
a protected Special Category visa (SCV) holder

Those on temporary visas are not normally counted. But some are.

My wife will have lived here for near 6 years to get her 2 years covered.


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