Partner Visa Pregnancy

Partner visa pregnancy raises practical and legal questions for couples who are waiting for a decision. If you or your partner become pregnant while a partner visa application is pending, the application continues, but you need to keep the Department informed, plan the health examination, and understand whether the baby will be an Australian citizen or a visa applicant. Partner visa pregnancy is a common situation, and most of the issues can be managed well if they are handled in the right order.

This guide explains partner visa pregnancy for applicants inside Australia who have lodged a combined Subclass 820 and Subclass 801 partner visa application, and for applicants outside Australia who have lodged a Subclass 309 and Subclass 100 application. It covers what to tell the Department, how pregnancy fits into the relationship evidence, the chest x-ray, citizenship by birth, when the baby becomes an applicant, Medicare, travel, Schedule 3 and what happens if the relationship ends. If you want a wider overview of the process first, our complete guide to partner visas in Australia explains every stage. If your situation is already complicated, our partner visa lawyers can review your file before the baby arrives.

Partner visa pregnancy: the short answer

A pregnancy during a partner visa application does not cancel, suspend or restart the application, but it is a change in circumstances that should be reported, and the birth itself must be reported. The partner visa is still decided on the same criteria: a genuine and continuing relationship, sponsorship, health, character and the other requirements that applied when the application was made.

The practical effects of a partner visa pregnancy usually fall into five areas:

• Notification. Section 104 of the Migration Act 1958 requires an applicant to tell the Department, as soon as practicable, about changes in circumstances relating to information in the application. A birth is one of those changes.
• Evidence. The pregnancy can be part of the evidence about the household and the couple's commitment, but it does not replace the rest of the evidence.
• Health. The chest x-ray can be deferred or done with precautions, and that choice affects timing.
• The baby's status. The baby may be an Australian citizen at birth, or may be taken to be an applicant under regulation 2.08 of the Migration Regulations 1994.
• Risk areas. Schedule 3, travel, the Subclass 309 location rules and relationship breakdown all need separate attention.

Does a partner visa pregnancy speed up the decision?

No, a partner visa pregnancy does not give the application priority under the law. The Department processes partner visa applications in line with its own processing arrangements, and there is no criterion that brings forward a decision because an applicant or sponsor is pregnant. In some cases a pregnancy can lengthen the process, because the chest x-ray is deferred and the health assessment cannot be finished until after the birth. Where there is a genuinely urgent reason, such as a serious complication, a request for priority can be made with medical evidence, but the Department is not obliged to agree. Couples should plan for the usual wait.

Each part of partner visa pregnancy planning is explained below. Our article on Form 1022 for a change of circumstances explains the notification form itself, and our overview of the Subclass 820 visa explains the onshore application in more detail.

Do you have to tell the Department about a partner visa pregnancy?

Yes, you should tell the Department about a partner visa pregnancy, and you must tell the Department about the birth. Section 104 of the Migration Act 1958 obliges a visa applicant to notify the Department, as soon as practicable, if circumstances change in a way that affects information given in the application. Department policy describes the birth of a child after lodgement as a change that must be notified.

The law is clearest about the birth. The pregnancy itself is also relevant information in many cases, because it often affects the health examination, travel plans and the household evidence. Telling the Department early allows the case officer to plan the health assessment and avoids the impression that information was held back. On the question of partner visa pregnancy disclosure, there is no advantage in waiting.

Who should give the notice

The applicant gives the notice, because the duty under section 104 sits with the applicant. Where the sponsor is the one who is pregnant, the applicant should still notify the Department, because the pregnancy and the expected birth change the family composition described in the application. If a lawyer is acting, the lawyer can give the notice on the applicant's behalf. Our guide to Form 956 and 956A explains how a representative is appointed.

What happens if you do not notify

A failure to notify does not automatically cause a refusal, but it creates risk. Incorrect or out of date information can cause delay. It can also raise integrity questions if the Department later learns of the pregnancy or birth from another source. Public interest criterion 4020 deals with false or misleading information given to the Department, and an applicant should never put themselves in a position where that criterion becomes an issue. Partner visa pregnancy is good news for most couples, and it should be disclosed as such.

How to notify the Department of a partner visa pregnancy and birth

The usual way to notify a partner visa pregnancy or birth is Form 1022, Notification of changes in circumstances, attached to the application in ImmiAccount with supporting documents. Department policy states that a separate application form is not required for a newborn child who is taken to be an applicant, and that the parent should complete Form 1022 and provide the child's birth certificate.

Notifying the pregnancy

When notifying a partner visa pregnancy, a short Form 1022 and a letter from the treating doctor or midwife confirming the pregnancy and the expected due date are usually enough. The notice can also explain any plan to defer the chest x-ray, and any travel that is planned before the birth. Our guide to creating an ImmiAccount explains how attachments are uploaded.

Notifying the birth

After the birth, the notice should include the full birth certificate showing both parents, not only a birth registration statement, once it is available. Where the baby is an Australian citizen, the notice should explain that, so that the Department does not treat the baby as an applicant in error. Where the baby is not an Australian citizen, the notice should ask the Department to record the child as an applicant under regulation 2.08 and should include the child's details and, once issued, the child's passport.

Keep the rest of the file current

A partner visa pregnancy often comes with other changes, such as a move to a larger home, a new joint lease, a change of job or parental leave. Each of those may also need to be notified. Our article on what evidence you need for an 820 partner visa explains which records the Department expects to see, and our partner visa document checklist is a useful cross check before you upload anything new.

Is a partner visa pregnancy evidence of a genuine relationship?

A partner visa pregnancy can be relevant evidence, but it is not proof of a genuine and continuing relationship on its own. The Department must consider all of the circumstances of the relationship under regulation 1.15A for married couples and regulation 1.09A for de facto couples. Those regulations list four assessed aspects: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the persons' commitment to each other.

The nature of the household

The nature of the household includes any joint responsibility for the care and support of children, the couple's living arrangements, and the sharing of household responsibilities. A pregnancy, and later a baby, can show joint planning for a shared home life. Practical records help: both partners named on antenatal records, attendance at appointments together, a shared plan for parental leave, and later the birth certificate naming both parents.

The nature of the commitment

The nature of the commitment is assessed by reference to the duration of the relationship, the time the couple have lived together, the companionship and emotional support they give each other, and whether they see the relationship continuing in the long term. A couple preparing for a child together often have strong evidence of long-term intentions. The relationship statement can describe how the couple decided to start a family and how they are preparing for it. Our guide to the partner visa relationship statement explains how that statement is written, and there is only one relationship statement, not a separate statement for each aspect.

Why pregnancy is not enough by itself

Partner visa pregnancy evidence has limits. A child shows that a relationship existed at some point. It does not show that the relationship is genuine and continuing now, that the couple live together, or that they are committed to a shared life to the exclusion of all others. Decision makers still look for the financial, household and social evidence. A file that relies on the pregnancy and has little else can still be refused. Our article on how to prove your relationship is genuine and our guide to preparing evidence of a genuine relationship explain what a balanced file looks like.

Form 888 statements from family and friends

Form 888 statements from people who know the couple can mention the pregnancy and how the couple are preparing for the baby. Witnesses should describe what they have seen themselves. Our guides to Form 888 for partner visas and Form 888 example answers and common mistakes explain what a useful statement contains.

What the Tribunal has looked at in partner visa pregnancy cases

The Tribunal has dealt with partner visa refusals where pregnancy was part of the factual picture. In DOAN (MIGRATION) [2026] ARTA 202, a Subclass 820 matter that came back to the Administrative Review Tribunal after a Federal Circuit and Family Court remittal, the reported issues included whether the relationship was genuine and continuing at the time of application, a valid marriage, and the applicant being pregnant at the time of application. The Tribunal remitted the matter to the Department. In 1817126 (Migration) [2021] AATA 4922, a Subclass 820 matter, the reported issues included a same-sex de facto relationship which had ceased, the evidence of the relationship, a pregnancy during the claimed relationship period and joint household liabilities, and that matter was also remitted. These decisions show that a pregnancy is weighed with all the other evidence, not in isolation. Each decision turns on its own facts.

Partner visa pregnancy and the de facto 12-month requirement

No, a partner visa pregnancy does not usually excuse a de facto couple from the 12-month relationship requirement in regulation 2.03A. Department policy states that cases where the sponsor or applicant is pregnant at the time the application is made are not considered to meet the "compelling and compassionate circumstances" exception. The same policy recognises that there may be exceptional or unique circumstances relating to a pregnancy that could justify the exception, because the decision maker must consider all of the circumstances of the application.

This is one of the most common partner visa pregnancy misunderstandings. Many couples assume that a pregnancy will allow them to lodge a de facto application before they have been together for 12 months. The policy says otherwise. By contrast, the policy lists a dependent child of the relationship as an example of a compelling and compassionate circumstance. A child who has been born is treated differently from a pregnancy.

There are other ways to satisfy the requirement. Married couples are not subject to the de facto 12-month requirement, and registration of a relationship under an Australian state or territory law can also satisfy it. Our article on the de facto partner visa and the 12-month rule and our guide to whether you really need 12 months to apply for a Subclass 820 visa explain the exceptions. Couples who are engaged and outside Australia may also consider the Subclass 300 Prospective Marriage visa. Same-sex couples have the same partner visa pregnancy rules as any other couple, and our LGBTI partner visa page explains how we act for them.

Partner visa pregnancy and the health examination

A pregnant partner visa applicant still has to meet the health requirement, but the chest x-ray can usually be done with precautions or deferred until after the birth. All partner visa applicants are assessed against public interest criterion 4005 or 4007, and the health examinations normally include a medical examination and, for most adult applicants, a chest x-ray. The chest x-ray is used to screen for tuberculosis.

The two options for the chest x-ray

The Department's instructions to panel clinics and radiologists contemplate two paths for a pregnant applicant:

• Have the chest x-ray during pregnancy. The radiologist must counsel the applicant on the radiation risks, obtain informed consent and record that consent. Abdominal lead shielding must be available.
• Defer the chest x-ray until after the birth. The instructions include procedures for managing chest x-rays that are deferred until after childbirth.

The choice is a medical and personal one, made with the treating doctor and the panel clinic. In Australia, health examinations for visa purposes are arranged through the Department's contracted provider, Bupa Medical Visa Services. Overseas, they are done by a panel physician approved by the Department.

What deferral means for your partner visa pregnancy timeline

If the chest x-ray is deferred, the health assessment usually cannot be finalised until after the birth. A partner visa cannot be granted until the health requirement is assessed, so in practice the decision usually waits. For many couples that is acceptable, because the processing period is long anyway. For couples who are close to a decision, partner visa pregnancy planning should include a conversation about timing.

The pregnancy health undertaking

For some visas, the Department uses a pregnancy health undertaking on Form 1392. The applicant agrees to have the chest x-ray after the birth and to follow any treatment a health clinic directs. The Department's published guidance on health undertakings refers to protection visa applicants. Whether an undertaking is offered in a particular partner visa matter is a decision for the Department, and the case officer will explain what is required.

Other health matters during a partner visa pregnancy

A pregnancy is not a health condition that causes a partner visa refusal. The health requirement looks at diseases or conditions that are a threat to public health or that would result in significant cost or prejudice access to services. Any separate medical condition is assessed in the usual way. Where a medical issue does arise, the partner visa health criteria for the Subclass 820 visa include a waiver in some circumstances. Our Subclass 820 partner visa guide covers the health criteria at each stage.

Will the baby be an Australian citizen?

A baby born in Australia is an Australian citizen by birth if a parent of the baby is an Australian citizen or a permanent resident at the time the baby is born. This rule is in section 12(1)(a) of the Australian Citizenship Act 2007. In most partner visa pregnancy cases, the sponsor is an Australian citizen or permanent resident, so a baby born in Australia is an Australian citizen automatically.

Why citizenship matters for the partner visa

If the baby is an Australian citizen, the baby does not need a visa and is not added to the partner visa application. Department policy for the Subclass 801 and Subclass 100 visas says that decision makers usually do not need to consider children born of the partner relationship, because a child born in Australia acquires citizenship by birth if a parent was a citizen or permanent resident, and a child born outside Australia to an Australian citizen parent is generally eligible to be registered as an Australian citizen by descent.

Evidence of citizenship

Citizenship by birth is automatic, but the family still needs evidence of it. An Australian passport can be issued to a child born in Australia to an Australian citizen parent on the strength of the birth certificate and the parent's citizenship evidence. Where the parent is a permanent resident, or the position is less clear, the family can apply to the Department for evidence of Australian citizenship. That document, or the passport, is what should be given to the Department in the Form 1022 notice for the birth.

When the sponsor is a permanent resident or an eligible New Zealand citizen

Section 12 treats a permanent resident parent in the same way as a citizen parent for a birth in Australia. The answer is different if the baby is born overseas. Citizenship by descent depends on a parent being an Australian citizen at the time of the birth. A permanent resident sponsor cannot pass on citizenship by descent to a baby born overseas. Where the sponsor is an eligible New Zealand citizen, the baby's citizenship position depends on the sponsor's exact status and should be checked before the birth. In these partner visa pregnancy situations, the baby may need to be included in the partner visa application instead.

When neither parent is a citizen or permanent resident

In some partner visa pregnancy cases the person who is pregnant is the applicant, and the sponsor is not the other parent. In others, both parents hold temporary visas. Where neither parent is an Australian citizen or permanent resident at the time of birth, the baby is not a citizen by birth and needs a visa. That is where regulation 2.08, discussed below, becomes important.

When the baby must be added to the partner visa application

Where the baby is not an Australian citizen, regulation 2.08 of the Migration Regulations 1994 treats a child born after the parent's application is made, but before it is decided, as having applied at birth for a visa of the same class and as having combined that application with the parent's. A separate application form is not needed, and the Schedule 1 application requirements are taken to be met for the child.

Timing is critical

Regulation 2.08 only works if the birth happens before the application is decided. A primary decision, meaning a grant or a refusal, ends the window. Department policy explains that a child born after a primary decision is not taken to have applied for that visa. If the parent's application was refused and the Tribunal later remits it to the Department, the application becomes undecided again and the child can then be taken to have applied from birth.

How it works for Subclass 820 and Subclass 801 applicants

Department policy for the Subclass 801 visa explains that regulation 2.08 adds a newborn child to the Subclass 801 application, unless the child became an Australian citizen at birth. If the child is born before the Subclass 820 visa is granted, the child is added to both the Subclass 820 and the Subclass 801 applications at the same time. If the parent already holds a Subclass 820 visa when a child is born in Australia, the child is taken to hold a Subclass 820 visa under section 78 of the Migration Act.

Bridging visas for the baby

A child born in Australia to a bridging visa holder is generally taken under section 78 to hold a bridging visa of the same kind and on the same terms. Where regulation 2.08 also applies, the child is taken to have applied for the substantive visa as well. Our guide to bridging visas in Australia explains how the different bridging visas work, and our article on the Bridging visa A explains the bridging visa most onshore partner applicants hold.

Births during a Tribunal review

Department policy states that newborn children are not automatically included in a parent's application for review at the Administrative Review Tribunal. A partner visa pregnancy that ends in a birth after a refusal needs urgent advice about the child's own status. Our guide to partner visa refused appeal options explains the review process. Adding a newborn is covered in more detail in a separate article; this guide focuses on the partner visa pregnancy period itself.

Partner visa pregnancy for Subclass 309 applicants overseas

A partner visa pregnancy for an applicant outside Australia raises two extra questions: where the baby will be born, and whether the applicant must be outside Australia when the visa is granted. Department policy for the Subclass 309 visa states that regulation 2.08 adds newborn children to the Subclass 309 application by operation of law, provided the application has not yet been granted or refused.

A baby born overseas

If the sponsor is an Australian citizen, a baby born overseas is generally eligible to be registered as an Australian citizen by descent. Once registered, the baby does not need a partner visa. Until registration is complete, the baby is technically also an applicant under regulation 2.08 if the Subclass 309 application is still undecided. If the sponsor is a permanent resident, citizenship by descent is not available, and the baby relies on being included in the Subclass 309 application. The Department will need the birth certificate, the baby's passport and, in many cases, the baby's health examination.

Visiting Australia while pregnant

Some Subclass 309 applicants want to visit Australia during the pregnancy, or to give birth in Australia. This needs careful planning. The Subclass 309 visa is an offshore visa, and the applicant generally needs to be outside Australia when it is granted. A visitor visa may also carry conditions such as condition 8503, and a visitor visa is not designed for a long stay to give birth. Our tourist visa to partner visa guide and our article on condition 8503 and the Subclass 820 visa explain the risks. A Department policy on condition 8503 also notes that pregnancy in itself is not generally treated as a circumstance beyond the visa holder's control, although complications with pregnancy or childbirth can be.

Medical costs overseas and in Australia

A Subclass 309 applicant who is outside Australia is not covered by Medicare. An applicant visiting Australia on a visitor visa is usually not covered either, and private cover and hospital costs should be checked before travel. Our Subclass 309 service page explains how we act for offshore couples.

Medicare and healthcare during a partner visa pregnancy

Many onshore partner visa applicants can enrol in Medicare after lodging, which matters a great deal during a partner visa pregnancy. Services Australia allows some people who have applied for a permanent visa, including partner visa applicants in Australia, to enrol in Medicare while the application is processed, subject to its eligibility rules. The applicant applies to Services Australia, not to the Department, with evidence of the partner visa application.

A baby who is an Australian citizen can be enrolled in Medicare in the usual way after the birth. A baby who is not a citizen and is included in the partner visa application may also be eligible, depending on the family's status. Medicare eligibility is a Services Australia question, so the family should confirm it directly before relying on it. Medicare is separate from the partner visa: being enrolled, or not enrolled, does not change the partner visa outcome.

For many couples, Medicare eligibility is one of the biggest practical benefits of lodging onshore with a Subclass 820 visa application where the applicant is eligible to do so. Our article on Subclass 820 vs Subclass 801 explains the two stages of the onshore application, and our guide to Subclass 820 visa processing times explains why couples should plan for a long wait.

Travel during a partner visa pregnancy

Travel during a partner visa pregnancy is possible for many onshore applicants, but only with the right bridging visa, and the rules do not change because of the pregnancy. An onshore applicant on a Bridging visa A must obtain a Bridging visa B before leaving Australia. A Bridging visa A that is in effect ceases when the holder leaves Australia, and it cannot be brought back into effect. Our guide to the Bridging visa B explains the travel facility period, which cannot be extended once it is granted.

Travelling to give birth overseas

Some couples plan for the birth to happen in the applicant's home country, close to family. That plan has several partner visa pregnancy consequences. The applicant must return within the Bridging visa B travel facility period. The baby will be born outside Australia, so citizenship by birth under section 12 will not apply, and citizenship by descent will only be available if a parent is an Australian citizen. A newborn who is not a citizen also needs a visa to travel to Australia. The onshore Subclass 820 visa can only be granted to an applicant in Australia, so the baby's route into Australia must be worked out before the trip, not after.

Applicants on a Bridging visa C or Bridging visa E

An applicant holding a Bridging visa C or Bridging visa E is not eligible for a Bridging visa B. If that applicant leaves Australia, the bridging visa ceases and there is no right to return on it. Applicants in that position should not plan to travel during the pregnancy without advice. Our article on working while you wait for a Subclass 820 visa explains the bridging visa conditions that also affect household income during parental leave.

Telling the Department about travel

Long absences can affect the evidence that the couple live together. If one partner is overseas for the later stage of pregnancy and the birth, keep records of contact and of the reason for the stay, and update the Department where relevant. A short Form 1022 explaining a family reason for being apart is better than leaving the case officer to guess.

Partner visa pregnancy without a substantive visa: Schedule 3

An onshore partner visa applicant who did not hold a substantive visa when the application was made must satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Department is satisfied that there are compelling reasons for not applying those criteria. A partner visa pregnancy does not waive Schedule 3 automatically, but a child of the relationship can be highly relevant to the compelling reasons assessment.

What Department policy says about children

Department policy for the Subclass 820 visa states that, as a general rule, a genuine relationship and the hardship of separation are not compelling reasons on their own, because every partner visa involves a relationship. The same policy states that where there is an Australian citizen child with a demonstrable link to the applicant, a decision may be made to waive the Schedule 3 criteria in the best interests of the child. The matters the decision maker considers include the applicant's compliance history, how long they have been unlawful and why, what steps they took to become lawful, and current family composition, including any dependent children.

Pregnancy and the timing of the assessment

A pregnancy is not the same as an Australian citizen child. Compelling reasons are generally assessed on the circumstances at the time of decision, so a child who is born while the application is pending can become part of the assessment. A partner visa pregnancy is therefore a reason to update the Schedule 3 submission after the birth, with the birth certificate, evidence of the child's citizenship and evidence of the applicant's role in the child's care. Our article on the Schedule 3 criteria for partner visa applicants and our guide to the Schedule 3 partner visa waiver explain what has to be shown, and our Schedule 3 waiver service acts in these matters.

Tribunal decisions involving a child of the relationship

The Tribunal has considered Schedule 3 matters where a child was born of the relationship. In Naidu (Migration) [2023] AATA 1830, a Subclass 820 matter returned to the Tribunal after a Federal Circuit and Family Court remittal, the reported issues were compelling reasons to waive the Schedule 3 criteria, a child born of the relationship and a long-standing relationship. The Tribunal remitted the matter to the Department. Each case turns on its own facts, and a child does not guarantee a waiver.

Never manufacture compelling reasons

Department policy warns decision makers against applicants who deliberately manipulate their circumstances to create compelling reasons. A partner visa pregnancy is a family matter, not a migration strategy, and the Schedule 3 case should present the family's real circumstances honestly. Applicants who remain unlawful should also understand their bridging visa position. Our article on partner visas after a visa refusal explains the extra bars that can apply after an earlier refusal.

Other partner visa criteria where a child of the relationship matters

A child of the relationship is relevant to several other partner visa criteria, but a partner visa pregnancy does not change criteria that are measured at the time of application. Couples often assume that a baby will speed up every part of the process. That is not how the law works.

The long-term partner relationship

The Subclass 801 and Subclass 100 visas can be granted earlier where the couple were in a long-term partner relationship when the application was made, and the definition in regulation 1.03 is shorter where there is a dependent child of both partners. Because the definition is applied at the time of making the application, a baby born after lodgement does not convert the relationship into a long-term partner relationship for this purpose.

Sponsorship limitations

Where the sponsor has sponsored a previous partner, or was sponsored as a partner, regulation 1.20J may limit approval of the sponsorship. Department policy lists the applicant and sponsor having a dependent child as an example of compelling circumstances that may allow the limitation to be waived. A pregnancy can be part of that picture, and the birth strengthens it. Our sponsorship limitations service and our article on when a sponsor cannot sponsor a partner explain those rules.

Integrity issues and earlier false information

Where an applicant has given incorrect information in the past, the integrity criterion can be waived in limited circumstances. The presence of a child of the relationship may be relevant to that discretion. Any applicant with a past information problem should get advice before the pregnancy or birth is notified, so the notice and any explanation are prepared together. Our article on Form 80 explains why personal history needs to be complete.

If the relationship breaks down during a partner visa pregnancy

If the relationship ends during a partner visa pregnancy, the application does not automatically fail, but the usual requirement for a continuing relationship is no longer met, so the applicant must rely on one of the legal exceptions. The two main exceptions are family violence committed by the sponsor, and the applicant having custody, joint custody or access to a child of the relationship where the sponsor also has formal parenting or maintenance responsibilities.

Family violence

Subclause 820.221(3) and the equivalent provisions for the Subclass 801, Subclass 309 and Subclass 100 visas allow an applicant whose relationship has ended to continue where the applicant, or a dependent child, has suffered family violence committed by the sponsor during the relationship. Pregnancy can be a time of heightened risk, and no one should stay in an unsafe relationship because of the visa. If you are in immediate danger, call 000. Our family violence partner visa lawyers act in these matters with discretion.

The child of the relationship exception

The child exception requires a child. Before the birth, the exception is not yet available. After the birth, the applicant can rely on it where the applicant has custody, joint custody or access to the child, or an order under the Family Law Act 1975, and the sponsor has joint custody or access granted by a court, a residence or contact order, or a child maintenance obligation. Department policy explains that the purpose of this exception is to allow the parent and child relationship to continue and to avoid a situation where an applicant feels compelled to remain in a violent relationship.

What to do straight away

Notify the Department of the end of the relationship, as section 104 requires, and get advice about which exception may apply before the notice is sent. The sponsor may also withdraw the sponsorship, which affects the application. Our article on what happens if the relationship breaks down during a Subclass 820 application explains the process in detail.

Common partner visa pregnancy mistakes

The most common partner visa pregnancy mistakes come from assuming that a pregnancy changes the law more than it does. Problems we regularly see include:

• Not notifying the Department of the birth, or notifying it months later.
• Assuming the baby must be added to the application when the baby is already an Australian citizen by birth.
• Assuming the baby is a citizen when neither parent was a citizen or permanent resident at the time of birth.
• Lodging a de facto application before the 12-month requirement is met, on the assumption that the pregnancy will be accepted as compelling and compassionate.
• Relying on the pregnancy as the main relationship evidence and neglecting financial, household and social evidence.
• Leaving Australia on a Bridging visa A without a Bridging visa B, or leaving on a Bridging visa C or Bridging visa E.
• Planning a birth overseas without working out the baby's citizenship and visa position first.
• Treating the pregnancy as a substitute for a properly prepared Schedule 3 submission.

Each mistake is avoidable. A short review before lodgement, or as soon as the pregnancy is confirmed, usually prevents them. If you lodged the application yourself, our article on hiring an immigration lawyer after visa lodgement explains how a lawyer can step in, and our guide to a second opinion from an immigration lawyer explains what a file review involves.

What if the partner visa is refused during the pregnancy?

If a partner visa is refused during a pregnancy, the review deadline still applies in full, and it is short and strictly applied. A pregnancy does not extend the time to apply to the Administrative Review Tribunal. Read the refusal letter on the day it arrives and act quickly.

A refusal can follow a section 57 natural justice letter, and a partner visa pregnancy is relevant information that should be included in the response to that letter. Where a refusal has issued, our guide to what to expect at an ART review, our partner visa refusals service and our article on why Subclass 820 partner visas are refused explain the next steps. Our broader visa refusals practice also acts on refusals of other visas, and a visa appeal lawyer can explain how the review works in your case. Where a review is lost, some matters can go to the courts through our judicial review practice.

In Lei (Migration) [2024] AATA 1166, a Subclass 820 matter, the reported issues included the sponsor's resident return visa being cancelled and that decision being set aside, whether the relationship was genuine and continuing, and the couple having one child and a second pregnancy. The Tribunal remitted the matter. The decision illustrates that the Tribunal considers a family's whole situation at the time of its decision.

Where My Migration Lawyers acts on partner visa pregnancy matters

My Migration Lawyers acts for couples across Australia, with consultations by video, so expectant parents do not need to travel to an office. Couples can find our local partner visa pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Where a partner visa pregnancy sits alongside other visa issues, our general immigration pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta explain our wider practice. Couples comparing representatives may find our guides on how to choose a partner visa lawyer in Australia, when you need an immigration lawyer for a partner visa and our factual comparison of a partner visa migration agent or lawyer useful. More of our writing is on the My Migration Lawyers blog, and our immigration lawyers Australia home page lists all our practice areas.

How My Migration Lawyers helps with partner visa pregnancy

My Migration Lawyers acts in many partner visa matters where a pregnancy or a new baby arrives while the application is pending, and many of those matters are complex. They include applicants without a substantive visa who must address Schedule 3, couples where the sponsor is a permanent resident or an eligible New Zealand citizen, offshore Subclass 309 applicants who want to visit Australia or give birth overseas, applicants with sponsorship limitation or integrity issues, and couples whose relationship ends during the pregnancy. The firm deals with complex partner visa pregnancy cases as a regular part of its practice and is capable of handling them.

When a partner visa pregnancy is confirmed, the firm reviews the whole file and the family's plans. It confirms whether the baby will be an Australian citizen by birth or by descent, or will be taken to be an applicant under regulation 2.08. It prepares the Form 1022 notices for the pregnancy and the birth, explains the chest x-ray options so the couple can make an informed choice with their doctor, and identifies any travel or bridging visa risk before flights are booked.

Where the application is affected by Schedule 3, a sponsorship limitation or a relationship breakdown, the firm updates the legal submissions after the birth and presents the family's own evidence, such as the birth certificate, citizenship evidence and records of care, in the form the law requires. Where a refusal arrives during the pregnancy, the firm acts on the Tribunal review and on the newborn's separate status.

Our work is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see our partner visa lawyers page or send us a message through our contact page.

If a partner visa pregnancy has changed your plans, get advice before the baby arrives so the Department hears the right information at the right time. Book a consultation or call 1300 040 300.