Key Takeaways
- Pregnancy does not stop a partner visa, and it does not remove the health requirement. Partner visa medical pregnant applicants still complete the immigration health examination, and the chest x-ray is the part that needs a decision.
- In Australia, Bupa Medical Visa Services, the Department's provider, states that a chest x-ray cannot be done before 14 weeks of pregnancy, and that after 14 weeks the applicant can choose whether to have it.
- The two practical choices are to have the chest x-ray during pregnancy after radiation counselling and informed consent, or to wait until after the birth. Waiting usually means the health criterion, and so the visa decision, waits as well.
- The partner visas apply public interest criterion 4007, the health criterion that includes a waiver power. They do not apply PIC 4005.
- A baby born after the application is made but before it is decided is generally taken to have applied for the same visa under regulation 2.08, unless the baby is an Australian citizen at birth. The birth must be notified under section 104 of the Migration Act.
- Health clearance at the temporary stage is not ordinarily repeated at the permanent stage, but a new family member who has had no health examination will need one.
Partner visa medical pregnant applicants: what happens with the chest x-ray?
Partner visa medical pregnant applicants still complete the immigration health examination, but the chest x-ray is managed differently: in Australia it cannot be done before 14 weeks of pregnancy, and after 14 weeks the applicant may choose to have it or to wait until after the birth. That is the short answer to the partner visa medical pregnant question that most couples type into Google. Pregnancy does not cancel the health requirement, does not make the application invalid, and is not a ground for refusal. It changes the timing and the order in which the medical steps happen.
This guide explains the partner visa medical pregnant process from start to finish. It covers why the chest x-ray is part of the health examination, which health criterion applies to a partner visa in Australia, the choices a pregnant applicant has, the other tests that are done during pregnancy, how to tell the clinic and the Department, how a deferral affects processing, and what happens if the baby is born before the decision. It is written for onshore applicants for the Subclass 820 visa and Subclass 801 visa, and for offshore applicants for the Subclass 309 visa, the Subclass 100 visa and the Subclass 300 prospective marriage visa.
The tone of this guide is deliberately calm. A pregnancy during a partner visa application is common. The Department of Home Affairs and its health examination providers deal with partner visa medical pregnant applicants every week. The rules are clear once they are set out in order.
Who this guide is for
This guide is for an applicant who is pregnant when the health examination is requested, an applicant who becomes pregnant after lodging, and a sponsor who wants to understand what their partner will be asked to do. It is not a medical guide. Medical questions about radiation, the pregnancy or the baby belong with the applicant's own doctor and the radiology staff. This guide deals with the migration law side of the partner visa medical pregnant situation: what the law requires, what the choices mean for the application, and what must be reported.
Why is a chest x-ray part of the partner visa health examination?
A chest x-ray is part of the partner visa health examination because it is the Department's main screening test for tuberculosis, and applicants aged 11 or older are generally asked to complete one. The Department's own forms describe applicants for a permanent visa being asked to undergo a medical examination, an x-ray if 11 years of age or older and an HIV test if 15 years of age or older, together with any additional tests required by the Medical Officer of the Commonwealth.
Tuberculosis screening is the reason the chest x-ray is treated so seriously. The Migration Regulations 1994 build tuberculosis into the health criteria, and a Medical Officer of the Commonwealth reviews the results before the Department can be satisfied about health. A chest x-ray that has not been done is therefore not a small missing document. It is a missing piece of the health assessment, and the Department generally cannot finish that assessment without it or without an approved alternative arrangement.
This is why the chest x-ray sits at the centre of every partner visa medical pregnant enquiry. The physical examination and the blood tests do not usually raise the same timing questions. The x-ray does, because it involves radiation and because the applicant may prefer to avoid it during pregnancy.
The health examination is requested, not lodged
Most partner visa applicants complete the health examination after the Department, or the applicant through ImmiAccount, generates a health examination referral. In Australia the examination is done through Bupa Medical Visa Services. Outside Australia it is done by a panel physician approved by the Department. The results are uploaded electronically through the Department's eMedical system. For most applicants there is no paper to lodge. The guide to the partner visa document checklist explains how the health examination fits with the rest of the application, and the guide on how to create an ImmiAccount explains where the referral appears.
Which health criterion applies to partner visas?
The partner visas apply public interest criterion 4007, which is the health criterion in Schedule 4 of the Migration Regulations 1994 that includes a waiver power. Clause 820.223 requires a Subclass 820 applicant to satisfy PIC 4007, subclause 801.223(1) applies it to the Subclass 801 visa, clause 100.222 applies it to the Subclass 100 visa, and clause 300.223 applies it to the Subclass 300 visa. The Subclass 309 criteria also require PIC 4007.
A common error is to say that partner visas are assessed under PIC 4005. That is wrong. PIC 4005 is the stricter health criterion that applies to many other visas and has no general waiver. For partner visas, the relevant criterion is PIC 4007. The difference matters most for applicants with a significant health condition, because PIC 4007 allows a waiver to be considered in certain circumstances. For a partner visa medical pregnant applicant with no other health issue, the practical difference is small, but the correct criterion should still be identified in any advice or submission.
What PIC 4007 requires in plain English
PIC 4007 requires the applicant to be free from tuberculosis and from any disease or condition that is a threat to public health or a danger to the Australian community. It also requires the applicant to be free from a disease or condition that would be likely to result in a significant cost to the Australian community in health care or community services, or that would prejudice access of Australian citizens or permanent residents to health care or community services in short supply. The applicant must also complete the medical assessment the Department requires.
Pregnancy is not a disease or condition of the kind PIC 4007 is aimed at. A normal pregnancy does not, of itself, make an applicant fail the health requirement. The issue in a partner visa medical pregnant case is not whether the pregnancy is acceptable. It is how and when the required tests are completed so that the Medical Officer of the Commonwealth can give an opinion.
"One fails, all fail" and family members
The health criterion applies to more than the primary applicant. Under subclause 820.224(1), a Subclass 820 visa cannot be granted unless each member of the family unit who is also an applicant satisfies the public interest criteria, including PIC 4007. The offshore and permanent subclasses have equivalent "one fails, all fail" rules, for example subclause 309.228(1) and subclause 801.224(1). Family members who are not applicants may also need to satisfy PIC 4007 unless the delegate is satisfied it would be unreasonable to require it, as subclauses 309.228(2) and 801.224(2) show. This becomes important later, when the baby is born and becomes part of the family unit.
What are the partner visa medical pregnant options in Australia?
In Australia, partner visa medical pregnant applicants have two options for the chest x-ray once they are past 14 weeks: have the chest x-ray during the pregnancy after counselling and consent, or wait and have it after the birth. Bupa Medical Visa Services, the Department's health examination provider in Australia, states that a chest x-ray cannot be completed if the applicant is less than 14 weeks pregnant, and that an applicant who is more than 14 weeks pregnant can complete a chest x-ray if she chooses to.
That means the partner visa medical pregnant timeline has three phases. Before 14 weeks, the chest x-ray cannot be done at all. After 14 weeks, the applicant may choose. After the birth, the x-ray can be done in the ordinary way. The other parts of the health examination can usually go ahead during the pregnancy, which is explained later in this guide.
Option one: have the chest x-ray during pregnancy
An applicant who is more than 14 weeks pregnant can choose to have the chest x-ray. The Department's published instructions to its approved panel members and radiologists require that all pregnant applicants taking a chest x-ray receive counselling on the radiation risks, that informed consent is obtained, and that the counselling and consent are recorded. The radiology staff explain the radiation safety measures used during the x-ray. The benefit of this option is speed: the health examination can be completed and sent to the Medical Officer of the Commonwealth without waiting for the birth.
Option two: wait until after the birth
An applicant can instead choose to wait and have the chest x-ray after the baby is born. This is a common choice, and choosing to wait is not, in itself, a reason to refuse the visa. The consequence is timing. Until the chest x-ray is done, the health assessment is usually incomplete, and the Department generally cannot be satisfied of PIC 4007. The Department has a pregnancy health undertaking, Form 1392, for pregnant visa applicants who have not had the required chest x-ray, and in some cases this allows the matter to progress. Whether that arrangement is offered in a particular partner visa medical pregnant case is decided by the Department, not by the applicant.
Which option is right?
The choice between the two partner visa medical pregnant options is personal and medical first, and migration second. From the migration side, the questions to weigh are how long the application has already been waiting, whether there is any visa or deadline pressure that makes a faster decision important, whether the applicant is onshore on a bridging visa with secure work rights, and whether the couple is offshore and waiting to travel. Couples who want this weighed against their own file can speak with a partner visa lawyer before booking the examination. The general role of a lawyer is explained in the guide on what an immigration lawyer does.
Partner visa medical pregnant applicants and the 14 week point
The 14 week point matters for planning. An applicant who receives a health examination referral early in the pregnancy cannot complete the chest x-ray until after 14 weeks in Australia. That is not a failure to comply. It is a medical limit set by the provider. Partner visa medical pregnant applicants in this position should still book and attend the parts of the examination that can be done, tell the provider about the pregnancy, and keep a record of what was done and what was postponed. A short written note to the Department explaining the position is often sensible, and the next sections explain how.
Having the chest x-ray while pregnant: what partner visa medical pregnant applicants should expect
Partner visa medical pregnant applicants who choose to have the chest x-ray during pregnancy will be counselled about the radiation risks, asked to give informed consent, and told about the radiation safety measures used, before the x-ray is taken. The Department's instructions require the counselling and the consent to be recorded. This is a standard process. It exists so that the choice is made knowingly, not so that the applicant is discouraged.
Before the appointment
Good preparation makes the partner visa medical pregnant appointment simpler. The applicant should tell the provider about the pregnancy when booking, not on the day. Bupa Medical Visa Services asks pregnant applicants to phone to book their appointment so their circumstances can be discussed. Booking by phone gives the provider the chance to confirm the stage of pregnancy, explain what can be done on the day and arrange the appointment in the right order. An applicant who books online without mentioning the pregnancy may arrive to find that the x-ray cannot proceed.
The applicant should bring her original and valid passport and the eMedical referral letter showing her HAP ID. The HAP ID is the health identifier that links the results to the visa application. The same HAP ID is usually used if the x-ray is done later, so it should be kept safe.
At the appointment
On the day, the radiology staff will confirm the pregnancy and the stage of pregnancy, explain the radiation risk, explain the safety measures they use, and ask the applicant to confirm her consent. The applicant can ask questions before deciding. If she is not comfortable, she can decline the x-ray at that point and choose to wait until after the birth instead. A decision to decline on the day should be recorded by the provider and later explained to the Department.
After the x-ray
Once the x-ray is done, the result is uploaded through eMedical with the rest of the health examination. A Medical Officer of the Commonwealth then reviews the results. If the results are clear, the health criterion can usually be assessed without further delay. If the x-ray shows something that needs follow up, the Department may ask for further tests or a health undertaking. That is a separate issue from the pregnancy, and it is handled in the same way as for any other applicant.
Is a chest x-ray during pregnancy a migration risk?
No. Having the chest x-ray during pregnancy, after counselling and consent, carries no migration disadvantage. The decision maker does not treat a partner visa medical pregnant applicant who has the x-ray differently from one who waits, except that the application with a completed x-ray can usually move to the health clearance stage sooner. The only migration consequence of the choice is timing.
Deferring the chest x-ray until after the birth
Deferring the chest x-ray until after the birth is a lawful and common choice, but it usually means the health criterion cannot be finalised until the x-ray is done, so the visa decision generally waits too. That is the central trade off in every partner visa medical pregnant decision. Waiting avoids the x-ray during pregnancy. Proceeding avoids the delay.
What deferral means in practice
When the x-ray is deferred, the provider usually completes the other parts of the health examination and records that the chest x-ray has been deferred because of pregnancy. The case officer will see that the health examination is not complete. In most partner visa medical pregnant cases, the Department will then wait for the x-ray, or ask the applicant to complete it after the birth.
The Department's instructions to its panel members include a procedure for managing chest x-rays deferred until after childbirth. This shows that deferral is an expected, managed pathway rather than an irregular one. It also shows that the Department expects the x-ray to be done once the baby is born.
The pregnancy health undertaking, Form 1392
The Department publishes Form 1392, a pregnancy health undertaking. The form states that it is required for pregnant visa applicants who have not had the required chest x-ray. By signing it, the applicant undertakes to contact the Migration Medical Services Provider within 9 months of the grant of the visa, to report to the health clinic she is referred to, and to undergo a chest x-ray, any required course of treatment and any other examination or investigation. She also undertakes to tell the authorities about changes of address and travel plans during the monitoring period.
The existence of Form 1392 does not mean every partner visa medical pregnant applicant can be granted a visa before the chest x-ray is done. The undertaking is a tool the Department may use. Whether it is offered, accepted or required is a decision for the Department and the Medical Officer of the Commonwealth in each case. An applicant should not assume the undertaking is available and should not sign anything she has not been asked to sign. If the Department does ask for an undertaking, it must be taken seriously and complied with, because failure to comply can affect the visa.
Following up after the birth
After the birth, the applicant should arrange the chest x-ray promptly. The applicant should not wait for the Department to chase it. If the Department has sent a request for information about the outstanding x-ray, any time limit in that request must be met. The Department's health undertaking page, for example, refers to arranging the chest x-ray within 28 days of receiving a request for information letter in the protection visa context. The time limit in a partner visa request will be stated in the request itself, and it must be followed exactly. The guide on responding to a section 56 request for more information explains how these requests work.
Deferral and couples living apart
For couples who are apart while the application is processed, deferral has a larger cost. An offshore Subclass 309 applicant who defers the x-ray will usually wait longer before she can travel on a granted visa. An onshore applicant on a bridging visa, by contrast, can usually remain in Australia with the same conditions while the application is undecided. The guide to bridging visas in Australia and the guide on work rights while waiting for a Subclass 820 visa explain that position. For many onshore partner visa medical pregnant applicants, a short delay in the health criterion causes no practical hardship. For many offshore couples it does.
Other tests for partner visa medical pregnant applicants
The other parts of the partner visa health examination, such as the medical examination and the required blood tests, can usually go ahead during pregnancy; it is mainly the chest x-ray that is affected. A partner visa medical pregnant applicant should therefore not postpone the whole examination simply because the x-ray must wait.
The medical examination
For partner visa medical pregnant applicants, the medical examination is a physical examination and history taken by a doctor. It covers the applicant's medical history, current health and any medications. A pregnancy should be disclosed in the history. The doctor records the stage of pregnancy. The examination itself is not a reason for concern during pregnancy.
Blood tests and other screening
Applicants aged 15 or older are generally asked to complete an HIV test, and the Medical Officer of the Commonwealth may request additional tests. Bupa Medical Visa Services states that an applicant who is planning to give birth in Australia will need to complete a Hepatitis B test. These tests are taken by blood sample and are routine in pregnancy care as well. The exact list of tests for a particular applicant depends on the visa, the applicant's age, country of residence and medical history, and appears in the health examination referral.
Do not duplicate tests without checking
Many partner visa medical pregnant applicants have already had blood tests through their own antenatal care. Those results do not replace the immigration health examination. The tests for the visa must be done through Bupa Medical Visa Services in Australia, or a panel physician outside Australia, so that the results are uploaded through eMedical. The applicant can tell the provider's doctor about her antenatal results, and the doctor may take them into account clinically, but the visa still needs its own record.
Telling the clinic and the Department that you are pregnant
Partner visa medical pregnant applicants should tell the health examination provider about the pregnancy when booking, and should tell the Department about the pregnancy in writing if it affects the health examination or the timing of the application. These are two different notifications for two different purposes.
Telling the clinic
In every partner visa medical pregnant case, the provider needs to know about the pregnancy so that it can book the right appointment, explain the x-ray options and record the reason if the x-ray is deferred. Bupa Medical Visa Services asks pregnant applicants to phone rather than book online. Outside Australia, the panel physician needs the same information. An applicant should never try to hide a pregnancy from the provider. Apart from the medical reasons, an incorrect answer in the health history can create a credibility problem later.
Telling the Department
Section 104 of the Migration Act 1958 requires a visa applicant to notify the Department, as soon as practicable, if circumstances change so that an answer in the application is no longer correct. A pregnancy is not, in itself, always a change of that kind. But a deferred chest x-ray, a change of address, a change in household arrangements, and of course the birth of a child are all matters the Department should be told about. The Department's form for this is Form 1022, and the guide on Form 1022 change of circumstances explains when it must be lodged.
A short, factual letter or upload explaining the partner visa medical pregnant position is usually helpful. It should state that the applicant is pregnant, the expected due date, whether the health examination has been partly completed, whether the chest x-ray was done or deferred, and when the applicant expects to complete it. This prevents the case officer from reading the incomplete health examination as non-compliance.
Keep the story consistent
A pregnancy also becomes part of the relationship evidence. It may be mentioned in the relationship statement, in Form 888 statements, and in later updates. Dates should line up across every source. A case officer who reads a due date in one document and a different date in another will ask why. The guides on partner visa relationship evidence and the partner visa relationship statement explain how consistency is assessed. Couples who need to update the Department about their household can also use the guide to preparing evidence of a genuine relationship.
Offshore partner visa medical pregnant applicants
Offshore partner visa medical pregnant applicants, including Subclass 309 and Subclass 300 applicants, complete the health examination with a panel physician approved by the Department, and the same choice applies: have the chest x-ray after counselling and consent, or defer it until after the birth. The Department's panel member instructions cover both pathways, including radiation counselling for pregnant applicants who take the x-ray and the management of x-rays deferred until after childbirth.
Why timing matters more offshore
For an offshore applicant, the health clearance often controls when she can travel. Many offshore visas are granted with condition 8504, which requires the holder to enter Australia before a specified date. The Department's policy on condition 8504 says that for many visas the first entry date is based on the earliest expiry of the Medical Officer of the Commonwealth's opinion on the last radiological examination, the opinion on the last medical examination, police clearances and other checks. In practical terms, the date of the chest x-ray can affect the date by which the applicant must first enter Australia. A partner visa medical pregnant applicant who completes the x-ray early in the pregnancy, and then has a long wait before grant, may find the entry window shorter than expected.
Travel late in pregnancy
Some offshore applicants are granted the visa late in the pregnancy, when airlines may restrict travel. Others are granted the visa after the birth. In either case, the first entry date must be met. If it cannot be met, advice should be obtained early rather than after the date has passed. The Subclass 309 visa page explains the offshore pathway generally. For couples who are not yet married, the Subclass 300 visa has its own timing, because the marriage must take place within the visa period under condition 8519.
Onshore versus offshore: a side by side view
Onshore, the partner visa medical pregnant applicant usually holds a bridging visa while waiting, so a deferred x-ray delays the decision but not her right to stay. Offshore, a deferred x-ray delays the grant, and therefore delays travel and reunion. Onshore applicants use Bupa Medical Visa Services. Offshore applicants use a panel physician. In both cases, the chest x-ray is generally required before the health criterion can be finalised, unless the Department accepts another arrangement. The guide to partner visa processing for onshore Subclass 820 applicants and the guide to how long a Subclass 820 partner visa takes explain the wider timing picture.
Partner visa medical pregnant applicants who are in Australia as visitors
Some applicants are in Australia on a visitor visa when they decide to apply onshore. The question of whether an onshore application can be made is a separate one, and it depends on the applicant's visa conditions, including any no further stay condition. The guides on moving from a tourist visa to a partner visa and on applying for a Subclass 820 visa with a no further stay condition 8503 explain those issues. The Department's policy on no further stay conditions says that pregnancy in itself is not generally treated as a circumstance beyond the visa holder's control, although complications with pregnancy or childbirth may be. That is a different question from the health examination, but it often arises in the same partner visa medical pregnant situation.
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How does deferring the x-ray affect processing and the decision?
Deferring the chest x-ray usually means the Department cannot finalise the health criterion, and so cannot grant the visa, until the x-ray is done or another arrangement is accepted. The rest of the application can still be assessed in the meantime. The relationship, the sponsorship, character and identity checks do not stop because the health examination is incomplete.
The decision cannot be made without the health criterion
A partner visa can only be granted if every criterion is satisfied at the time of decision. PIC 4007 is one of those criteria. If the Medical Officer of the Commonwealth has not been able to give an opinion because the chest x-ray is outstanding, the case officer generally cannot be satisfied that the health criterion is met. In most partner visa medical pregnant cases, the practical result is that the file waits.
Will partner visa medical pregnant applicants be refused because of a deferred x-ray?
No, not where the deferral is explained and the x-ray is completed when requested. A deferral because of pregnancy is a recognised medical reason. The risk of refusal arises only where an applicant ignores requests, fails to attend, or does not complete the x-ray after the birth within the time the Department allows. An applicant who receives a request about the outstanding x-ray, or a letter inviting comment before a decision, should act immediately. The guides on the s57 natural justice letter for a partner visa and on why partner visas get refused explain how these situations can escalate.
Does the deferral reset processing times?
No. The application keeps its place. Lodgement date does not change because the health examination is deferred. What changes is that the application cannot be finalised until the outstanding x-ray is received. For an application that was already close to decision, the deferral may add months. For an application that was nowhere near decision, the deferral may make no difference at all, because the x-ray will be done long before the case officer reaches the file. This is why partner visa medical pregnant applicants should ask where their file stands before deciding.
Health examinations have a limited life
Health examination results do not last forever. An applicant who completes the examination very early in processing may later be asked to repeat parts of it if the results expire before the decision. The 8504 policy referred to above links the first entry date to the validity of the Medical Officer of the Commonwealth's opinion. Couples should therefore not rush the examination in a way that creates a later repeat. A well-timed health examination is one that is completed when requested, and whose results are still current when the case officer is ready to decide.
What happens if the baby is born before the partner visa is decided?
If the baby is born after the partner visa application is made but before it is decided, regulation 2.08 of the Migration Regulations 1994 generally has the effect that the baby is taken to have applied for the same visa and the baby's application is combined with the parent's application. A separate application form is not required for this. The exception is a baby who becomes an Australian citizen at birth, which is often the case in partner visa families.
When the baby is an Australian citizen at birth
Under section 12 of the Australian Citizenship Act 2007, a child born in Australia acquires Australian citizenship by birth if a parent was an Australian citizen or Australian permanent resident at the time of the birth. In most onshore partner visa medical pregnant cases, the sponsor is an Australian citizen or permanent resident, so a baby born in Australia to the couple is an Australian citizen at birth and does not need a visa. The Department's policy on the Subclass 801 visa says exactly this: for most partner visa applications, delegates will not have to consider children born of the partner relationship because of citizenship by birth.
A child born outside Australia to an Australian citizen parent is generally eligible to be registered as an Australian citizen by descent. That is a separate application to the Department, not part of the partner visa. Where the sponsor is a permanent resident rather than a citizen and the baby is born outside Australia, citizenship by descent is not available through that parent, and the baby may need to be included in the partner visa.
When regulation 2.08 applies
Where the baby is not an Australian citizen, regulation 2.08 does the work. Department policy explains that regulation 2.08 adds a newborn child to the application, and that if the child is born before the Subclass 820 visa is granted, the child is added to the Subclass 820 application and the Subclass 801 application at the same time. The same approach applies offshore to the Subclass 309 and Subclass 100 applications. If the parent already holds a Subclass 820 visa when the child is born in Australia, section 78 of the Migration Act 1958 generally has the effect that the child also holds that visa.
Regulation 2.08 has limits. Department policy states that a child born after a primary decision has already been made is not taken to have applied for that visa. Regulation 2.08 also applies only to children born to the applicant, not to adopted children. Other family members cannot be added after lodgement through regulation 2.08 at all. A later dependent child can sometimes be added under regulation 2.08A, and Department policy describes how a Subclass 445 visa may be needed for a child to be granted the permanent visa where the parent already holds the provisional visa. Those situations need individual advice.
The birth must be notified
The birth of a child is a change in the composition of the family unit. Section 104 of the Migration Act 1958 requires the applicant to notify the Department as soon as practicable. Department policy, including the policy for the Subclass 801 visa, expects applicants to notify changes in the family unit such as a birth. The usual method is Form 1022 with a copy of the birth certificate. Where the baby is an Australian citizen, it is still sensible to notify the birth, because it is strong evidence of the relationship and it explains why the baby is not included as an applicant.
The baby and the health requirement
The baby's own health requirement is the last step in many partner visa medical pregnant files. A baby who becomes an applicant under regulation 2.08 is a member of the family unit and is generally subject to PIC 4007 in the same way as any other applicant, through the "one fails, all fail" rules. Department policy on the Subclass 801 visa states that members of the family unit who have not completed any immigration medical examinations as part of a Subclass 820 application, and who are being included as a dependent on the permanent visa, will be required to complete immigration medical examinations at the second stage, and that this may occur where a child was born after the provisional visa was granted. The Department also has specific policy on managing the health requirement for newborns in Australia. The baby's health examination is usually straightforward, but it must be done. A baby does not need a chest x-ray, because the x-ray is generally required only from age 11.
A newborn and the mother's deferred x-ray at the same time
In many partner visa medical pregnant cases, the mother's deferred chest x-ray and the baby's own health examination fall due at about the same time. It is efficient to arrange both promptly after the birth and to notify the Department of both in one update. A clear, single update showing the birth certificate, the mother's completed x-ray and the baby's examination referral helps the case officer finalise the file.
Partner visa medical pregnant applicants at the permanent stage
At the permanent stage, partner visa medical pregnant applicants who received health clearance at the temporary stage are not ordinarily asked to repeat the health examination. Department policy for the Subclass 801 and Subclass 100 visas says that applicants who received a permanent health clearance for the provisional or temporary visa, or had a health waiver exercised, are not ordinarily required to undertake additional health checks at the permanent stage.
When a repeat examination may be requested
The same policy lists the situations in which repeat immigration medical examinations should be requested at the permanent stage. They are where the delegate has reason to believe that the applicant failed to disclose a health condition at the temporary stage, where there are concerns about fraud, where the Department has information that the applicant's health has changed since grant, or where the temporary visa ceased more than 12 months before the delegate began assessing the permanent visa. A normal pregnancy after the temporary visa is granted is not, in itself, a change of health condition of the kind that policy is aimed at. A child born after the temporary visa is granted, who is not a citizen, will need his or her own examination.
Pregnancy as evidence at the permanent stage
At the permanent stage, the relationship is assessed afresh. A child of the relationship, a pregnancy and shared preparation for the baby are often powerful evidence of commitment and of a shared household. The guides on Subclass 820 vs Subclass 801 and the 820 partner visa evidence checklist explain how the two stages fit together. Where a relationship breaks down during the pregnancy or after the birth, the rules change, and the guides on what happens if the relationship breaks down and the family violence provisions become relevant. A child of the relationship can also be relevant to the special provisions that apply where the relationship ends.
Common mistakes in partner visa medical pregnant cases
The most common mistakes in partner visa medical pregnant cases are not telling the provider about the pregnancy, postponing the whole health examination when only the x-ray needed to wait, failing to tell the Department why the x-ray is outstanding, and forgetting to complete the x-ray and the baby's examination after the birth.
Booking online without mentioning the pregnancy
An applicant who books the examination online and mentions the pregnancy only on arrival may find that the appointment cannot proceed as booked. Phone booking, as the provider requests, avoids this.
Postponing everything
Some applicants decide to wait until after the birth for the entire examination. This is usually unnecessary. The medical examination and blood tests can usually be done during pregnancy. Leaving everything until after the birth means more appointments with a newborn and a longer delay.
Silence with the Department
An incomplete health examination with no explanation can look like non-compliance. A short note explaining the partner visa medical pregnant position, with the expected due date, prevents that.
Assuming the undertaking is automatic
Form 1392 is not automatic. Some applicants read about the pregnancy health undertaking and assume that the visa will be granted before the x-ray. That depends on the Department.
Forgetting the follow up
After the birth, life is busy, and partner visa medical pregnant applicants often lose track of the outstanding steps. A deferred x-ray that is not done, or a newborn whose birth is not reported, can hold up the decision or lead to a request with a short deadline. A diary note for the weeks after the due date is a simple safeguard.
Not getting help when something goes wrong
If a request for the outstanding x-ray is missed, or a refusal arrives, review deadlines are short and strictly applied. The partner visa refusals page, the guide to partner visa refused appeal options, the guide to what to expect at an ART review and the guide on when you need a visa appeal lawyer explain the options for people who can still act. The Administrative Review Tribunal replaced the Administrative Appeals Tribunal on 14 October 2024. A broader visa refusal may also need urgent immigration lawyer advice.
Related partner visa issues during pregnancy
A pregnancy often arrives alongside other partner visa issues, and those issues should be dealt with together rather than one at a time. The most common are the sponsor's eligibility, the applicant's visa status and the length of the relationship.
Sponsor eligibility and limitations
A pregnancy does not change the sponsorship rules. If the sponsor has sponsored a partner before, or has relevant history, the sponsorship limitations still apply. The guide on when a sponsor cannot sponsor a partner visa explains the rules. Where a discretionary waiver is in play, the interests of an Australian child can be relevant, but that is a matter for individual advice.
Applicants without a substantive visa
An applicant who is pregnant and has no substantive visa may need to satisfy the Schedule 3 criteria. A child of the relationship may be relevant to whether compelling reasons exist for not applying those criteria. The guides on the Schedule 3 criteria for a partner visa and the Schedule 3 partner visa waiver, and the Schedule 3 waivers page, explain how this works. Where there has been an earlier refusal, the guide on a partner visa after a visa refusal applies.
De facto couples and the 12 month rule
A pregnancy does not, by itself, satisfy the 12 month de facto relationship requirement. Under the regulations, the 12 month requirement does not apply in certain circumstances, and the guides to the de facto partner visa and whether you really need 12 months of de facto relationship explain the exceptions. Same-sex couples have the same partner visa medical pregnant rules as any other couple, and the LGBTI partner visa page covers issues particular to them.
How My Migration Lawyers helps partner visa medical pregnant applicants
My Migration Lawyers helps partner visa medical pregnant applicants by working out, from the file itself, whether the chest x-ray timing will delay the decision, preparing the notifications to the Department, and making sure the birth, the baby's status and every outstanding health step are dealt with in the right order. The firm acts in many partner visa matters where the applicant is pregnant or has a baby during processing, and it is capable of handling the complex cases where pregnancy sits alongside a Schedule 3 issue, a no further stay condition, a sponsorship limitation, a previous refusal or a relationship under strain.
What the firm does in a pregnancy case
First, the firm reviews where the application stands, so the couple can weigh the x-ray choice with real information about timing rather than guesswork. Second, it identifies which subclass and which health criterion applies, and whether any family member, including a child already born, must also satisfy PIC 4007. Third, it prepares a clear written update to the Department explaining the pregnancy, the expected due date and the status of the health examination. Fourth, after the birth, it advises on whether the baby is an Australian citizen, whether regulation 2.08 applies, and what must be notified, and it prepares the Form 1022 notification and supporting documents. Fifth, it responds to any request for information or natural justice letter about the outstanding health steps. Where the firm is appointed, it lodges Form 956 so that the Department corresponds with the firm.
The firm also keeps the relationship evidence current through the pregnancy. A pregnancy changes the household, and the Form 80, the relationship statement and the Form 888 statements from witnesses should not contradict each other about dates and living arrangements. The couple's own account is reviewed for gaps and inconsistencies, and the couple correct and confirm it.
When couples come to the firm
Some couples come before the health examination is booked, because they want the x-ray decision made with advice. Some lodged their own application and now want it checked, which the guide on hiring an immigration lawyer after lodging your own application explains. Some want a second opinion from an immigration lawyer. Others are comparing whether to use a lawyer at all, and the guides on a partner visa lawyer versus doing it yourself and on a migration agent or immigration lawyer set out the differences factually. The guide to booking an immigration lawyer consultation explains the first meeting, and the guide on when you need an immigration lawyer for a partner visa covers the wider question.
Who handles your matter
Partner visa work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. More about the firm is on the About My Migration Lawyers page and the partner visa lawyers page. My Migration Lawyers is an Australian immigration law firm that acts for couples across Australia, including partner visa clients in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, with consultations by video, which suits applicants late in pregnancy or with a newborn. Couples comparing firms can read the guides to choosing the best partner visa lawyer in Australia and in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, Hobart, the Gold Coast and Parramatta.
Book a consultation about your partner visa medical while pregnant
If you are a partner visa medical pregnant applicant and you are unsure whether to have the chest x-ray now or after the birth, or your baby is due before your partner visa is decided, the best time to get advice is before the health examination or before the birth. Book a Consultation with My Migration Lawyers to have your timing, notifications and the baby's status reviewed against your own file. You can also call 1300 040 300.
Frequently Asked Questions
Do partner visa medical pregnant applicants still need a health examination?
Yes. Partner visa medical pregnant applicants must still meet the health requirement, which for partner visas is public interest criterion 4007. Pregnancy does not remove the examination. It mainly affects the chest x-ray, which may be done after counselling and consent or deferred until after the birth. The medical examination and blood tests can usually go ahead during pregnancy as normal.
Can I have the partner visa chest x-ray while pregnant?
Yes, in most cases after 14 weeks. Bupa Medical Visa Services, the Department's provider in Australia, states that a chest x-ray cannot be done before 14 weeks of pregnancy, and that after 14 weeks the applicant may choose to have it. Before the x-ray, pregnant applicants are counselled about radiation risks and asked for informed consent, and that consent is recorded.
Can I delay the chest x-ray until after my baby is born?
Yes. A partner visa medical pregnant applicant can choose to defer the chest x-ray until after the birth. The other parts of the examination can usually be completed during pregnancy. The main consequence is timing: the Department generally cannot finalise the health criterion, and so cannot grant the visa, until the x-ray is done or another arrangement is accepted.
Will my partner visa be refused because I deferred the x-ray?
No, not because of a properly explained deferral. Deferring the chest x-ray because of pregnancy is a recognised medical reason. The risk arises only if the applicant ignores Department requests, fails to attend, or does not complete the x-ray after the birth within the time allowed. Explain the deferral in writing and complete the x-ray promptly once the baby is born.
Which health criterion applies to partner visa medical pregnant applicants?
Partner visas apply public interest criterion 4007, not PIC 4005. PIC 4007 applies to the Subclass 820, 801, 309, 100 and 300 visas and includes a waiver power in certain circumstances. A normal pregnancy is not a disease or condition that causes an applicant to fail PIC 4007. The issue is completing the required tests so the Medical Officer of the Commonwealth can give an opinion.
What is a pregnancy health undertaking?
A pregnancy health undertaking is Form 1392. The Department states it is required for pregnant visa applicants who have not had the required chest x-ray. The applicant agrees to contact the Migration Medical Services Provider within 9 months of visa grant and complete the chest x-ray and any treatment. It is not automatic. The Department decides whether it is used in a particular case.
Should I tell the health clinic that I am pregnant?
Yes. Tell the provider when booking, not on the day. Bupa Medical Visa Services asks pregnant applicants to phone to book so their circumstances can be discussed. This allows the right appointment to be made, the x-ray choice to be explained, and the reason for any deferral to be recorded. Never hide a pregnancy, because an incorrect health history can cause credibility problems.
Do I need to tell the Department I am pregnant?
It is usually wise to tell the Department in writing if the pregnancy affects the health examination. A short update with the due date and the status of the chest x-ray prevents the incomplete examination from looking like non-compliance. Once the baby is born, the birth must be notified under section 104 of the Migration Act 1958, usually by Form 1022 with the birth certificate.
What other medical tests are done during pregnancy for a partner visa?
The medical examination and the required blood tests can usually be done during pregnancy. Applicants aged 15 or older are generally asked for an HIV test, and the Medical Officer of the Commonwealth may request other tests. Bupa Medical Visa Services states that an applicant planning to give birth in Australia will need a Hepatitis B test. The referral lists the exact tests required.
Can my antenatal blood tests replace the visa medical tests?
No. Antenatal results from your own doctor do not replace the immigration health examination. The visa tests must be done through Bupa Medical Visa Services in Australia, or a panel physician outside Australia, so the results are uploaded through eMedical and linked to your HAP ID. You can still tell the examining doctor about your antenatal results, as they may be clinically useful.
What happens if my baby is born before the partner visa is decided?
If the baby is not an Australian citizen, regulation 2.08 generally means the baby is taken to have applied for the same visa and is combined with your application. A baby born in Australia is usually an Australian citizen at birth if a parent is an Australian citizen or permanent resident. Either way, notify the Department of the birth as soon as practicable.
Does my newborn need a partner visa medical examination?
A newborn who becomes an applicant under regulation 2.08 is part of the family unit and generally must satisfy PIC 4007, so a health examination is usually required. A baby who is an Australian citizen at birth does not need a visa or a visa medical. A baby does not need a chest x-ray, because the x-ray is generally required only from age 11.
Is the partner visa medical repeated at the permanent stage after pregnancy?
Usually not. Department policy says applicants who received health clearance for the Subclass 820 or Subclass 309 visa are not ordinarily required to repeat health checks for the Subclass 801 or Subclass 100 visa. Repeat checks may be requested in limited situations, such as undisclosed conditions or changed health. A child added after the temporary visa was granted will need an examination.
How does pregnancy affect offshore partner visa medical timing?
Offshore partner visa medical pregnant applicants use a panel physician and have the same x-ray choice. Timing matters more offshore, because a deferred x-ray usually delays grant and travel. The first entry date on many offshore visas is linked to the validity of the health opinions, so an early x-ray followed by a long wait can shorten the time available to enter Australia.
Does a pregnancy satisfy the 12 month de facto requirement?
No. A pregnancy does not, by itself, satisfy the 12 month de facto relationship requirement. The requirement does not apply in certain circumstances set out in the regulations, and those exceptions must be checked separately. A pregnancy and shared preparation for the baby can still be strong evidence that the relationship is genuine and continuing, and should be explained consistently in the evidence.
Should I get advice before booking a partner visa medical while pregnant?
Yes, if timing matters to you. The choice between having the x-ray now or after the birth depends on how close the application is to decision, whether you are onshore or offshore, and whether other issues affect the file. My Migration Lawyers can review where your application stands and prepare the updates to the Department, so the pregnancy does not cause unnecessary delay.
Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.
