Question of the Week
A Partner Visa application, pregnancy and how to get access to Medicare?
Category: Partner Visa
Question asked
My partner applied for a 309 partner visa (Aug 2019), and has arrived on a 1 year tourist visa in the meantime (Dec 2019). We thought we could enroll in medicare while waiting for the 309 visa, but discovered we misunderstood the medicare enrollment information and cannot. Is there a way to enroll in medicare in our current situation? Will the bridging visas help? She is pregnant and due in March thus we need to determine whether she can stay or we need go back to her home country (Spain).
Answer provided by Migration Agent
Hi S.
thank you for your question. Unfortunately your partner will not receive any Medicare facilities until she receives a subclass 309 grant visa.
She has no restrictions given birth in Australia however if she doesn't have a subclass 309 then she will not receive the medicare birth delivery facility. You will either need to have it cover under health insurance or the delivery has to be done via private hospital.
Bridging visa will not assist it anyway.
Given the limited information provided, my suggestion is:
1. If she gives birth in Australia then either she have to have health insurance OR
2. have the delivery in a Private Hospital where you will need to pay them directly.
You will not receive medicare benefits unless your partner receives a subclass 309 partner visa prior to baby's birth.
----- Request for Clarification -------
Just to clarify - none of the bridging visa will help, even the one that mentions 'for work' (Bridging visa A) as medicare mentions if the person holds valid working visa (+ partner visa and Aus citizen partner)?
If we were to reapply for an 820 visa, would medicare be available from the day we pay/submit?
Would reciprocal health agreement help us given my partner has come from living in the UK (resident of UK, she has all the NHS documents)?
------ Clarification from Migration Agent --------
Bridging Visa A - Purpose of applying for a bridging visa is so the applicant can stay in Australia while the Immigration department makes a decision on the application. Bridging visa is usually granted when the initial application was submitted while the applicant is in Australia (ie; subclass 820 partner visa) OR when the Immigration Department refuses/cancel's an applicant's visa while in Australia and the applicant has review rights to appeal the decision, thus the applicant will be granted a bridging visa.
Subclass 820 - In your situation, there will be no reason for the Immigration Department to grant your partner a bridging visa. Bridging visa A is granted if the applicant had made a partner visa application onshore in Australia. The applicant will receive work rights however the Medicare facility is not provided until and unless the applicant has received a partner visa grant letter.
If you decided to withdraw your current application and then reapply as subclass 820 partner visa then as mentioned above, your partner will have work rights however but will not be given Medicare.
Reciprocal Health Agreement - You will need to discuss this with the Medicare services in Australia as they will assess if your partner will be eligible under the reciprocal health agreement.
Thank you for using ask-an-agent. If you need further services from myself you can always message me using the Ask-An-Agent messenger or chat.
You can also reach me by contacting Amy at amy.jacobson@ask-an-agent.com.au – and don’t forget to mention your question ID so that I can keep providing immigration services to you.
Regards
Migration Agent
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