Please note that the information we provide in this article is current as of the date of publication, and the DHA regularly updates rules and regulations. Kindly ensure that you check the official updates before making any decisions, or speak with an immigration lawyer for the most up-to-date information, as laws and conditions are subject to change.
Why do you need the Form 1022 pregnant? The Department of Home Affairs (DHA) requires that when you have a pending visa application and there are changes in your circumstances before the grant of visa, you need to report these changes, such as when you become pregnant.
Migration Act: Form 1022 Legal Basis
Section 104 of the Migration Act 1958 requires that the DHA must be notified of the changes in your circumstances, such as when you have become pregnant during the pendency of your visa application. You can do this by completing form 1022 pregnant.
The rules under this section are:
- As soon as it is practical, the non-Australian citizen shall notify an officer in writing of the new circumstances and the right response thereto if circumstances change and an answer provided on a non-citizen’s application form or under this section becomes inaccurate. This applies despite the grant of any visa.
- If the applicant is in Australia at the time of visa grant, the previous rule only applies to changes in circumstances before the grant of visa.
- If the applicant is outside Australia at the time of visa grant, the first rule only applies to changes in circumstances after the application and before the applicant has immigration clearance.
Things You Need to Know About Form 1022 Pregnant
The information below is important. Thus, before filling out the form 1022 pregnant, you must understand that:
- If you do not comply with section 104 of the Act and notify the Department of your new circumstances, your visa is liable to face cancellation under the Migration Act 1958.
- If you have received a visa, the information you provide on this form will be taken into account in deciding whether the Department should cancel the visa.
- If you are an applicant for a visa which the Department has not yet granted, they will take the information you provide on this form into account when assessing your visa application.
- If your visa is cancelled and you are in Australia, you will become an unlawful non-citizen. Unless you are granted a further visa, you will be detained and removed from Australia.
- If your visa is cancelled and you are outside Australia, and you subsequently travel to Australia, you will be refused immigration clearance and will be removed from Australia.
- If you subsequently discover that you have provided any incorrect information on this form, you must notify the Department that you have done so. Use form 1023 Notification of incorrect answer(s) to do this.
- Cancellation of a visa that the DHA has already granted is not automatic. If you are in Australia, you will be given an opportunity to comment on the grounds for possible cancellation before authorities make a final decision on cancellation.
Contents of Form 1022 Pregnant
Like other immigration forms, the form 1022 pregnant will require the primary applicant to input the following:
- Personal details – such as, name, address, contact numbers
- Details of other applicants – if you have a partner (spouse or de facto) and/or any dependants who are/were a part of your application.
- Details of changes – you will need to list the information provided in the applicant’s application which are no longer current and provide the new current information.
- Visa and application details
Here’s a copy of the form 1022 pregnant. Make sure that all the information you include in the form 1022 pregnant are true and correct. The Crimes Act 1900 punishes the offence of giving false or misleading information under section 307. This offence carries a maximum penalty of 2 years imprisonment.
The law punishes a person who:
- Knowingly gives a false or misleading information
- Omits any matter or thing without which the information is misleading
- Gives such information to a public authority or any person exercising public authority
- Gives such information in compliance with a law of the State.
Thus, you must be honest and careful when filling out the form 1022 pregnant or you might end up in jail. You also need to upload medical evidence of your pregnancy in your ImmiAccount. This may include:
- Pregnancy tests
- Prenatal tests
- Screening tests and diagnostic tests
- Immunisations in pregnancy
Why Do You Need to Declare Your Pregnancy?
Australian visa applications require chest x-rays as part of the health requirements for visas to determine whether or not the applicant has tuberculosis, which is a health risk in the country.
Thus, a Pregnancy Health Undertaking (Form 1392) is required for pregnant visa applicants who have not had the required chest x-ray. The purpose of the undertaking is to agree to undergo a chest x-ray after giving birth.
If the applicant is from a higher TB-risk country and intends to give birth in Australia, they must undergo medical examinations like a hepatitis B test, and a chest x-ray. If the applicant expects to incur medical costs, or require treatment or medical follow-up for pregnancy in Australia, then they must complete a medical examination and a chest x-ray.
The undertaking is an agreement made with the Australian Government to manage any significant health conditions with onshore health. By signing the undertaking, the applicant agrees to contact the Migration Medical Services Provider, Bupa Medical Visa Services (BUPA), within 28 days of arriving in Australia.
Adding a Baby to your Visa Application
Although you won’t need to apply for a different visa, you will need to notify the Australian government if you gave birth, or your partner gave birth. At that point, the Department will issue your child a visa with the same expiration date as you.
To add a newborn to an existing Australian visa application, one must meet the following requirements:
- Notify the Department of Home Affairs of the change in circumstances by completing Form 1022 – Notification of changes in circumstances.
- Provide a certified copy of the baby’s birth certificate.
- Provide a certified copy of the baby’s passport pages showing photo, personal details, and passport issue and expiry dates.
You can also use this online tool from the DHA to determine the status of your baby based on your circumstances. Please note, if one of the parents is a permanent resident or citizen, they may be eligible for Australian citizenship.
Contact a Migration Lawyer
If you need to notify the DHA of changes in your circumstances for your visa application and you have a complex situation related to adding a baby to the application, such as:
- a baby born to non-biological parents
- children born to parents at Merits Review or Judicial Review
- parents who have had several and consecutive visa grants and transactions since the baby’s birth
get in touch with a migration lawyer from JB Solicitors immediately. Our lawyers can assist you in the migration process and guide you through every step with:
- Australian visa applications
- Citizenship applications
- Transitioning your temporary visa into a permanent visa
- Gathering requested documents for various visa applications
- Assess and suggest a forum community dedicated to visa applicants for general information about migration and immigration law matters.
Contact us for a smooth visa grant today.
