Please note that the information we provide in this article about Form 1022 pregnant 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.
What Is Form 1022 and Why Does Pregnancy Trigger It?
The Department of Home Affairs (DHA) requires all visa applicants to report any changes in circumstances that affect the answers they gave in their visa application. If you become pregnant while your visa application is pending, this is a change that you must report. You do so by completing Form 1022 Notification of Changes in Circumstances.
This obligation arises from Section 104 of the Migration Act 1958. In plain terms, the rules are as follows:
- As soon as it is practical, a non-Australian citizen must notify an officer in writing of new circumstances where an answer provided on a visa application form has become inaccurate.
- If you are in Australia at the time of visa grant, this obligation applies to changes in circumstances before the visa is granted.
- If you are outside Australia at the time of visa grant, this obligation applies to changes that occur after the application is lodged and before you receive immigration clearance.
Pregnancy is a direct change in your circumstances. It affects the health requirement answers you gave at the time of application. This is why completing Form 1022 accurately and promptly is one of the most important steps you can take to protect your visa.
When Should You Notify the DHA During Pregnancy?
Pregnant applicants must inform the DHA about their change in circumstances as soon as possible after applying for a visa, particularly a partner visa. Notify the Department as soon as practicable after becoming pregnant. Then, once your baby is born, you must notify the DHA again and submit your child’s birth certificate as soon as possible after the birth.
There are two scenarios worth knowing:
- If you are unable to travel or proceed with your application due to pregnancy, applicants are encouraged to request the Department to hold the visa application until after the birth of the child to prevent a breach of entry conditions.
- If a child is born while a visa application is under active processing, the child is automatically considered a secondary applicant on the application. You do not need to lodge a separate visa application for them.
One important point: pregnancy is not considered a compelling circumstance to expedite a visa application. Do not expect faster processing simply because you are expecting.
Three Important Entries in Your Form 1022 Pregnant
When filling out Form 1022 pregnant, there are three important entries you must take note of:
- Personal details
- Visa details
- Changes in circumstances
Here is why each one matters:
Personal Details
You must correctly indicate your full name, date of birth, passport number, passport expiry date, and your contact information. Any inaccuracies here can cause further delays in processing. If your details do not match the records on file with the DHA, your notification may not be linked to your existing application correctly.
Visa Details
Make sure you indicate your visa grant number and subclass accurately. This provides the DHA with the conditions and entitlements attached to your application. Including these details allows the Department to verify your identity and status quickly.
Changes in Your Circumstances
This is the most critical section of Form 1022 pregnant. This is where you declare your pregnancy and any related changes that affect the answers you gave in your original application. Medical evidence of your pregnancy must be attached when notifying the Department of this change in circumstances. Supporting documents may include:
- Pregnancy tests
- Prenatal tests
- Screening and diagnostic tests
- Immunisation records during pregnancy
Do not leave this section vague. Clearly state what information is no longer current and provide the new, accurate details.
What Happens to Health Requirements During Pregnancy?
Australian visa applications require a chest X-ray as part of the health requirements, primarily to screen for tuberculosis. However, medical examinations for pregnant women may be deferred until after the birth of the child due to safety concerns.
This is where the Pregnancy Health Undertaking (Form 1392) comes in. This form is required for pregnant visa applicants who have not yet had the required chest X-ray. By signing the undertaking, you agree to:
- Contact the Migration Medical Services Provider and Bupa Medical Visa Services (BUPA) within 28 days of arriving in Australia.
- Undergo a chest X-ray after giving birth.
If you are from a higher TB-risk country and intend to give birth in Australia, you must undergo medical examinations, including a hepatitis B test and a chest x-ray, when this can safely occur. Additionally, a police clearance certificate (PCC) may be requested for the applicant and their spouse during the visa application process.
The Department will assess the information submitted on Form 1022 and may notify you if further actions are required, such as a medical examination for the baby.
How to Add Your Newborn to Your Visa Application
Once your baby is born, the steps are clear but must be followed promptly. You must notify the DHA about your baby as soon as possible after delivery, even if they do not yet have a passport. The Department needs to know so they can determine your child’s visa status and include them in any pending application.
It is free to add your baby to an unfinalised visa application, and it is also free to link the visa to their passport once it is available. To add your newborn, you will need to submit the following via ImmiAccount:
- Form 1022 completed with the newborn’s details listed under “Details of other applicants”
- An unabridged birth certificate for the baby
- A copy of the baby’s passport showing photo, personal details, and issue and expiry dates (once available)
Under certain temporary visas, using Form 1022 to notify of a birth allows the child to be included in the existing application without an additional visa application fee. Submitting Form 1022 is also a key step to enable access to public services, including finalising your baby’s Medicare enrolment.
Your baby must meet all requirements for visa grant. This includes medical examinations and police clearance certificates if these are requested by the Department. The child will be granted a visa at the same time as the primary applicant, provided the birth is reported and all necessary documents are submitted. Your baby will generally be considered to hold any visa or visas that you and the other parent held at the time of the birth.
You can also use this online tool from the DHA to check your baby’s likely visa status based on your circumstances. Please note that if one parent is a permanent resident or citizen, the child may be eligible for Australian citizenship.
Consequences of Not Completing Form 1022 Pregnant
The stakes of non-compliance are significant. If you do not comply with Section 104 of the Migration Act and notify the Department of your new circumstances:
- Your visa is liable to be cancelled under the Migration Act 1958.
- If you are in Australia and your visa is cancelled, you will become an unlawful non-citizen and face detention and removal.
- If you are outside Australia and your visa is cancelled, you will be refused immigration clearance when you next travel to Australia.
- If you have already been granted a visa, the information you provide on Form 1022 will be taken into account in deciding whether the Department should cancel that visa.
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 a final decision is made.
There is also a criminal dimension. All information you provide on Form 1022 must be true and correct. Under Section 307 of the Crimes Act 1900, providing false or misleading information to a public authority carries a maximum penalty of 2 years imprisonment. This offence applies to a person who:
- Knowingly gives false or misleading information
- Omits any matter without which the information would be misleading
- Gives such information in compliance with a law of the State
If you subsequently discover that you have provided any incorrect information on this form, you must notify the Department immediately using Form 1023 Notification of incorrect answer(s).
Contact a Migration Lawyer Today
If you need to notify the DHA of changes to your visa application and you have a complex situation, 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 guide you through every step of the migration process, including:
- Australian visa applications
- Citizenship applications
- Transitioning your temporary visa to a permanent visa
- Gathering requested documents for various visa applications
- Assessing and recommending resources for general immigration information
Contact us today for expert help with your visa application.
Frequently Asked Questions About Form 1022 Pregnant
Do I need to notify the DHA as soon as I find out I am pregnant?
Yes. Pregnant applicants must inform the DHA about their change in circumstances as soon as possible. You do not need to wait until after the birth to notify the Department that you are pregnant. Notify them promptly and attach medical evidence of your pregnancy to Form 1022.
Can I submit Form 1022 before my baby is born?
You can and should notify the DHA of your pregnancy as soon as practicable after becoming pregnant. However, to formally add your child to the application, you will need to wait until after birth and then submit Form 1022 along with the unabridged birth certificate and the baby’s passport (once available).
Is there a fee to add my baby to my visa application?
No. It is free to add your baby to an unfinalised visa application and to link the visa to their passport.
Will my baby automatically receive a visa?
If a child is born while a visa application is under active processing, the child is automatically considered a secondary applicant. The child must still meet all requirements for visa grant, including medical examinations and a police clearance certificate if requested. The child will be granted a visa at the same time as the primary applicant, provided all documents are submitted.
What health documents do I need to provide?
Medical evidence of your pregnancy must be attached to Form 1022. This may include pregnancy test results, prenatal test results, screening or diagnostic test results, and immunisation records. If you have not yet had the required chest x-ray, you will also need to complete Form 1392 Pregnancy Health Undertaking.
What is the difference between Form 1022 and Form 1023?
Form 1022 is used when your circumstances have genuinely changed and an answer you gave on your original application is no longer current (for example, you are now pregnant). Form 1023 is used when you need to notify the DHA that an answer you gave was incorrect at the time you gave it.
What happens if I do not notify the DHA of my pregnancy?
Failure to comply with Section 104 of the Migration Act 1958 means your visa may be liable for cancellation. If you are in Australia and your visa is cancelled, you will become an unlawful non-citizen and may be detained and removed from Australia.
Can I ask the DHA to delay processing my application because I am pregnant?
Yes. Applicants are encouraged to request the Department to hold their visa application until after the birth of their child if they are unable to travel or proceed due to pregnancy. Note, however, that pregnancy is not considered a compelling circumstance to expedite an application.
