Fertility treatment and your immigration status

Posted on July 7, 2021 by Benson Shi

Since the COVID19 pandemic we have received many clients approaching us for advice on their immigration status to undertake fertility treatment. We have seen that starting a family has become a priority for people whose plans have changed during the pandemic. In this article, we have explored scenarios in which we can assist you in your fertility journey.

 Fertility treatment and Medical Treatment (subclass 602) visa

Under the Medical Treatment visa category, in-vitro fertilisation (IVF) is considered a form of medical treatment and visa applicants can remain in Australia to obtain fertility treatment. If you find yourself in Australia or outside Australia, you can obtain a Medical Treatment visa to enter Australia to receive IVF treatment subject to obtaining an approved travel exemption to enter Australia.

Individuals on visitor visa with condition 8503 -no further stay attached to their visitor visa, can now request to have this condition waived to undertake fertility treatment during the pandemic. Once the condition is waived, you can successfully apply for a medical treatment visa to continue your fertility treatment.

Fertility Treatment and Partner visas

Fertility treatment and IVF is a good argument for compelling reasons for individuals applying for an onshore partner visa with a schedule 3 limitation. Schedule 3 must be waived if visa applicants are applying for their partner visa while on a non-substantive visa. The Department must be satisfied that there are compelling reasons for an onshore visa application to be lodged where the visa applicants are not holding a substantive visa at the time of lodgement. We have had many partner visa applications granted with a schedule 3 waiver argument where we have made compelling arguments around fertility and the window of opportunity diminishing for couples who must stay onshore while their partner visa is processing.

Fertility Treatment and Travel Exemptions

Currently Australia has strict border measures in place to protect the health of the Australian community. Australian citizens or permanent residents cannot depart Australia due to COVID-19 restrictions unless an exemption is received. Countries such as the UK and United States are extremely advanced in IVF treatment. We have assisted clients that have required outbound travel exemptions to leave Australia to obtain IVF treatment internationally. We have also assisted many clients to obtain travel exemptions to enter Australia to obtain fertility treatment during the current pandemic.

If you find yourself needing advice in relation to your immigration status during your fertility treatment, ISL’s dedicated and driven team of lawyers can help you.