Residence rules

You must be living in Australia and have one of the following:

• Australian citizenship
• a permanent visa
• a Special Category visa
• a certain temporary visa, that is a partner provisional or temporary protection visa.

You must meet these rules on both of the following:

• the day of your child’s birth or adoption
• any days you access Parental Leave Pay.

If you lodge a claim before your child is born or adopted, you also must meet the rules on the day you claim.

When you need to wait

If you’ve recently arrived as a resident in Australia, you may have to wait 2 years to get this payment. The 2 years need to be before your child’s birth or adoption.

For example, if your child is born on 1 April 2025, you need to have been in Australia as a resident or qualifying visa holder since 1 April 2023 to qualify for this payment.

There are some exemptions to this newly arrived residents waiting period.

For an exemption to apply, you must have the exemption on both the following:

• the day of your child’s birth or adoption
• any days you access Parental Leave Pay.

Information if you’re not the birth mother

To get Parental Leave Pay you must meet the residence rules. The birth mother doesn’t need to meet the residence rules for you to get Parental Leave Pay.

The birth mother must meet the work test and give permission for you to claim if you are any of the following:

• the birth mother’s partner
• the child’s biological father
• the partner of the child’s biological father.