A new Adelaide mum has called out a "deeply unfair" law that led to her application for the federal government's paid parental leave being rejected.

Nandini Hutchens said she applied for paid parental leave soon after her daughter was born in October last year, expecting no issues.

She was therefore shocked when, on Christmas Eve last year, she was told she was not eligible for paid parental leave, which is equivalent to 24 weeks' pay at the national minimum wage ($22,750 before tax).

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Hutchens was informed her application had been rejected because of a waiting period for "newly-arrived residents", which states that successful applicants must have been a permanent Australian resident for two years.

Hutchens moved to Australia from India eight years ago, in 2018, to complete her masters degree in physiotherapy at university. 

From 2019, she has worked full-time in South Australia as a physiotherapist. 

Hutchens said the pandemic meant vital examinations connected to her skilled visa application were delayed, and she was not granted permanent residency until December 2024.

The new mum said it was unfair to exclude her under rules for "newly arrived residents" when she had been working in Australia for seven years.

"The key here is newly-arrived, and I am not newly-arrived," she told nine.com.au. 

"I know I became a resident less than two years ago, but I have been doing my bit. I've been paying the same tax as my colleagues do.

"It feels deeply unfair to contribute to a system that supports other families, yet be excluded from the same support myself."

As an Australian, Hutchens' husband, Corey, is eligible to apply for paid parental leave under the government's scheme; however, he said his work situation meant he was unable to.

"I run my father's business, and I'm the only one who runs it all, so I can't take the time off," he said.

The couple have just bought a house and said they were relying on the paid parental leave to help them pay the mortgage when they dropped down to one income.

Hutchens is able to get six weeks' paid paternity leave through her employer, but said the money would not stretch far.

"We were depending on the government money to pay for everyday expenses," she said.

"Now, any luxuries are out of the question. We have to save for the necessities."

Hutchens said it was also likely she would need to return to work earlier than she planned.

Meanwhile, Hutchens has started an online petition calling on the government to start assessing the applicants on a case-by-case basis when applying the newly arrived resident's waiting period.

"Exceptions should be made on a case-by-case basis," she said.

"If I had just got the residency and came here a month ago, then I understand why I wouldn't be eligible.

"But if I have been here for so long, and I have contributed to the economy for over two years, which is supposed to be the two-year rule, then I should be eligible."

A spokesperson for the Department of Social Services said: "The Newly Arrived Resident's Waiting Period applies to most Australian Government payments, including the Paid Parental Leave (PPL) scheme."

"This reflects the long-standing principle that migrants are expected to support themselves when they are first granted permanent residency in Australia."

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