The Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 which commenced on 15 October 2024 introduces family violence provisions for secondary applicants of certain skilled visa categories. This regulation enables secondary visa applicants (spouse, de facto partners or dependent children) to be granted a visa if their relationship with the primary applicant has ended due to family violence committed by the primary applicant.
The regulations align with Australia’s broader commitment to protect individuals from domestic violence as outlined in the National Plan to End Violence Against Women and Children 2022-2032.
These provisions are designed to ensure that individuals do not feel compelled to remain in abusive relationships in order to maintain their immigration status.
Family violence provisions is applicable for secondary applicants to the following visas:
- Employer Nomination Scheme (subclass 186) visa
- Regional Sponsored Migration Scheme (subclass 187) visa
- Skilled – Independent (subclass 189) visa
- Skilled – Nominated (subclass 190) visa
- Permanent Residence (Skilled Regional) (subclass 191) visa
- Distinguished Talent visa (subclass 858) visa
- Skilled – Regional (subclass 887) visa
The ‘family violence provisions’ in the Migration Regulations 1994 (the Migration Regulations) allow certain visa applicants to be eligible for the grant of a permanent visa even if their relationship with the sponsoring partner or primary applicant has ended, and the applicant has experienced family violence committed by the primary applicant.
Family Violence Provisions for Partner Visa Applicants
The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 introduces significant changes to support partner visa applicants experiencing family violence which commenced on 1 July 2024.
These changes aim to provide better protection and support for visa applicants experiencing family violence, ensuring they are not compelled to stay in abusive relationships to maintain their visa status.
Disclaimer
This article offers general guidance and does not address the specific circumstances of any individual or organization. While we aim to keep the content accurate and current, we cannot guarantee its completeness, accuracy, or continued validity at the time of access or in the future. For tailored advice, please reach out to Ghothane Lawyers.
