The Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 introduces crucial protections for secondary applicants on skilled visas. This regulation ensures individuals in abusive relationships do not need to stay in these situations to maintain their visa status. If a spouse, de facto partner, or dependent child experiences family violence from the primary applicant, they can still qualify for a visa, even if the relationship ends. You can check out the latest amendment here.
Key Provisions of the 2024 Amendment
Protection Beyond Relationships
Secondary applicants, such as spouses and children, remain eligible for a visa even if their relationship with the primary applicant ends due to family violence.
Applicability Across Skilled Visa Subclasses
These family violence provisions apply to the following visa subclasses:
- Employer Nomination Scheme (Subclass 186)
- Regional Sponsored Migration Scheme (Subclass 187)
- Skilled Independent (Subclass 189)
- Skilled Nominated (Subclass 190)
- Permanent Residence (Skilled Regional) (Subclass 191)
- Global Talent (Subclass 858)
- Skilled Regional (Subclass 887)
No Additional Financial Burden
Survivors of family violence benefit from fee waivers, including:
- The second Visa Application Charge (VAC) instalment if they cannot meet the English language requirement.
- Fees for merits review applications if the visa is refused for family violence-related reasons.
Decoupling from Nomination Requirements
For visas like the Subclass 186 and 187 (which typically require all applicants to be included in the business nomination), secondary applicants using the family violence provisions:
- Do not need to be listed in the nomination application.
- No longer need to remain part of the primary applicant’s family unit to receive their visa
Alignment with National Policy
This amendment supports the National Plan to End Violence Against Women and Children 2022-2032. It demonstrates the government’s commitment to helping individuals escape abusive relationships without losing their immigration status.
Review Opportunities Without Fees
If the primary applicant’s visa is refused for family violence-related reasons, secondary applicants can challenge the decision without paying a review fee.
Public Interest and Return Criteria Apply
Regardless of relationship status with the primary applicant, all visa applicants and their family members must meet the public interest and special return criteria.
A Lifeline for Survivors of Family Violence
These new family violence provisions provide a lifeline for secondary applicants. They allow individuals to leave abusive relationships without fear of jeopardizing their immigration status. By reducing financial barriers, the Department of Home Affairs ensures survivors receive the support they need during difficult times.
How Aurelia Legal Can Help
Dealing with visa issues, especially those involving family violence, can be overwhelming. At Aurelia Legal, we specialize in immigration law and are committed to helping you find the best solutions. Our experienced migration lawyers will guide you through your options, ensuring your rights and safety are protected. If you or someone you know is navigating these issues while on a skilled visa, we are here to assist. Contact us today for a confidential consultation.
Contact us at +61 3 9125 8820 or info@aurelialegal.com.au
DISCLAIMER: This blog is for general information only. Legislation may change from time to time. Please refer to the latest legislation for current details.