Starting on 15 October 2024, the Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 introduces critical protections for secondary applicants in various permanent Skilled visa subclasses who experience family violence. This regulation amends the Migration Regulations to include family violence provisions for several visa subclasses, empowering individuals in these situations to secure their visa independently of their relationship with the primary visa applicant.
Key Visa Subclasses Affected:
- 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)
Key Provisions for Family Violence Protection:
The new regulations allow a secondary applicant, who has experienced family violence perpetrated by the primary visa holder, to be granted a visa under certain conditions:
- The secondary applicant, a member of their family, or a dependent child has experienced family violence.
- The secondary applicant was either in Australia when the visa application was made or has since entered Australia.
- The primary visa holder’s visa is granted or refused due to conduct related to family violence.
Additionally, secondary applicants no longer need to remain a member of the family unit for visa finalisation based on family violence grounds. This also includes waivers for secondary applicants from certain nomination requirements.
Fee Waivers and Merit Review:
The amendment provides fee waivers for secondary applicants seeking a review if their visa is refused due to the refusal of the primary applicant’s visa. If the refusal stems from reasons unrelated to the primary applicant’s status, standard fees for merits review will still apply.
Impact on Visa Conditions:
The regulations adjust the “one fails, all fail” criteria, allowing secondary applicants to retain their eligibility for the visa if they meet public interest and special return criteria, even if no longer part of the primary visa applicant’s family unit.
Health Criteria Amendments:
An additional change, effective 16 October 2024, amends Public Interest Criteria 4005 and 4007 to exempt minor visa applicants born and ordinarily residing in Australia from certain health requirements if they would impose significant costs on the Australian community.
These important updates expand the protection framework for those experiencing family violence within skilled visa pathways, ensuring secondary applicants can pursue independent visa status.
For more details and eligibility information, refer to the Department of Home Affairs website.
If you are facing a similar situation, contact Kris Ahn Lawyers to discuss how we can assist you in navigating the complexities of Australia’s migration system. Book a consultation with us to explore your legal options.
Disclaimer: Not Legal Advice
The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.
Do not rely solely on the information presented here – but please book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.
Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.
