The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 introduces significant changes aimed at providing better support and protection for visa applicants experiencing family violence. These changes, effective from 1 July 2024, are designed to provide more flexibility and safeguards for individuals in vulnerable situations. The amendments are categorised into three main parts:
Part 1 – Amendments for Existing or Intended Partners
Elimination of Sponsorship Requirement at Decision Time:
Under the new regulations, Partner (Subclass 309) visa applicants are no longer required to maintain continuous sponsorship at the time of the visa decision if the relationship ends due to specific circumstances such as the death of the sponsor, having a child together, or experiencing family violence. This change acknowledges the challenges faced by applicants in maintaining sponsorship under distressing circumstances and aims to reduce the potential for manipulation or control by sponsors.
Flexibility on Location Requirements:
The amendments also address the location requirements for applicants. Previously, applicants were required to be in Australia at the time of the decision to access certain provisions. The new regulations allow applicants to access provisions related to the death of the sponsor or having a child with the sponsor, even if they have not been in Australia since lodging the visa application. For those experiencing family violence, it is now sufficient to have entered Australia at least once since applying, without the need to be present at the time of decision. This adjustment provides greater flexibility and accessibility to protection for applicants who may need to leave Australia temporarily for safety or other reasons.
Part 2 – Amendments for Prospective Partners
Provisions for Subclass 300 Visa Holders:
The regulations have been expanded to include protections for Prospective Marriage (Subclass 300) visa holders. These applicants, including certain former holders who did not marry their sponsor, can now apply for and be granted a Partner (Subclass 820/801) visa under the relationship cessation provisions. This includes cases where family violence has occurred, offering a pathway for individuals who may have been unable to marry due to abuse or other serious issues.
Expanded Access to Family Violence Provisions:
The language of the regulations has been updated to include the term “prospective spouse,” thereby extending family violence protections to Subclass 300 visa holders who did not marry their sponsors. This change reflects a broader understanding of the types of relationships that can be affected by family violence and ensures that more individuals have access to necessary protections.
Grant of Subclass 300 Visa Inside Australia:
The new regulations also provide for the granting of the Subclass 300 visa either onshore or offshore, although the application must still be made from outside Australia. This flexibility is important for applicants who may face difficulties returning to their home country or who have established ties in Australia. Additionally, review rights for Subclass 300 applicants are maintained for refusals made before, on, or after 1 July 2024, ensuring that applicants have avenues for appeal or review.
Removal of ‘Close Ties’ Requirement:
The amendments remove the requirement for applicants for Partner (Subclass 820/801) visas to demonstrate close business, cultural, or personal ties to Australia if their sponsor has died. This change is particularly significant for individuals who may have been isolated or cut off from community networks due to family violence, and it acknowledges that the loss of a sponsor can have profound and far-reaching impacts.
Part 3 – Updates to Language on Family Violence
The regulations now use the term “experienced” rather than “suffered” to describe individuals affected by family violence. This shift reflects a more sensitive and inclusive approach to addressing the issue, recogniaing the agency and resilience of those affected by family violence. The change in terminology aims to reduce stigma and promote a more supportive environment for applicants seeking help.
Conclusion
These amendments underscore Australia’s commitment to supporting and protecting individuals facing family violence. By providing greater flexibility, removing onerous requirements, and updating language to reflect a more compassionate approach, the new regulations ensure that visa applicants do not have to remain in dangerous situations to secure their visa status. For more detailed information, you can visit the Department of Home Affairs’ page on family violence provisions (Home Affairs)
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