New Family Violence Provisions for Skilled Visa Applications in Australia
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in Australia Immigration News, Australian Migration Strategy & Policy, Skilled Migration News
Australia has introduced new changes to its migration laws, offering protection to secondary applicants in the skilled visa category who are victims of family violence. The Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 extends family violence protections to seven permanent Skilled visa subclasses, providing new avenues for secondary applicants to secure their visa, even if their relationship with the primary applicant has ended.
Affected Visa Subclasses
The amended 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)
Key Changes and What They Mean
Under the new rules, secondary applicants can still be granted a visa if they have been subjected to family violence by the primary applicant. To qualify, the secondary applicant must either have been in Australia at the time the visa application was lodged or have entered the country afterward. Moreover, the primary applicant must have been granted their visa or refused it due to conduct that includes family violence-related grounds, although there is no direct family violence provision for refusal under current legislation.
For the Employer Nomination Scheme (subclass 186) and Regional Sponsored Migration Scheme (subclass 187) visas, secondary applicants who experience family violence no longer need to be included in the original nomination. They are also not required to remain a part of the primary applicant’s family unit at the time of the visa decision.
Fee Waivers and Review Rights
If a secondary applicant’s visa is refused due to the primary applicant’s visa being denied, the secondary applicant can seek a review of that decision without paying a review fee. However, if their visa is refused for other reasons unrelated to the primary applicant’s status, standard fees will apply. Additionally, secondary applicants who meet the family violence provisions are exempt from paying the second Visa Application Charge (VAC) if they cannot demonstrate functional English.
Aligning with Broader Commitments
These amendments reflect Australia’s commitment to protecting individuals from domestic violence, as outlined in the National Plan to End Violence Against Women and Children 2022-2032. The new provisions ensure that individuals in abusive relationships are not forced to remain with their partner to maintain their immigration status. By offering family violence protections within skilled visa categories, the Australian government strengthens its support for survivors.
In Summary:
Secondary applicants may still be eligible for a visa even if their relationship with the primary applicant has ended due to family violence.The new provisions apply to several skilled visa subclasses, including Employer Nomination Scheme (Subclass 186) and Global Talent (Subclass 858).Survivors of family violence are no longer required to pay additional fees for English language requirements or merit reviews.The changes take effect from 15 October 2024 and apply to visa applications made before or on that date.
