15/10/2024
FAMILY VIOLENCE PROVISIONS ADDED TO SEVERAL VISAS
The Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 have been introduced to modify the Migration Regulations, allowing secondary applicants in seven permanent Skilled visa subclasses to access family violence provisions. This includes amending the existing family violence provision in the Global Talent visa criteria.
The visa subclasses affected by these changes are
the 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), and
Skilled – Regional (subclass 887).
The Amendment Regulations will insert family violence provisions into these visa subclasses. These provisions will enable a secondary applicant to be granted their visa even if their relationship with the primary applicant has ended under certain circumstances, such as experiencing family violence committed by the primary applicant or being in Australia at the time of application or entering Australia thereafter.
For the Sc 186 and Sc 187, any nomination must only include applicants who satisfy specific criteria, and secondary applicants seeking finalization of their visa based on family violence provisions are not required to be included in the nomination.
The Instrument also allows a secondary applicant, whose family violence claim has been accepted by the Department but whose visa is refused due to the primary applicant's visa refusal, to seek review of that decision without paying a fee for the application for review.
Consequential amendments have been made to the 'one fails, all fail' criteria, ensuring that all visa applicants and their family unit members must meet the relevant public interest and special return criteria, regardless of their status as a member of the family unit of the primary applicant at the time a decision is made on the visa.
These regulations come into effect on 15 October 2024 and apply to applications made, but not finally determined, before this date, as well as those made on or after 15 October 2024.
For information on eligibility and how to apply, visit the Department of Home Affairs’ website at Family Violence Provisions, which will be updated to align with the legislative amendments.
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