The Australian Government has introduced the Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024, expanding protections for secondary applicants of skilled visa holders who have experienced domestic violence. These new regulations allow secondary applicants to still obtain their visa if their relationship with the primary applicant ends due to family violence.
Effected 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)
- Skilled Regional (Subclass 887)
Key Changes
- Protection for Secondary Applicants: If a secondary applicant has experienced family violence committed by the primary applicant, they may still be eligible for visa approval, even if the relationship ends.
- Family Violence Claims: Secondary applicants can submit claims of family violence, which will be assessed to determine their eligibility for the visa.
- Government’s Stance: The Australian Government has made it clear that no individual should feel pressured to remain in an abusive relationship for the sake of their visa status. This amendment provides greater safety and independence for visa applicants.
Significance of the Provisions Amendment
- Expanded Protections: This change represents a major development in Australia’s immigration policies, ensuring that secondary applicants do not have to endure violent situations to maintain their immigration status.
- Welcomed by Advocates: The amendment has been positively received, as it supports individuals affected by family violence and offers them a secure path to stay in Australia.
No one should stay in an abusive relationship out of fear of losing their visa, if you or anyone you know is facing this issue, please do not hesitate to contact Albert Arthur Lawyers.
