The Australian government has made notable updates to the Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024, which are effective as of 1 July 2024. These revisions are designed to improve protections for partner visa applicants, highlighting those impacted by family violence.
One of the key updates is the elimination of the requirement for Prospective Marriage visa applicants to remain sponsored at the time of decision under these circumstances:
- Their relationship ends due to the sponsor’s death
- The birth of a child from the relationship
- Instances of family violence occur
This change, referred to as the ‘relationship cessation provisions,’ ensures that individuals facing these challenging circumstances are not further burdened by bureaucratic requirements.
Relating to Prospective Marriage Visa (Subclass 300)
- Prospective Marriage visa holders can now apply for and be granted a partner visa (subclass 820/801) under the ‘relationship cessation provisions’. This includes certain former holders who did not marry their sponsoring partner.
- Prospective Marriage visa applicants now have the flexibility to receive their visa while in Australia. Although the application must still be submitted from outside of the country, the visa can be granted either onshore or offshore.
- The family violence provisions have also been expanded to cover Subclass 300 visa holders who did not marry their sponsor.
Simple yet significant impact on terminology change
An update on the terminology related to family violence from ‘suffered’ to ‘experienced’ aims to reflect a more compassionate and precise understanding of the challenging realities faced by individuals affected by family violence.
These changes represent a significant advancement in supporting and protecting partner visa applicants in Australia. It is paramount for the government to safeguard vulnerable individuals and to sustain their rights within the immigration framework.
At Albert Arthur Lawyers, we are here to support you, offering legal guidance and compassionate assistance to help you navigate these challenging circumstances. Your well-being is our priority, and we are dedicated to making complex immigration matters simple and manageable for you. For assistance with immigration issues or reliable legal advice, contact us and explore your options for achieving your immigration objectives.
