As of 15 October 2024, significant changes are being made to the Migration Regulations broadening access to “family violence” provisions for secondary applicants of several of the permanent Skilled visas.
These changes are part of the Australian Government’s efforts to support those impacted by family violence by ensuring they are not disadvantaged in their visa status when leaving abusive relationships.
What are the key changes?
A secondary applicant refers to an individual applying for a visa as a family member of the primary visa applicant. Typically this includes spouses, de facto partners, or children of the primary applicant.
Previously, secondary applicants had to remain a ‘member of the family unit’ of the primary applicant to be granted a visa. However, under the new family violence provisions, secondary applicants may now be granted a visa if they are no longer a member of the family unit due to family violence.
Further, if the primary applicant’s visa is refused due to domestic violence-related conduct, the secondary applicant may still be eligible for the visa under these changes.
These changes aim to ensure that those leaving abusive relationships are not penalised for doing so.
What visas do these changes apply to?
The new amendments will allow secondary applicants of seven permanent Skilled visa subclasses to access the family violence provisions. These are:
- Employer Nomination Scheme (subclass 186) visa;
- Regional Sponsored Migration Scheme (subclass 187) visa;
- Skilled Independent (subclass 189) visa;
- Skilled Nominated (subclass 190) visa;
- Permanent Residence (Skilled Regional) (subclass 191) visa;
- Global Talent (subclass 858) visa; and
- Skilled Regional (subclass 887) visa.
What constitutes family violence?
Any conduct that makes you fear for your or your family’s safety or wellbeing is considered family violence. This extends to violence directed at your pets or property. The Department of Home Affairs provides guidelines as to what may be considered family violence, which include:
- physical abuse;
- sexual abuse;
- verbal or emotional abuse;
- social abuse; or
- financial abuse.
We also have a detailed guide on what constitutes family violence and how to apply via the Family violence provisions.
Key Takeaways
The expansion of the family violence provisions to secondary applicants of Skilled visas is a significant development in Australia’s effort to address family violence. These changes ensure that victims of abuse are not forced to choose between their safety and their visa status.
If you have any questions about the family violence provisions, or have any other immigration related queries, our experienced team can help. Contact us by email at [email protected] or by phone at +61 3 9016 0484.
Further, please call 1800RESPECT for the national domestic, family and sexual violence counselling, information and support service, or 000 if you are in danger.
This document does not constitute legal advice or create an attorney-client relationship. Please consult an immigration professional for up to date information.
