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Expansion of Family Violence Provisions for Visa Applicants: Key Changes (Updated on: 31 January 2025)

By 31 January, 2025No Comments4 min read

visa family violence provisionsIn October and December 2024, changes were 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 family violence provisions implemented, 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 11 permanent Skilled and Family visa subclasses to access the family violence provisions. These are:

    • Business Talent (subclass 132) visa;
    • 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;
    • Pacific Engagement (Subclass 192) visa;
    • National Innovation (subclass 858) visa;
    • Skilled Regional (subclass 887) visa;
    • Remaining Relative (subclasses 115 & 835) visas;
    • Carer (subclasses 116 & 836) visas;
    • Parent (Subclass 103) visa;
    • Contributory Parent (Subclass 143) visa;
    • Aged Parent (Subclass 804) visa; and
    • Contributory Parent (Subclass 864) visa.

Although the family violence provisions have been extended to more family visas, they do not apply where family violence is perpetuated by the Australian sponsor (except in the case of Partner visas).

However, if you are a secondary applicant (dependent) on a Skilled, Business, or Family visa (other than a Partner visa), you can claim the family violence provisions apply where the primary visa applicant is the perpetrator of domestic violence.

December 2024: System Changes

In December 2024, system changes were introduced on ImmiAccount. These changes enable those impacted by family violence to ‘split’ their application from the primary applicant. This ‘split’ feature allows secondary applicants to process their application separately from the primary applicant, protecting their privacy while allowing them to still use ImmiAccount.

In light of these changes, the Department recommends that all applicants use ImmiAccount for notifications of relationship breakdowns or of family violence. This will help case officers better identify applications with family violence claims.

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.

Emily Young

Author Emily Young

Emily obtained a Bachelor of Laws (Honours) at Bond University in 2019 before completing a Graduate Diploma in Legal Practice at the College of Law. She was admitted to the Supreme Court of Victoria in 2021. Emily is passionate about global mobility and social issues, and is committed to providing valuable assistance across a broad range of immigration matters.

More posts by Emily Young

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