Family Violence Provision Set for Permanent Australian Skilled Visa Applications
The Australian Government announced a Family Violence provision on 15 October 2024 for secondary applicants of certain permanent work visas in Australia, specifically for those who experience family violence. By adding family violence provisions for some visa subclasses to the Migration Regulations, this regulation gives people the ability to obtain a visa regardless of their relationship with the primary visa applicant.
Key Family Violence Provision
According to the revised Family Violence provision, a secondary applicant who has been the victim of family violence committed by the primary visa holder may be eligible for a visa if they meet the following requirements:
- Family violence has been experienced by the dependent kid, the secondary applicant, or a family member.
- The secondary applicant either has arrived in Australia or was present when the permanent work visa application was submitted.
- The permanent work visa was either approved or denied based on their family violence-related behaviour.
The former partner may feel pressured to stay in a violent relationship out of fear of losing their visa pathway in cases when the primary applicant has committed domestic violence against either their former partner or another family member (such as a child). According to these regulations, a secondary applicant – a former partner – may be eligible for a visa if it is determined that the partner or a family has been the victim of family violence committed by the primary applicant.
There are also waivers for secondary applicants to meet specific nomination requirements.
Permanent Work Visa Australia Affected
The family violence provision applies to the following permanent work visa in Australia:
- Employer Nomination Scheme (subclass 186) Visa
- Regional Sponsored Migration Scheme (subclass 187) Visa
- Skilled Independent Visa (subclass 189)
- Skilled Nominated Visa (subclass 190)
- Permanent Residence (Skilled Regional) (subclass 191) Visa
- Global Talent Visa (subclass 858)
- Skilled Regional Visa (subclass 887)
Learn more about Australian skilled visa here
Impact on Permanent Work Visa Conditions
Even if the secondary applicants are no longer members of the primary visa applicant’s family, they may still be eligible for the visa under the changed regulations. These regulations, often called the ‘one fails, all fail’ standards, allow for eligibility if the secondary applicants satisfy exceptional return and public interest requirements.
Merit Review Fee Waivers for Family Violence Survivors
In the event that the main applicant’s visa application is denied, the amended Family Violence provision waives fees for the secondary applicants’ requesting a review. The usual fees for a merits review will still be charged if the refusal is due to factors unrelated to the principal applicant’s status.
Read more: Appeal Visa Refusal Australia – Steps and Cost in 2024
Conclusion
In conclusion, the Family Violence provision offers crucial protection for secondary applicants on permanent work visas for Australia, ensuring that abusive relationships do not jeopardize their pathway to permanent residency. This provision brings a sense of relief and upholds the rights and dignity of individuals who face family violence, allowing them to seek a safer future without fear of losing their immigration status.
If you or someone you know is experiencing family violence, it is essential to seek legal advice and support. At ONEderland Consulting, we are here to guide you through the process, ensuring your rights are protected at every step. You are not alone in this journey, and we are here to support you.
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