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Family Violence Provisions Expanded to Skilled Migration Visas in Australia

In an important shift, the Australian government has extended family violence protections to a range of skilled migration visas, aiming to better support temporary visa holders experiencing family violence.

family-violence-provisions-expanded-to-skilled-migration-visas-in-australia

In an important shift, the Australian government has extended family violence protections to a range of skilled migration visas, aiming to better support temporary visa holders experiencing family violence. This change aligns with Australia’s intensified focus on reducing gender-based violence, which has been declared a “national emergency.”

Overview of Changes

Previously, family violence provisions were mainly relevant to partner visas, allowing dependent applicants to retain their visas if family violence occurred, even if their relationship with the primary applicant ended. The updated Migration Regulations now extend these protections to secondary applicants on skilled migration visas, providing them a pathway to stay in Australia independently of the primary applicant.

The provisions cover several skilled visa categories:

  • 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)
  • Global Talent (subclass 858)
  • Skilled Regional (subclass 887)

These new provisions mean that secondary applicants experiencing family violence are no longer solely dependent on the primary visa holder’s status or relationship to maintain their own visa.

Criteria for Accessing Family Violence Provisions

Secondary applicants must meet specific criteria to qualify for these protections:

  • They or a family member must have experienced family violence committed by the primary visa applicant.
  • They must have entered Australia after applying for the visa.
  • The primary applicant must have been granted their visa or had it refused due to family violence.

If these conditions are met, the secondary applicant can pursue their visa independently, ensuring their safety is prioritised.

Additional Protections for Secondary Applicants

Under the updated regulations, secondary applicants impacted by family violence may also seek a review of the Department’s decision if the primary applicant’s visa was refused. If a refusal relates to family violence grounds, the review fee is waived, although fees remain for refusals unrelated to family violence.

Conclusion

The extension of family violence provisions to skilled visas represents a crucial advancement in safeguarding individuals on temporary visas, ensuring that their immigration status does not compromise their safety. This change underscores the government’s commitment to addressing domestic and family violence, empowering individuals to remain in Australia safely, regardless of their relationship with the primary visa holder. If you wish to understand further details of the changes or require any assistance with your visa, please contact Michelle Collins at Align Law.

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