In a significant update to the migration landscape, the Australian Government has announced amendments to the Migration Regulations that extend family violence protections to secondary applicants on seven permanent skilled visa subclasses. This move offers crucial support to those affected within the skilled migrant community.
What do these new Family Violence Provisions for Skilled Visa Applications mean?
The newly introduced regulations specifically cater to secondary applicants, enabling them to secure their visas independently of their relationship status with the primary applicant under certain conditions. The aim is to protect those who have experienced family violence, ensuring their path to residency is not compromised by their vulnerable position.
Visa Subclasses Covered
What are the Eligibility Criteria for Family Violence Provisions under Skilled visa application?
To benefit from these new provisions, the secondary applicant must demonstrate:
– They or a member of their family unit, or a dependent child has suffered family violence at the hands of the primary applicant.
– They were in Australia at the time the application was made or have entered Australia since then.
– The primary applicant has either been granted their visa or refused it based on grounds potentially relating to family violence.
Significantly, secondary applicants do not need to be included in the nomination by the primary applicant under certain subclasses (186 and 187), and they are no longer required to remain part of the primary applicant’s family unit at the decision time.
Additional Provisions
– Review Rights: Secondary applicants, whose family violence claims are acknowledged but whose visas are denied due to the primary applicant’s visa refusal, can seek a review of their decision without a fee.
– VAC Instalment Waiver: The requirement for a second Visa Application Charge (VAC) instalment is waived for secondary applicants who cannot demonstrate functional English but meet the family violence criteria.
Implementation Details
These amendments take effect on 15 October 2024 and apply to applications made but not yet decided by this date, as well as those lodged on or after this date. The Department of Home Affairs will update its website with detailed guidance on eligibility and application procedures in line with these changes.
Why This Matters
These changes reflect a growing recognition of the complexities surrounding family violence and the need for a compassionate approach in migration policies. By allowing secondary applicants to obtain visas independently under such conditions, the amendments promote fairness and safety within the immigration process.
How Can Heenan & Browne Visa and Migration Services Help?
Navigating these new provisions can be complex, especially in determining eligibility and preparing a robust application. At Heenan & Browne Visa and Migration Services, we specialise in providing expert advice and support throughout the visa application process. Our team is well-versed in the latest regulations and can help you understand how these changes might impact your specific situation.
If you or someone you know could benefit from these new provisions, we invite you to book a consultation with one of our registered migration agents. Let us help you secure your future in Australia with the dignity and safety you deserve.
