Family Violence Provisions extended to secondary visa applicants of Skilled Visas
Division 1.5 of the Migration Regulations 1994 (Cth) provides existing arrangements for the consideration and assessment of whether a person has experienced family violence. Previously, the family violence provisions in Schedule 2 of the Migration Regulations existed only in relation to the Partner (Subclasses 820/801 and 309/100) and Global Talent (Subclass 858) visas, allowing Partner Visa Applicants to be granted Partner Visas even where they may no longer be in a relationship with their Sponsor, as well as secondary Global Talent Visa Applicants to be granted a Global Talent Visa even where they may no longer be in a relationship with the Primary Visa Applicant.
On 15 October 2024, access to the family violence provisions was extended in the Migration Regulations to secondary visa applicants of certain Skilled Visa Categories, including the Global Talent (Subclass 858) Visa, the Employer Nomination Scheme (Subclass 186) Visa, the Regional Sponsored Migration Scheme (Subclass 187) Visa, the Skilled Regional (Subclass 887) Visa, the Skilled Independent (Subclass 189) Visa, the Skilled Nominated (Subclass 190) Visa and the Permanent Residence (Subclass 191) Visa.
In summary, the Regulations amend the existing family violence provision in the Global Talent visa, and expand family violence provisions to the following visas:
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); and
Skilled Regional (Subclass 887).
This allows for the grant of a visa to a secondary applicant (and members of their family unit) (i.e. a primary applicant’s spouse, de facto partner and/or children) for certain Skilled Visas where the secondary applicant’s spouse or de facto relationship with a primary applicant has ended, and there was family violence committed by the primary applicant. The secondary applicant in these circumstances can only be granted a visa if the primary applicant has their visa granted, or if the primary applicant’s visa is refused for reasons which include family violence related conduct. This conduct does not necessarily have to be family violence committed against one of the members of the family unit, and could include violence committed against another person who was not included in the visa application.
What is the purpose of these Family Violence Provisions?
The family violence provisions are intended to provide protection for visa applicants with ties to Australia and give them access to permanent residence where they have experienced family violence perpetrated by their former partner, and the Australian Government’s expansion of the family violence provisions to more visa subclasses is consistent with the Government’s commitment to help end family, domestic and sexual violence as articulated in the National Plan to End Violence Against Women and Children 2022-2032. The Regulations reinforce the commitment to:
end violence against women and children;
ensure migrants (including their children) are safe and free from violence; and
ensure that victim-survivors of family violence do not feel compelled to remain in a violent relationship for fear of losing access to permanent residence via their visa application.
Domestic and family violence is unacceptable in any form, whether it is physical abuse, sexual abuse, verbal abuse, emotional abuse, social abuse or financial abuse. Additionally, both men, women and persons of all gender identities can experience family violence and are deserving of protection in the law, whether through criminal law, family law and/or migration law.
Our experienced immigration lawyers at Inclusive Migration have worked with many victims of family violence and supported them in their pathway to achieving independence and permanent residence in Australia. We applaud the Australian Government’s expansion of the family violence provisions to protect more vulnerable migrants in Australia and remind all migrants in Australia that you do not need to stay in an abusive relationship where you feel unsafe. You have rights, you deserve to be heard and may have your own independent pathway to permanent residence.
If you believe that you may have experienced family violence perpetrated by your former partner, whether they are the Sponsor for your Partner Visa application or the Primary Visa Applicant for your Skilled Visa application, please do not hesitate to contact our immigration lawyers at info@inclusivemigration.com.au or submit an enquiry using the contact form on our website for a confidential discussion of your immigration options.
