Published on: October 15, 2024

Starting from 15 October 2024, the Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 introduces critical protections for secondary applicants in several permanent Skilled visa subclasses who experience family violence. This regulation allows secondary applicants to secure their visa independently, even if they are no longer connected to the primary visa applicant due to family violence.

Key Visa Subclasses Affected:

• 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)

Key Provisions for Family Violence Protection:

• Eligibility for Secondary Applicants:
  Secondary applicants who have experienced family violence from the primary visa holder, or whose family members or dependent children have experienced violence, can now apply for a visa independently.
• Application Criteria:
  • The secondary applicant was either in Australia at the time of the visa application or has since entered Australia.
  • The primary visa holder’s visa was granted or refused due to family violence-related conduct.
• Independence from the Family Unit:
  Secondary applicants no longer need to remain part of the primary applicant’s family unit for visa processing based on family violence grounds. They are also exempt from certain nomination requirements.

Fee Waivers and Merit Review:

• Fee Waivers:
  Secondary applicants are eligible for fee waivers when seeking a review of a visa refusal that stems from the primary visa holder’s visa refusal due to family violence.

Impact on Visa Conditions:

• One Fails, All Fail Adjustment:
  The regulations modify this rule, allowing secondary applicants to retain visa eligibility if they meet public interest and return criteria, even if they are no longer part of the primary applicant’s family unit.

For more information:

https://migrationalliance.com.au/images/easyblog_images/5725/Migration-Amendment-Family-Violence-Provisions-for-Skilled-Visa-Applications-Regulations-2024.pdf

https://migrationalliance.com.au/images/easyblog_images/5725/Migration-Amendment-Family-Violence-Provisions-for-Skilled-Visa-Applications-Regulations-2024-Explanatory-Statement.pdf