The Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 enables secondary visa applicants (spouse, de facto partners, step-children or dependent children) to be granted a visa if their relationship with the primary applicant has ended due to family violence committed by the primary applicant.
Previously, when the relationship ended between the primary applicant and their partner, this meant that the former partner was no longer a member of the family unit and was not eligible for the visa grant.
However, secondary applicants & their members of family unit may now still be eligible for a visa even if they are no longer in a relationship with the primary applicant.
This applies in cases where:
The secondary applicant and members of their family unit have experienced family violence committed by the primary applicant and
The primary applicant is granted their visa or is refused their visa on grounds relating to family violence.
‘Member of the family unit’ is defined in regulation 1.12 and generally refers to a person who is:
(1) Subject to sub-regulation (2), a person (the first person) is dependent on another person if:
the first person is wholly or substantially reliant on the other person for financial support because the first person is incapacitated for work due to the total or partial loss of the first person’s bodily or mental functions.
The expanded family violence provisions apply to the following visas
Secondary applicants who meet the family violence provisions are not required to pay a second VAC, even if they fail to meet the English language requirements.
As part of the requirements for Skilled visas, applicants over 18 must either:
The new changes recognise that victim-survivors of family violence may already be experiencing financial hardship, which could be further aggravated by requiring them to pay an additional charge to be granted their visa.
The Regulations allow a secondary applicant
whose family violence claim has been accepted by the Department; and
whose visa has been refused (due to the primary applicant’s visa being refused)
to seek a review of that decision and not pay a fee for the application for review.
Ordinarily, a secondary applicant can be included in a primary applicant’s merits review application for no additional fee. However, in circumstances involving relationship breakdown and family violence, a primary applicant seeking review of a visa refusal may not include their former partner or former stepchildren in the application.
When the primary applicant commits family violence against their partner or a family member (like a child), the partner might feel compelled to remain in a violent relationship for fear of losing their visa pathway.
These Regulations allow for a former partner (secondary applicant) to make a claim of family violence and, if the partner or a member of the family unit are found to have experienced family violence committed by the primary applicant, they may be eligible to be granted the visa.
The intention is that a secondary applicant should not feel compelled to stay in a violent relationship for a visa outcome.
Unit 7, 242-244 Caroline Springs Blvd
Caroline Springs VIC 3023
Unit 7, 242-244 Caroline Springs Blvd
Caroline Springs VIC 3023
