The Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 introduces important changes  that enables secondary visa applicants of certain visa subclasses to access family violence provisions.  Under the new regulations, secondary applicants can still be granted their visas even if their relationship with the primary visa applicant has ended due to family violence.

Which visa subclasses are affected?

The following seven permanent skilled visa subclasses now include family violence provisions:

  • 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)

What Are the Family Violence Provisions?

These provisions allow secondary applicants to be granted a visa even if their relationship with the primary applicant has ceased, provided specific conditions are met:

  • Family violence has occurred: The secondary applicant, a member of their family unit, or a dependent child of either party must have experienced family violence perpetrated by the primary applicant.
  • Residency requirement: The secondary applicant must have been in Australia at the time of the visa application or have entered Australia since then.
  • Primary applicant’s visa outcome: The primary applicant must either be granted their visa or refused on grounds related to family violence. Although there is no explicit provision in the Migration Act or Regulations specifically for family violence, refusals may occur under general criteria such as character concerns (Section 50 of the Migration Act) or failing to disclose a conviction (Public Interest Criteria 4001 or 4020).

Key changes for employer-sponsored visas (Subclass 186 and 187)

For visa subclasses 186 (Employer Nomination Scheme) and 187 (Regional Sponsored Migration Scheme), specific clauses (186.312 and 187.312) have been amended. These clauses ensure that secondary applicants can still be granted their visas under family violence provisions, even if they are no longer part of the family unit of the primary applicant. Importantly, secondary applicants using these provisions are not required to be included in the employer nomination, unlike in the past when they needed to remain in the family unit until the decision was made.

The introduction of these family violence provisions is a crucial step toward safeguarding vulnerable migrants who may find themselves in difficult or dangerous situations. By ensuring that family violence survivors can remain in Australia independently of their relationship with the primary visa holder, the amendments help protect their safety and future.

Navigating the complexities of migration law, particularly in situations involving family violence, can be challenging. At Reid Legal Group, we specialize in supporting clients through sensitive situations like these, ensuring that their legal rights are protected and their applications are processed smoothly. If you believe you may be eligible for a visa under these provisions, or if you need guidance on your visa options, our experienced team is here to help.

Contact us today to discuss your situation and get expert legal advice.