Starting from 15 October 2024, new family violence provisions will apply to seven permanent skilled visa subclasses. These amendments aim to protect secondary applicants who have experienced family violence, allowing them to continue their visa process even if their relationship with the primary applicant has ended. This update will affect 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)
- Global Talent (Subclass 858)
- Skilled Regional (Subclass 887)
What You Need to Know:
- Visa Approval for Secondary Applicants: Even if the relationship with the primary applicant ends, secondary applicants can still be granted their visa if they, or a dependent family member, have experienced family violence by the primary applicant.
- No Need for Nomination (Sc 186 and 187): Secondary applicants using the family violence provisions won’t need to be part of the primary applicant’s nomination.
- English Fee Waiver: If secondary applicants meet the family violence criteria, they won’t need to pay the second Visa Application Charge (VAC) for demonstrating English proficiency.
- Free Review Rights: If a secondary applicant’s visa is refused due to the primary applicant’s visa being denied (because of family violence), they can appeal the decision without paying a review fee.
- Updated Criteria: The ‘one fails, all fail’ rule has been revised. All applicants must meet public interest and special return criteria, even if they’re no longer part of the primary applicant’s family unit when the visa decision is made.
Eligibility and Application:
These changes apply to visa applications lodged on or after 15 October 2024, or those already lodged but not yet finalised by that date. The Department of Home Affairs will update its website to reflect these legislative amendments.
For further details on eligibility and how these changes may affect your situation, visit the Department of Home Affairs website, or get in touch with us at [email protected] for personalised assistance.