From 15 October 2024, secondary applicants (such as spouses, partners, or family members) applying under several permanent Skilled and Employer Sponsored visa subclasses will have access to family violence provisions. These provisions aim to protect individuals who are no longer in a relationship with the primary visa applicant due to family violence.
The visa subclasses affected by these changes include:
- 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 does this mean for you?
If you are a secondary applicant, and your relationship with the primary applicant has ended due to family violence, you may still be granted your visa, provided that:
- You, a family member, or a dependent child have experienced family violence committed by the primary applicant.
- You were in Australia when the visa application was made, or you have entered the country since that time.
- The primary applicant has either been granted their visa or refused on character grounds related to family violence.
The legislation clarifies that secondary applicants who seek visa finalisation based on family violence no longer need to be included in the original nomination for employer-sponsored visas (subclasses 186 and 187) and they are not required to remain part of the primary applicant’s family unit at the time the visa decision is made.
If your visa application is refused due to the primary applicant’s visa being refused on family violence grounds, you can request a review of that decision without having to pay the usual review fee. However, if your visa is refused for reasons unrelated to the primary applicant’s refusal, the regular review fees will still apply.
Another notable change is the waiver of the second Visa Application Charge (VAC) if you do not meet the English language requirement but qualify under the family violence provisions.
If you are facing family violence, please reach out to our office for a confidential discussion.
