The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024, commenced on 1 July 2024. These amendments were introduced to improve support for Partner Visa applicants who experience family violence.

Background Information

The Australian government introduced the Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 to enhance the support system for partner visa applicants, especially those facing challenging circumstances such as family violence or the death of their sponsor. These changes are aimed at creating a more compassionate and flexible visa application process, ensuring that applicants are better protected and supported.

Key Definitions:

• Relationship Cessation Provision: This provision allows applicants for Prospective Marriage (subclass 300) and Partner Visa (subclass 820/801 and subclass 309/100) to receive their visa even if their relationship with their sponsoring partner ends due to the following:

• Death of Sponsor: If the sponsor dies during the application process, the applicant can still be granted the visa.

• Child of Relationship: If the applicant has custody, joint custody, or access to a child from the relationship, they remain eligible for the visa.

• Family Violence: If the applicant or their family member has experienced family violence from the sponsoring partner, they can still apply for and receive the visa.

• Family Violence: Situations where an individual experiences physical, sexual, emotional, or psychological abuse from a partner or family member.

Key Amendments

1. Changes Relating to Existing or Intending Partners

The first set of amendments removes certain requirements for partner visa applicants when adverse circumstances arise, particularly in relation to relationship cessation.

Legal Framework:
Previously, applicants for Onshore Partner Visa (Subclass 820/801) and Offshore Partner Visa (Subclass 309/100) needed to be sponsored at the time of the decision, even if the relationship had ended due to the death of the sponsor, the birth of a child, or family violence.

Key Changes:

• Removal of Sponsorship Requirement: The requirement for a Partner visa applicant to be sponsored at the time of the decision has been removed if the relationship ended due to the sponsor's death, having a child from the relationship, or experiencing family violence. This change offers greater flexibility and protection for applicants in difficult circumstances.

• Access Without Being in Australia: Applicants for Subclass 309 and Subclass 100 visas no longer need to be in Australia at the time of the decision to access provisions related to the death of a sponsor or the birth of a child. For family violence provisions, applicants only need to have entered Australia at least once since lodging their visa application. This change provides flexibility for applicants who may need to leave Australia to escape violence.

2. Changes Relating to Prospective Partners

The second set of amendments addresses the needs of Prospective Marriage (Subclass 300) visa holders, offering new avenues and protections.

Legal Framework:
These changes allow Subclass 300 visa holders and certain former holders to apply for Partner (Subclass 820/801) visas under specific provisions.

Key Changes:

• Partner Visa Application: Prospective Marriage visa holders can now apply for Partner visas (820/801) under relationship cessation provisions, even if they did not marry their sponsoring partner. However, access to the death of sponsor provision is limited to specific circumstances. This prevents applicants from being coerced into marriage by their sponsor out of fear of deportation while in an abusive relationship.

• Onshore Visa Granting: Subclass 300 visa applicants can now be granted this visa while inside Australia, although the application must still be lodged offshore. This change offers greater convenience and flexibility.

• Review Rights: The amendments ensure that review rights for Subclass 300 applicants are retained, regardless of when their application was refused.

• Removal of Ties Requirement: Partner visa applicants no longer need to demonstrate close ties to Australia if their sponsor has died, simplifying the process.

3. Updates to Language Relating to Family Violence

The final set of amendments updates the language in the Migration Regulations concerning family violence.

Legal Framework:
The regulations now use "experienced" family violence instead of "suffered" family violence, and the legislative requirement has been expanded to include intended spouses. This ensures that applicants must prove that family violence occurred during the relationship, whether they were married or in a de facto relationship.

Key Changes:

• Language Update: This change reflects a more compassionate and accurate understanding of the experiences of those affected by family violence, emphasizing that it extends beyond physical violence to include emotional and mental abuse. The updated language underscores the commitment to providing a supportive and empathetic approach to applicants facing such situations.

Conclusion

The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 introduces significant changes to better protect and support partner visa applicants, particularly those facing difficult circumstances such as the death of a sponsor or family violence. By removing certain requirements and updating the language in the regulations, these amendments aim to provide a more compassionate and flexible visa process that reflects the unique challenges victims face.

These changes ensure that partner visa applicants have better access to the necessary protections and support, making the application process more humane, manageable, and inclusive.

Need Assistance?

If you need assistance with understanding and navigating the sponsorship process for Partner Visas, contact our experienced immigration lawyers today. We are here to help you achieve a successful application and start your life together in Australia.

Note: The information provided in this article is meant for general informational purposes only and should not be interpreted as legal advice. Although we strive to provide accurate and useful information, the nuances of Australian immigration law demand personalised advice from legal professionals. Given the dynamic nature of migration regulations, it is essential to consult with experienced immigration experts for up-to-date insights tailored to your individual circumstances. We strongly advise seeking professional guidance to navigate the complexities of Australian immigration law effectively and to achieve the most favorable outcomes for your immigration journey.

Further Reading:

• Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024