In a groundbreaking development, the Australian Government has introduced new provisions for skilled visa applicants, providing a crucial lifeline for family violence survivors and children born in Australia with significant medical conditions. The Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 marks a significant shift in the country’s immigration policy, emphasising support for vulnerable individuals and ensuring they are not unjustly penalised.

Family Violence Provisions for Skilled Visa Applicants

Effective from 15 October 2024, the new regulations enable secondary applicants of seven permanent Skilled visa subclasses to access family violence provisions. These changes will have a profound impact on survivors of family violence, allowing secondary applicants to proceed with their visa applications independently of the primary applicant if they have experienced family violence.

The visa subclasses impacted by these amendments 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)

Under these provisions, a secondary applicant (or their family unit member) who has experienced family violence committed by the primary visa applicant can still be granted their visa, even if the relationship with the primary applicant has ended. This is a major win for survivors of family violence who often faced the devastating choice between staying in an abusive relationship or losing their pathway to permanent residency.

Key Conditions for Eligibility

To benefit from these provisions, secondary applicants must meet specific conditions, including:

1. Family Violence Occurrence: The secondary applicant or a dependent child must have experienced family violence committed by the primary applicant.

2. Residence in Australia: The secondary applicant must have been in Australia at the time of the visa application or have entered since the application was lodged.

3. Primary Applicant Visa Outcome: The primary applicant must have either been granted their visa or refused it on conduct-related grounds.

Importantly, even if the primary applicant’s visa is refused due to family violence-related conduct (such as failing character tests or failing to disclose a conviction), secondary applicants can still have their visa applications considered. Additionally, they are not required to remain a member of the family unit of the primary applicant, further safeguarding their independence.

Secondary applicants whose family violence claims are accepted by the Department but who are denied a visa due to the refusal of the primary applicant’s visa may seek a review without having to pay a fee. However, if their refusal is based on any other reason, a fee will still be payable for merits review.

A Step Forward for Health Provisions: PIC 4005 and PIC 4007 Amendments

In a parallel victory, changes have also been made to Public Interest Criteria (PIC) 4005 and 4007, which previously imposed strict health requirements on visa applicants. Effective from 16 October 2024, the Migration Amendment (Public Interest Criteria 4005 and 4007) Regulations 2024 exempts minor visa applicants born and ordinarily residing in Australia from meeting health criteria that would otherwise lead to a refusal based on the cost or access to healthcare services.

This amendment ensures that children born in Australia with medical conditions are no longer subject to stringent health tests that might have previously denied them a visa on economic grounds. This is a huge step forward for families with children who require long-term healthcare and for those advocating for a more compassionate approach to immigration.

What This Means for Applicants

These legislative amendments are a monumental change in Australia’s immigration policy, supporting individuals who are survivors of family violence and children with medical needs. The amendments provide greater protection, autonomy, and fairness in the visa process, particularly for vulnerable individuals who would have previously struggled to remain in Australia.

If you or someone you know is affected by these changes, detailed information on eligibility and the application process is available on the Department of Home Affairs website under Family Violence Provisions. The website will be updated to reflect the legislative amendments soon.

These amendments underscore the Australian Government’s commitment to a more inclusive and humane immigration policy. For family violence survivors and children facing medical challenges, these changes open the door to new opportunities, allowing them to seek safety, security, and stability in Australia without fear of losing their immigration status.

This is a tremendous win for social justice and a testament to the power of compassionate lawmaking in shaping a more equitable society.

Need Support?

If you or someone you know is experiencing domestic and family violence and needs assistance with visa options and protections, don’t hesitate to reach out. Our knowledgeable immigration lawyers are here to guide you through your rights and options, ensuring you receive the support you need during this challenging time. Contact us today for compassionate and professional legal assistance.

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.