The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 introduces significant changes to the Migration Regulations 1994, set to take effect on July 1, 2024. These reforms are designed to enhance support for partner visa applicants facing family violence.
Key revisions under the new regulations include:
Expanded Eligibility:
- Removal of sponsorship requirement for Subclass 309 visas in cases involving sponsor death, child of relationship, or family violence.
- Relaxed location criteria for utilizing provisions related to sponsor death or child of relationship for Subclass 309 and 100 visas.
- Removal of the requirement for applicants to be in Australia at the decision stage for family violence provisions under Subclass 309 or 100 visas. Applicants who have entered Australia since lodging their visa application can now leverage these provisions.
Considerations for Prospective Partners:
- Prospective Marriage (Subclass 300) visa holders, except in cases of sponsor death, and current holders are eligible to apply for Partner visas (Subclass 820/801) under relationship cessation provisions.
- Expansion of family violence provisions to include Subclass 300 visa holders and specific former holders who did not marry their sponsor.
- Eligibility for Subclass 300 visa holders and certain former holders to apply for and be granted a Partner visa (Subclass 820/801) under the child of relationship provision.
- Prospective Marriage visa (Subclass 300) applicants can now be granted visas from within Australia.
- Review rights guaranteed for Prospective Marriage visa applicants, applicable to refusals from July 1, 2024, onwards.
- Removal of the “ties to Australia” requirement for Partner visa (Subclass 820/801) applicants with deceased sponsors.
Modernized Definitions:
– Updated terminology around family violence aims to be more inclusive and reflective of contemporary standards, replacing “suffered” with “experienced.”
Streamlined Process:
– The amendments seek to simplify and harmonize the criteria across different partner visa subclasses, aiming to make the application process more straightforward for applicants.
Transitional Provisions:
– The revised regulations apply to both new applications and existing applications that have not yet been finalized, ensuring consistent application of the new provisions.
These amendments represent a significant step forward in providing enhanced protection and support for visa applicants experiencing family violence in Australia. By offering clearer pathways to permanent residency, these reforms aim to facilitate the establishment of safe and stable lives for affected individuals in the country.
