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Australia Expands Support for Partner Visa Applicants in Family Violence Cases

The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 outlines changes to the Migration Regulations 1994 that will come into effect on 1 July 2024 to better support partner visa applicants experiencing family violence.

The key changes are:

 

Expanded eligibility

  • Sponsorship is no longer required for Subclass 309 visas in cases of sponsor death, child of relationship, or family violence.
  • Relaxed location requirements for utilising death of sponsor or child of relationship provisions (Subclass 309 and 100).
  • The requirement to be in Australia at the decision stage for the family violence provision under Subclass 309 or 100 visas has been replaced. Applicants can now leverage this provision if they have entered Australia since lodging their visa application.

 

Prospective Partner Considerations

  • Prospective Marriage (Subclass 300) holders (except for death of sponsor) and current holders can apply for Partner visas (Subclass 820/801) under relationship cessation provisions.
  • The scope of the family violence provisions has been broadened to encompass Prospective Marriage (Subclass 300) visa holders and specific former holders who did not marry their sponsor.
  • Holders of Subclass 300 visas, along with certain former holders, can now apply for and be granted a Partner visa (Subclass 820/801) under the child of relationship provision.
  • Applicants for Prospective Marriage visas (Subclass 300) can now be granted this visa from within Australia.
  • Review rights for Prospective Marriage (Subclass 300) applicants are assured and will apply to refusals made before, on, or after July 1, 2024.
  • “Ties to Australia” requirement removed for Partner visa (Subclass 820/801) applicants with deceased sponsors.

 

Modernised definitions

Terminology related to family violence is updated to be more inclusive and reflect current standards, using “experienced” instead of “suffered”.

 

Streamlined process

The amendment aims to simplify and align the criteria for different partner visa subclasses, making the process easier for applicants.

 

Transitional provisions

The revised regulations apply to both new and existing applications that have not yet been finalised.

 

These amendments are a positive step towards offering greater protection and support for visa applicants experiencing family violence in Australia. They provide a clearer pathway to achieve permanent residency and build a safe life in the country.

 

To discuss details and the latest updates on Partner Visa applications, please get in touch with our expert team at aisupport@absoluteimmigration.com to arrange an online consultation. 

 

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