In Australia, the government has long recognised the importance of protecting individuals from family violence, especially within the context of migration. At KU Legal, we keep our clients updated on key immigration law updates. One such important update involves recent changes to the family violence provisions affecting skilled visa applicants. Here’s what you need to know about these updates and how they could impact you.
What Are Family Violence Provisions?
Family violence provisions are legal measures that allow certain visa applicants to continue with their visa process or remain in Australia independently if their relationship ends due to family violence. Historically, these measures were mostly available for partner visa applicants, allowing them to achieve permanent residency despite relationship breakdowns caused by family violence.
Recent Changes to Family Violence Provisions for Skilled Visas
The Australian government recently broadened these protective provisions to include specific skilled visa subclasses. This significant update means secondary applicants (spouses or de facto partners) of skilled visa holders can now stay in Australia under the family violence provisions if their relationship ends due to abuse.
Affected Visa Subclasses
The amendments apply to the following visa subclasses:
- 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)
Key Points of the Changes
These changes mean that a secondary applicant may still be granted their visa, even if their relationship with the primary applicant ends due to family violence, provided that:
- the secondary applicant, a member of their family unit, or a dependent child of either or both applicants have experienced family violence committed by the primary applicant;
- the secondary applicant was in Australia at the time the application was made or have entered Australia since that time; and
- the primary applicant is granted their visa, or is refused their visa on grounds relating to family violence.
Why Are These Changes Important?
These changes to family violence provisions are significant for several reasons, including:
- Enhanced Protection for Vulnerable Individuals: Skilled visa applicants and applicants often face unique vulnerabilities, especially if their stay in Australia is contingent upon their relationship with a partner or sponsor. These changes provide them with additional security.
- Encouragement to Report Abuse: With clear protections in place, individuals can report family violence without fear of their own visa being refused.
How to Access Protection Under Family Violence Provisions
If you are a skilled visa applicant who has experienced family violence, there are steps you should take to ensure you are protected:
- Gather Evidence: Documentation is crucial. This can include police reports, medical records, affidavits from domestic violence services, or court orders.
- Seek Legal Advice: Consulting with the immigration lawyers at KU Legal is highly recommended. We can guide you on how to present your case and ensure that all relevant evidence is submitted correctly.
- Submit Your Claim: Make your submission to the Department of Home Affairs with the assistance of the immigration lawyers at KU Legal to ensure accuracy and completeness.
How Can KU Legal Help?
The recent changes to family violence provisions for Australian skilled visas mark an important step forward in protecting vulnerable individuals within the migration system. Understanding these provisions and knowing your rights can make all the difference. If you or someone you know is facing a situation involving family violence and visa-related concerns, reach out to KU Legal for professional and empathetic assistance.
+61 (0) 429 133 911
jb@kulegal.com.au
Disclaimer: Changes to the Australian migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of publication.
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