Family Violence Provisions to Extend to More Visas
What are the Migration Amendment (Family Violence Provisions and Other Measures) Regulations 2024?
The regulations introduce major changes aimed at protecting visa applicants who experience family violence. They expand the scope of family violence provisions across various visa subclasses, ensuring greater support for those affected.
Secondary applicants or members of the family unit (MoFU) who have experienced family violence committed by the primary applicant of the eligible visa subclasses can now leave the relationship and not impact their own visa pathway to permanent residence (PR).
Which visa subclasses are now included under the family violence provisions?
The amendments expand family violence protections to 11 additional visa subclasses, including:
What are the key highlights of these Family Violence Provision Changes?
Broader Coverage of Family Violence Scenarios
The provisions now encompass a wider range of situations, including those where family violence leads to a breakdown of the primary applicant's visa criteria.
Retention of Visa Eligibility
Secondary applicants and their dependents can maintain their visa eligibility without facing financial penalties. This includes waivers on additional visa application charges for individuals who are unable to meet English proficiency requirements.
Adaptation of the "One Fails, All Fail" Principle
This principle continues to apply but has been adapted to consider family members affected by family violence. This ensures that visa decisions remain consistent even in cases of violence.
How do these changes support You If you are experiencing Family Violence?
These amendments demonstrate Australia’s commitment to protecting vulnerable visa applicants from being forced to remain in harmful relationships. By providing pathways to secure permanent residency despite relationship breakdowns due to family violence, the regulations aim to enhance the safety and security of individuals in precarious situations.
The changes are in line with the National Plan to End Violence Against Women and Children 2022-2032, reinforcing Australia's dedication to addressing and preventing family violence while ensuring that affected individuals have access to necessary legal protections and support.
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How Can Agape Henry Crux Help
It is essential to prioritise your safety above all else, especially if you feel like there is no other visa pathway. At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents specialise in handling highly complex matters. To seek professional advice, you may schedule an appointment with one of our lawyers or agents by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Malay. If this isn’t your language, we can also help you arrange an interpreter.
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