Overview
Prior to 15 October 2024, family violence provisions only applied to applicants for:
- Partner visas (subclass 300, 309/100, 820/801)
- Dependent Child visas (subclass 445)
- Global Talent visa (subclass 858)
From 15 October 2024, these provisions have been extended to key Skilled visas, offering greater protection and flexibility to secondary applicants experiencing family violence.
Key Changes
The Migration Amendment (Family Violence Provisions) applies to the following Skilled visa subclasses:
Skilled visas
Business Talent (subclass 132) visa
Employer Nomination Scheme (subclass 186) visa
Regional Sponsored Migration Scheme (subclass 187) visa
Skilled – Independent (subclass 189) visa
Skilled – Nominated (subclass 190) visa
Permanent Residence (Skilled Regional) (subclass 191) visa
Pacific Engagement (subclass 192) visa
Global Talent (subclass 858) visa
National Innovation (subclass 858) visa
Skilled - Regional (subclass 887) visa
Business Innovation and Investment (subclass 888) visa
Family visas
Parent (subclass 103) visa
Remaining Relative (subclass 115) visa
Carer (subclass 116) visa
Contributory Parent (subclass 143) visa
Aged Parent (subclass 804) visa
Remaining Relative (subclass 835) visa
Carer (subclass 836) visa
Contributory Parent (subclass 864) visa
Secondary applicants under these subclasses may now:
- Receive visa grants independently if they or their dependents experience family violence.
- Qualify for exemption from additional Visa Application Charges (VAC) if eligible.
- Seek free merits review if the primary applicant’s visa is refused on family violence-related grounds.
Eligibility Criteria
To qualify under the family violence provisions, secondary applicants must meet the following conditions:
- They or their dependents have experienced family violence committed by the primary applicant.
- They were in Australia at the time of the application or entered the country subsequently.
- The primary applicant receives their visa or is refused for family violence-related reasons, such as failing character grounds under the Migration Act.
Special Provisions for Subclasses 186 and 187
Secondary applicants under these subclasses no longer need to be included in the primary applicant’s nomination at the time of decision. Additionally:
- Functional English requirements are waived for those meeting the family violence provisions.
- Secondary applicants may qualify for free merits review if the primary applicant’s visa is refused.
Expected Process
- Notify the Department of Home Affairs about the change in circumstances.
- Undergo a relationship assessment.
- Participate in a family violence assessment.
- Meet other requirements, such as providing police certificates and completing health checks.
Addressing "One Fails, All Fail"
This amendment ensures that all applicants, regardless of their family unit status, must independently meet public interest and return criteria at decision time. This reform is a significant step in offering equitable protection to secondary applicants.
Effective from 15 October 2024, these changes apply to all ongoing and future applications.
