Family Violence Provisions

Overview

Prior to 15 October 2024, family violence provisions only applied to applicants for:

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

Family visas

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.