The Migration Amendment （Family Violence Provisions for Partner Visa Applicants） Regulations 2024 introduces significant changes aimed at improving protections for partner visa applicants who experience family violence.
The amendments are divided into three substantive parts: amendments relating to existing or intended partners, amendments relating to prospective partners, and updates to language regarding family violence. These changes will be effective from 1 July 2024 and apply to visa applications lodged before, on, or after this date.
Part 1 – Amendments Relating to Existing or Intending Partners
1. Prospective Marriage （Subclass 309） Visa:
Removes the requirement for applicants to continue being sponsored at the time of
decision if the relationship has ended due to:
● Death of the sponsor
● Child of the relationship
● Family violence
2. Subclass 309 and Subclass 100 Visas:
Removes the requirement for applicants to be in Australia at the time of decision to
access:
● Death of sponsor provision
● Child of relationship provision
● Applicants can now access these provisions even if they have not entered Australia
since lodging their visa application.
3. Family Violence Provision:
● Removes the requirement for applicants to be in Australia at the time of decision
and replaces it with the requirement to have entered Australia at least once since
lodging their visa application.
Part 2 – Amendments Relating to Prospective Partners
1. Prospective Marriage (Subclass 300) Visa Holders:
● Current and certain former Subclass 300 visa holders can apply for and be granted
a Partner (Subclass 820/801) visa under the relationship cessation provisions if
they did not marry their former sponsoring partner.
● Family violence provisions are extended to include Subclass 300 visa holders and
certain former holders, allowing them to access these provisions even if they did
not marry their sponsor.
● Subclass 300 visa holders and certain former holders can also apply for and be
granted a Partner (Subclass 820/801) visa under the child of relationship provision.
● Subclass 300 visa applicants can now be granted this visa inside Australia, although
it must still be applied for offshore.
2. Review Rights:
● Ensures review rights are maintained for Subclass 300 applicants, applicable to
refusals made before, on, or after 1 July 2024.
3. Requirement Removal:
● Removes the requirement for all Partner (Subclass 820/801) applicants to
demonstrate ‘close business, cultural or personal ties’ to Australia if their
sponsor has died.
Part 3 – Amendments to Update Language Relating to Family Violence
1. Language Update:
● Replaces references in the Migration Regulations from “suffered” family violence to
“experienced” family violence to better reflect the nature of the impact.
These amendments represent a progressive step towards supporting partner visa applicants who experience family violence, providing them with greater flexibility and support throughout their visa application process.
The instrument will come into effect on 1 July 2024.
