Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 (the Amendment) amends the Migration Regulations to provide a permanent residency pathway for secondary applicants who are victims of family violence.
Up until now, partners and children who are included in a permanent visa application have been left with no options but to leave Australia or to apply for another visa if they wish to stay in Australia once their relationship ceases with the primary applicant, the perpetrator, as a result of family violence.
It has not been uncommon for migration law practitioners to feel frustrated and hopeless when they have to advise the teary victims that there is no other option for them to remain in Australia. It gets worse when a school age child is involved who was born in Australia.
However, these sad stories are no longer likely to be told in Australia thanks to the changes in the Amendment. If you have applied for the subclass visas listed below as a secondary applicant and you are currently in Australia, you may still be able to be granted your permanent residence visa.
- 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)
Please contact us if you wish to discuss further.
