The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024, dated 20 June 2024, will commence on 1 July 2024.
These amended provisions were introduced to improve support for Partner Visa applicants who experience family violence. More specifically, these amendments have been made to improve and expand access to the provisions, better align the criteria for the provisions and location at time of decision requirements between onshore and offshore subclasses, and amend definitions and modernise terminology in relation to experiencing family violence.
The 'relationship cessation provisions' for Partner (Subclass 820/ 801) and Partner (Subclass 309/ 100) visas allowed for an application to be made and/or granted when the relationship between the applicant and sponsor has ended. This includes the death of sponsor provision, the child of relationship provision, and the family violence provision.
Expansion of Relationship Cessation Provisions
The amendment will expand access to the relationship cessation provisions. Previously, Prospective Marriage (Subclass 300) visa holders needed to marry their sponsoring partner to apply for a Subclass 820/ 801 visa under the relationship cessation provisions. Subclass 300 visa holders also did not have access to the child of relationship provision. The amendment provides current and certain former Subclass 300 visa holders access to the child of relationship provision, and also allows them to apply for a Subclass 820/ 801 visa under the relationship cessation provisions, even if they have not married the sponsor.
Modifications to Subclass 309 Visa Requirements
The amendment also removes the requirement for the applicant to be in Australia at the time of the Subclass 309 visa decision, where it is granted under the relationship cessation provisions. However, applicants must have entered Australia after the application was lodged for the purposes of accessing the family violence provision.
Simplification and Alignment of Criteria Across the Partner Visa Program
Minor changes were made to improve alignment across the Partner Visa program by simplifying the criteria and making them easier to access. The requirement for an applicant for a Subclass 309 visa to be sponsored has been removed, where the applicant meets the criteria to be granted the visa under the relationship cessation provisions, in line with Subclass 820/ 801 visa provisions. The requirement for an 820/ 801 visa applicant under the death of sponsor provision to prove they have developed ties to Australia has also been removed, in line with Subclass 309/ 100 visa provisions. The amendment also removed the requirement for an applicant for a Subclass 300 visa to be in Australia at the time of the decision, which is in line with other visas in the Partner Visa program.
Modernization of Terminology and Definitions
The language of the Migration Regulations 1994 was amended to bring it in line with modern terminology. Examples include substituting 'suffered' to 'experienced' when referring to family violence, and amending the definition of family violence from occurring within a married or de facto relationship, to also potentially occurring between prospective spouses. The expansion of the definition allows Subclass 300 visa applicants to access the family violence provisions that are part of the Subclass 820/ 801 visa.
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