In October 2024, the Australian government took a significant step toward supporting skilled visa applicants affected by family violence. This change represents a meaningful shift in Australia’s immigration system, putting the safety and well-being of all visa applicants first.
The Issue
Under migration law, visa applicants are generally categorized as either primary applicants (who must meet the main visa requirements) or secondary applicants (spouses, de-facto partners, or dependent children of the primary applicant).
If a relationship ends between the primary and secondary applicant, the secondary applicant is no longer a part of the "family unit." Thus, the secondary applicant loses eligibility for the visa. This poses a risk of visa refusal for secondary applicants experiencing family violence, often compelling them to remain in unsafe relationships. Before October 2024, the only exceptions were the Partner visas (subclasses 820/801 and 309/100) and the Global Talent visa (subclass 858). Family violence protections embedded in these visas mean that secondary applicants could still be granted their visas if their relationship with the primary applicant ended due to abuse. However, these protections did not cover other visas.
The Change
The new Migration Amendment expands these critical protections to include more visas. Now, secondary applicants for some Skilled visas who experience family violence can be granted their visas even if their relationship with the main applicant ends due to abuse.
The amendment expands family violence protections to include the following skilled visa subclasses:
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)
Skilled – Regional (Subclass 887)
Global Talent (Subclass 858)
The amendment offers secondary applicants for these visas the possibility of being granted their visa, even if their relationship with the primary applicant has ceased. They would need to meet the following key requirements to access the family violence provisions:
They or a dependent have experienced family violence by the primary applicant, and
They were in Australia when the visa application was lodged, or have entered Australia since lodgement.
The primary applicant is granted their visa, or is refused their visa on grounds relating to family violence.
Victims of abuse who wish to access the family violence provisions must notify the Department. They will need to demonstrate that their relationship was genuine and ongoing before it ended. They must also provide evidence of the abuse. It can be in the form of court, police, medical, and certain other documents.
Broad Coverage
Family violence in this amendment does not only refer to violence directed at secondary applicants. It can also violence toward children or other members of the family unit who are not applicants themselves. This flexibility acknowledges various forms of abuse and its impacts on family dynamics.
Family violence does not only mean physical and sexual abuse. It also includes verbal, emotional, social, and financial abuse.
Implications for Applicants
Reduction in Dependence on the Primary Applicant: Secondary applicants affected by family violence now have clearer pathways to secure their own visa, reducing dependence on potentially abusive primary applicants for immigration outcomes.
Financial Relief: The amendment waives the additional charge for secondary applicants who cannot provide evidence of having functional English proficiency, if they are covered under family violence provisions. This alleviates financial pressure on victims who might already face economic hardship.
Merits Review Rights: If the primary applicant’s visa is refused but the secondary applicant has an accepted family violence claim, they can apply for a merits review (appeal) without paying additional fees.
Broader Social Implications
The new provisions align with Australia’s National Plan to End Violence Against Women and Children (2022-2032), reinforcing the government’s commitment to safeguarding migrants from family and domestic violence. By expanding family violence protections to more visas, the amendment recognises that all migrants (including their children) should be safe and free from violence. The amendment signals a shift toward more inclusive immigration policies that prioritize the well-being and safety of all visa applicants, not just primary applicants.
For more information please Contact Us or email elan@ryshermigration.com.au
Elan Rysher is a Registered Migration Agent and Qualified Student Counsellor. He is the main Writer for ImmiUpdates and the founder of Rysher Migration. Being a former migrant himself, Elan is passionate about helping others fulfil their Australian dream.
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