Empowering Safety: Family Violence Protections Now Cover Skilled Visa Holders
Migration Affairs
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Australia has taken a decisive step in supporting individuals trapped in abusive relationships by expanding its Family Violence Provisions to include skilled visa holders and their dependents. This significant change ensures that family members of primary visa holders—including spouses and children—can continue their stay in Australia without fear of visa cancellation if they experience domestic violence.
New Protections for Skilled Visa Families ??
Previously, the Family Violence Provisions applied mainly to Partner visa holders, offering survivors of family violence the ability to proceed with visa applications independently if their relationship ended due to abuse.
This change reflects Australia’s commitment to ending domestic violence and safeguarding vulnerable migrants. Secondary applicants no longer need to fear losing their legal right to stay in Australia if their relationship with the primary visa holder breaks down due to abuse.
Visa Subclasses Affected by This Amendment ??
The new changes extend the Family Violence Provisions to several skilled visa subclasses, broadening their protective coverage beyond just Partner visas. If you are a secondary applicant to one of the following visa subclasses, it is required that the perpetrator is the primary applicant for the skilled permanent visa.
The visa subclasses in effect are as follows:
Secondary applicants (e.g., spouses or children) on these visas can still be granted the visa even in the event where the relationship with the primary applicant has broken down. This ensures that dependency on the perpetrator for visa status is significantly diminished.
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Protecting Against Immigration Control by Abusers ??
The amendments prevent abusers from manipulating immigration status as a form of control, with only immigration officials having the authority to cancel or refuse visas. Secondary applicants are encouraged to update their visa records securely using independent ImmiAccounts to protect their personal information.
If family violence occurs, dependants can now notify the Department of Home Affairs without risking their visa status. This process ensures that no one must remain in an unsafe relationship just to preserve their legal stay.
Access to Support and Legal Assistance ??
Temporary visa holders experiencing family violence have access to specialist services, including the Australian Red Cross financial assistance programme. Victims are also encouraged to seek help from legal professionals and migration agents who specialise in family violence cases.
A New Era for Migration Policy in Australia ??
The extension of Family Violence Provisions to skilled visas marks a milestone in Australian migration policy, promoting dignity, safety, and human rights. These changes empower survivors with the legal means to pursue a safer future while continuing their lives in Australia.
For detailed guidance on these changes, book a consultation with Migration Affairs here to understand how these changes may help you.
Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.