Australia’s Migration Regulations have changed access to family violence provisions for secondary applicants in seven permanent 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)
- Global Talent (subclass 858)
- Skilled – Regional (subclass 887)
Inserting these family violence provisions means that a secondary applicant can be granted their visa, even if their relationship with the primary applicant has ceased, if:
- The secondary applicant, a member of their family unit, or a dependent child of either or both applicants has experienced family violence committed by the primary applicant;
- The secondary applicant was in Australia at the time the application was made or have entered Australia since that time;
- The primary applicant is granted their visa, or is refused their visa on grounds relating to family violence.
It also allows a secondary applicant whose family violence claim has been accepted by the Department, but who has their visa refused because the primary applicant’s visa was refused, to seek review of that decision and not pay a fee for the application for review.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.