The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 consists of amendments in three substantive parts which include amendments relating to existing or intended partners, amendments relating to prospective partners and amendments relating to family violence.
The instrument makes the following amendments:
Part 1- Amendments relating to existing or intending partners
- Removes the requirement for a Prospective Marriage (Subclass 309) visa applicant to continue to be sponsored at time of decision, where the relationship has ended in one of the relationship cessation provision circumstances (death of sponsor, child of relationship and family violence).
- Removes the requirement under Subclass 309 and Subclass 100 to be in Australia at time of decision to access the death of sponsor provision or the child of relationship provision. Applicants can now access these provisions even where they have not entered Australia at any time since lodgement of the visa application.
- Removes the requirement under Subclass 309 and Subclass 100 to be in Australia at time of decision to access the family violence provision and replaces it with a requirement to have entered Australia since lodgement of the visa application.
Part 2 – Amendments relating to prospective partners
- Prospective Marriage (Subclass 300) visa holders and certain former Subclass 300 visa holders can apply for and be granted a Partner (Subclass 820/801) visa under the relationship cessation provisions, where they did not marry their former sponsoring partner. (Former Subclass 300 holders, regardless of whether they married their sponsoring partner will not have access to the death of sponsor provision).
- Family violence provisions have been extended and can now be accessed by Subclass 300 visa holders and certain former Subclass 300 visa holders that did not marry their sponsor as the wording has been updated to include a prospective spouse
- Subclass 300 holders and certain former holders can apply for and be granted a Partner (Subclass 820/801) visa under the child of relationship provision.
- Prospective Marriage (Subclass 300) visa applicants will now be able to be granted this visa inside Australia. The Subclass 300 visa can now be granted onshore or offshore but must still be applied for offshore.
- Ensures review rights are maintained for Subclass 300 applicants and they are applicable to refusals made before, on or after 1 July 2024.
- Removes requirements for all Partner (Subclass 820/801) applicants to demonstrate ‘close business, cultural or personal ties’ to Australia where their sponsor has died.
Part 3 – Amendments to update language relating to family violence
- Replaces references throughout the Migration Regulations from persons having “suffered” family violence to “experienced” family violence.
This instrument commenced on 1 July. The amendments made by the instrument apply to a visa application lodged but not finally determined before 1 July and to visa applications lodged on or after 1 July 2024.
Should you have any questions regarding your partner visa, please don’t hesitate to contact our migration lawyers.
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