Australian Partner Visa Rules Revamped: What You Need to Know from July 1, 2024
Neetu Sharma
in Australia Immigration News, Australian Migration Strategy & Policy, Partner Visa/ Family Visa
The Australian government has introduced significant changes to the Migration Regulations 1994, effective July 1, 2024, through the Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024. These amendments aim to better support and protect partner visa applicants experiencing family violence.
Expanded Eligibility and Support
Sponsorship No Longer Required: Subclass 309 visa applicants no longer need sponsorship if the relationship ends due to the death of the sponsor, having a child from the relationship, or family violence.
Relaxed Location Requirements: Subclass 309 and 100 visa holders can now use provisions related to the death of a sponsor or having a child from the relationship without needing to be in Australia at the decision time, provided they have entered Australia since lodging their application.
Family Violence Provisions: Broadened to include Prospective Marriage (Subclass 300) visa holders and specific former holders who did not marry their sponsor.
Prospective Partner Considerations
Prospective Marriage (Subclass 300) Visa Holders:
Holders of this visa can now apply for a Partner (Subclass 820/801) visa under relationship cessation provisions even if they did not marry their sponsoring partner. Former Subclass 300 visa holders can apply under the child of the relationship provisions, regardless of their marriage status.
Onshore Grant of Subclass 300 Visa:
Applicants can now be granted the Prospective Marriage (Subclass 300) visa while inside Australia, although the application must still be lodged offshore.
Review Rights:
Review rights are maintained for Subclass 300 applicants, applicable to refusals made before, on, or after July 1, 2024.
Removal of Close Ties Requirement:
Applicants for Partner (Subclass 820/801) visas no longer need to demonstrate close business, cultural, or personal ties to Australia if their sponsor has passed away.
Language Updates on Family Violence
Language Update:
The term βsufferedβ family violence has been updated to βexperiencedβ family violence throughout the Migration Regulations, reflecting a more modern and sensitive approach to the issue.
The new regulations apply to both new and existing applications that have not yet been finalized.. These amendments provide greater flexibility, support, and clearer pathways for partner visa applicants experiencing family violence in Australia, enabling them to achieve permanent residency and build a secure life.
Source:
Federal Register of Legislation, Australian Government
