If you’re considering applying for a partner or prospective partner visa in Australia, it’s essential to be aware of the recent updates to the regulations that could impact your application. The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 brings several key changes to the partner visa framework, making it more supportive and flexible for applicants facing changes in their relationships or experiencing family violence. Here’s a breakdown of what these changes mean for you.
Updates for Current or Intending Partner Visa Applicants
The new regulations simplify some of the previous requirements for partner visa applications:
– Flexibility in Difficult Times: If you’ve applied for a Prospective Marriage (subclass 300) visa and your relationship ends due to the death of your sponsor, the birth of a child, or family violence, you no longer need to be sponsored at the time the decision on your visa is made. This change is designed to reduce the stress in already challenging circumstances.
– Location Flexibility: You no longer need to be in Australia when your visa decision is made under certain conditions, such as the death of your sponsor or having a child from the relationship. This means you can manage your application more freely without worrying about where you are located.
– Easier Access to Family Violence Provisions: If you’re applying under the family violence provisions, you now only need to have entered Australia since lodging your visa application, rather than being in the country at the time of the decision.
Changes for Prospective Partners
These updates are particularly relevant if you hold or have held a Prospective Marriage visa:
– More Paths to Partner Visas: Even if you did not marry your former sponsoring partner, you can now apply for a Partner Visa (subclass 820/801) under the relationship cessation provisions. This adjustment provides an alternative pathway if your initial plans to marry have changed.
– Onshore Application Possibility: It’s now possible to be granted a Prospective Marriage visa while you are in Australia, although you must still apply from outside the country. This offers more flexibility in planning your move to Australia.
Improved Language/Terminology in Family Violence Situations
The amendments also include a change in terminology from “suffered” to “experienced” regarding family violence. This adjustment aims to better respect and accurately reflect the experiences of individuals affected by such circumstances.
These changes, effective from 1 July 2024, apply to both ongoing and new visa applications. They are designed to provide more robust support for visa applicants during personal and often difficult times.
How Heenan & Browne Visa Migration Services Can Help
Understanding these new regulations can be complex, especially if you are not familiar with migration law. Being up to date with these changes can help you navigate your visa application process more effectively and with greater peace of mind. Whether you’re applying for a visa due to marriage plans or facing unforeseen changes in your relationship, it’s important to stay informed about how these laws can help protect and support you during your migration journey to Australia. To ensure you have the best possible advice and support, consider booking an appointment with Heenan & Browne Visa Migration Services. Our team of experts migration agents in Canberra, Brisbane, Sydney, Melbourne, Cairns and across Australia is well-versed in the latest changes and can provide you with tailored advice to navigate your partner or Prospective visa application effectively. We’re here to help you understand how these changes may affect your specific situation and guide you through every step of the process.