New eligibility criteria for visas under family violence provisions of the Migration Act commenced on 17 December 2024.
The provisions are intended to prevent secondary visa applicants from feeling compelled to remain in a violent relationship with the primary applicant for fear of an adverse visa outcome.
Violent behaviour can include physical abuse, sexual abuse, verbal or emotional abuse, social abuse, and financial abuse.
Eligibility for family violence visas
A secondary applicant must satisfy the primary criteria of being a member of a family unit at the time of being granted a visa.
A member of a family unit is a spouse or de facto partner, or a child or step-child of the primary visa applicant. A person over the age of 18 is deemed to be a child if they have not turned 23, and are dependent on the family head or the spouse or de facto partner of the family head. If they are over 23, they are still a member of the family unit if they are dependent due to a disability. A dependent grandchild or step-grandchild of the primary applicant is also a member of a family unit.
Without the family violence provisions, a secondary visa applicant whose relationship with the primary visa applicant has broken down would no longer be a member of a family unit and would not satisfy the primary criteria to be granted a visa.
However, a secondary visa applicant who ceases to be a member of a family unit as a result of family violence perpetrated against them by the primary visa applicant can still apply for a visa under the family violence provisions.
See the Types of domestic and family violence page of the Department of Home Affairs for further details.
Evidence
A secondary visa applicant who claims family violence must provide evidence to the Department of Home Affairs about the primary applicant’s violent conduct towards them, and their prior relationship status. Evidence of family violence can include medical reports, police statements, court orders, convictions and a statutory declaration for a family violence claim. See the Family violence provisions – Secondary applicants page of the Department of Home Affairs for further information.
The family violence provisions have been expanded to include several new visa subclasses previously not covered:
- Parent (Subclass 103);
- Remaining Relative (Subclass 115);
- Carer (Subclass 116);
- Business Talent (Subclass 132);
- Contributory Parent (Subclass 143);
- Pacific Engagement (Subclass 192);
- Aged Parent (Subclass 804);
- Remaining Relative (Subclass 835);
- Carer (Subclass 836);
- Contributory Aged Parent (Subclass 864); and
- Business Innovation and Investment (Subclass 888).
Publication updates
The By Lawyers Immigration publication has been updated to include the new visa types.