Updates to Family Violence Provisions Under Migration Regulations Effective 1 July 2024
Since 1 July 2024, significant changes have been implemented in the Family Violence Provisions (FVPs) under the Migration Regulations 1994. These updates are part of the Government’s National Plan to End Violence Against Women and Children 2022-2032, aiming to provide better support to temporary visa holders experiencing domestic and family violence (DFV).
Legislative changes
Changes to the Migration Regulations 1994 will:
• Let Prospective Marriage (subclass 300) visa holders access Family Violence Provisions (FVPs) if their relationship ends due to domestic violence before marriage.
• Allow some Partner visa applicants outside Australia to access FVPs if they have been in Australia since applying.
• Make the rules for sponsor death, child of the relationship, and location the same for onshore and offshore Partner visas.
• Allow onshore grants of Prospective Marriage (subclass 300) visas.
• Update definitions and terms related to family violence.
System updates
Changes to the department’s online system:
Stage 1 – Partner or Prospective Marriage Visa (300, 309/100, 820/801) form updates:
• Subclass 300 holders/former holders can apply online if their relationship ends without marriage.
• Add “Child of relationship” to cessation options.
• Lower application fee for Subclass 300 holders/former holders who didn’t marry.
• Submit “Notification of relationship cessation” from a finalised Subclass 300 application in ImmiAccount.
• No sponsor details needed if the relationship has ended when completing the Stage 1 form.
Stage 2 – Permanent Partner Visa Assessment (100, 801) form updates:
• No sponsor details needed if the relationship has ended when completing the Stage 2 form.
• Applicants and agents should use ImmiAccount to notify about relationship endings or family violence, attach evidence, and help the Department sort applications with family violence claims. Subclass 300 holders and some former holders must submit an online Stage 1 (820/801) form for relationship ending provisions.
More information
• Eligibility and evidence requirements for FVPs are on the Department of Home Affairs’ website: Family Violence Provisions (homeaffairs.gov.au). The site will update on 1 July 2024.
• Legislative amendment details are on the Federal Register of Legislation:
• Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 – Legislative instrument
• Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 – Explanatory statement
Photo Credit to IARC Immigration Advice and Rights Centre
