Australia Lists Visa Holders Who Qualify for Permanent Residence After Family Violence
- Australia's Department of Home Affairs has outlined which temporary visa holders may be eligible to apply for permanent residence under family violence provisions
- The policy covers holders of Partner visas and Prospective Marriage visas who have experienced domestic or family violence during their relationship
- Dependent children of affected Partner visa holders may also qualify for a permanent visa under a separate but related provision
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Australia's federal government has set out the categories of temporary visa holders who may be able to obtain permanent residence if they have experienced family violence, in guidance published by the Department of Home Affairs.
Three groups of Partner and Prospective Marriage visa holders may be eligible to apply for a permanent visa under these provisions.
Source: UGC
Who qualifies under family violence provisions
1. The first group covers individuals who hold or have applied for a Temporary Partner (subclass 820) visa.
2. The second includes those who hold or have applied for a Provisional Partner (subclass 309) visa, provided they entered Australia after lodging that application.
3. The third group covers people who hold or previously held a Prospective Marriage (subclass 300) visa.
For Prospective Marriage (subclass 300) visa holders, the federal government requires the applicant to be physically present in Australia when applying. If that visa has since ceased, two additional conditions apply: the person must not currently hold a substantive visa, and they must have already applied for the Partner visa (subclasses 820 and 801).
Australia: Dependent children also covered
The provisions extend beyond the primary visa holder. Dependent children may also be eligible for a permanent visa if their parent holds a Partner visa and applied under the family violence provisions. The child must have also applied for the Dependent Child (subclass 445) visa to qualify.
The guidance makes clear that the provisions are designed to ensure that victims of domestic or family violence are not left in a vulnerable immigration situation simply because their relationship with a sponsoring partner has broken down as a result of abuse.
The full details of Australia's family violence provisions for visa holders are available on the Home Affairs immigration website.
In a similar report, Legit.ng published that Australia released a list of four types of parents eligible for sponsored parent visas.
Australia permanent protection visa: Conditions to qualify
Meanwhile, Legit.ng previously reported that Australia announced its Subclass 866 permanent Protection visa, including the nine conditions asylum seekers must meet to qualify.
Applicants must have arrived on a valid visa and been immigration cleared, while unauthorised maritime arrivals cannot apply. Who else is barred from lodging a valid application?
Source: Legit.ng
