Australia has been a popular destination among immigrants for several reasons. It is not just a place for students or skilled immigrants. Among several other visa options, the partner visa has become one of the best options for immigrants. However, Australia has recently made changes to the terms and conditions of the partner visa. These rules are meant to ease the process for those facing difficulties or situations like family violence.
The Changes in partner visa rules were introduced on July 1, 2024. These changes were made in the Migration Regulations 1994 through the Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024. One of the fundamental changes is that some applicants no longer need a sponsor if their relationship ends due to certain reasons. Another change allows applicants to use specific provisions even if they are not in Australia at the time of the decision, as long as they have entered Australia since applying.
The Australian government has made several other changes to improve the partner visa. If you have further queries, you can contact the Partner Visa Agent in Australia. You must read this article completely to learn about all the major changes that have been announced. Let's look into all the changes one by one.
What are the new rules for partner visas in Australia?
The significant rules that have been announced in Partner Visa are as follows:
Increased Eligibility and Assistance
Subclass 309 visa applicants no longer need to obtain sponsorship if their relationship terminates as a result of family violence, the sponsor's passing, or the birth of a child from the relationship.
Suppose a subclass 309 or 100 visa holder has entered Australia after submitting their application. In that case, they are now able to use provisions about the death of a sponsor or having a child from the relationship without having to be in Australia at the time of the decision.
The provisions about family violence have been expanded to encompass holders of prospective marriage (Subclass 300) visas and certain past holders who did not wed their sponsor.
Prospective Partner Considerations
Holders of Subclass 300 visa can now apply for a Subclass 820/801 visa even if they did not marry their sponsoring partner, under relationship cessation provisions. Former Subclass 300 visa holders can apply under the child of the relationship provisions, regardless of their marriage status. Applicants can now be granted the Prospective Marriage (Subclass 300) visa inside Australia, although the application must still be lodged offshore.
Additionally, Subclass 300 applicants retain their Review rights, which apply to rejections made before, on, or on July 1, 2024. If their sponsor has gone away, applicants for Partner (Subclass 820/801) visas are no longer required to show that they have strong personal, professional, or cultural ties to Australia.
Language Updates on Family Violence
The term “suffered” family violence has been updated to “experienced” family violence throughout the Migration Regulations, reflecting a more modern and sensitive approach to the issue.
The new regulations apply to new and existing applications that still need finalisation. 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.
Conclusion
This article summarises all the significant changes to the partner visa in Australia. Remember these points before applying for a partner visa in Australia. They will help you avoid any errors that might occur during your application.
If you are still sceptical about filling out your application, you can get help from our visa counsellors. The Migration has some of Australia's best partner visa agents who can make the process easier and smoother for you.
