Australia’s left-wing Labor government has expanded “family violence” protections for would-be immigrants to secondary applicants in several permanent skilled visa classes, even if they cannot speak English or are currently living overseas.
The new rules, which came into effect on October 15, allow spouses, de facto partners or children of a primary applicant to be granted a visa if they, a member of their family or a dependent child has suffered domestic violence perpetrated by the primary applicant and are no longer in a relationship with them as a result.
The secondary applicant does not need to be in Australia as long as they were in the country when the visa application was made, and can be granted a visa if the primary applicant is successful themselves or rejected on family grounds, according to the Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024.
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The amendment also waives visa fees for secondary applicants who fail to demonstrate “functional English”.
Family violence includes physical, sexual, verbal or emotional, social, or financial abuse – or any conduct that makes a person fear for their or their family’s safety and wellbeing – and can be proven with judicial or non-judicial evidence.
“In situations where there has been family violence committed by the primary applicant against either their former partner or another member of the family unit (such as a child), the former partner may feel compelled to remain in a violent relationship for fear of losing their visa pathway,” Immigration Minister Tony Burke said in an explanatory statement.
“These Regulations allow for a former partner (secondary applicant) to make a claim of family violence and, if the partner or a member of the family unit are found to have experienced family violence committed by the primary applicant, they may be eligible to be granted the visa.
“The intention is that a secondary applicant should not feel compelled to stay in a violent relationship for a visa outcome.”
Migration agent Sensible Centre described the new rules as an “atrocious loophole” and a “rort waiting to be taken advantage of”.
“These changes mean that people who are either on temporary visas or not even in the country can effectively become permanent residents, simply by marrying someone and claiming they were the victim of domestic violence,” he said.
“I mean claiming because the burden of proof is particularly low. You just need letters from a social worker and a psychologist saying you felt in fear because they raised their voice, and I was prescribed antidepression meds, and wham, you’re going to get PR (permanent residence).
“To make matters worse, if the spouse has less than IELTS 4.5, that is, they can’t speak English, the government is waiving the $9,800 language fees. So we are granting PR to people with no ties, no English, no job prospects, and they will become life-long dole recipients.”
Header image: Immigration Minister Tony Burke at a multicultural event in Sydney (Facebook). The Noticer does not suggest those in the photograph are perpetrators or victims of family violence.
