Offshore partner visa applicants can now access family violence provisions or other pathways to continue to receive their permanent residency even if their relationship breaks down.
Migration Amendment (Subclass 100 and Subclass 309 Visas) Regulations 2022 makes amendments to allow certain offshore partner visa applicants to continue to be granted their visas in Australia under the COVID-19 concessions even if their relationship breaks down.
Under what circumstances can their visa be granted?
- If the sponsor has died; or
- If either the applicant or a member of the family unit has suffered domestic and family violence; or
- If the applicant and sponsor share custody, formal maintenance obligations or access rights to at least one child
Even if your relationship breaks down, you can still be granted both the subclass 309 and subclass 100 visa.
What are the benefits?
Previously, family violence provisions (and the other pathways) were only available to onshore partner visa applicants and subclass 309 visa holders.
This means they must have been granted the subclass 309 visa outside of Australia then entered Australia as a subclass 309 visa holder before they could continue to be granted with a permanent partner visa (subclass 100) even if their relationship breaks down. If their relationship ceases before the subclass 309 visa is granted or before they enter Australia then they lose their entitlement to the permanent visa.
Current provisions ensures that applicants granted the subclass 309 visa in Australia during the COVID-19 concessions would still be able to access a pathway to permanent residence even if their relationship breaks down.
At Brightstone Migration, we take all applications seriously. If you have suffered from family violence or if your relationship has broken down for other reasons, please contact us to see how we can assist you.
Book in a consultation with one of our lawyers today to find out more. BOOK A CONSULTATION
This article was prepared and written by our immigration lawyer team at Brightstone Migration and reviewed by one of our Partner Lawyers and the Head of Immigration. It aims to provide professional insights and commentary. The content is for reference only and does not constitute specific legal advice.
Last updated: 06/09/2022
