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
Need to consult with us? Book an appointment today.
Our team will give you expert advice that has been specifically tailored to your case.
Successful Cases
Domestic Violence: Passed character requirements/VACCU
31/08/2023
Visa granted to a dependent above 26 years old
17/08/2023
Schedule 3 requirement and family violence in partner visa
22/06/2023
Overstayed visa for 1.5 years
25/11/2022
Appeal won: student visa refusal based on GTE requirements
24/11/2022
Schedule 3 requirement avoided and partner visa granted
04/11/2022Related news
Visa cancelled due to sexual crime
Victory Over Citizenship Cancellation: good character
ANNOUNCEMENT: Closure of COVID visa (subclass 408)
How we will help
Free Assessment
Fill in the questionnaire here and we will call you for an obligation-free assessment. During this phone call we will run through your initial concerns and needs and book in a time for a more detailed consultation.
Consultation
Our consultation session runs for 30 minutes which will allow us to present to you a detailed strategy to meet the concerns and needs you presented to us in our initial phone call.
Our fee is $150 + GST for a 30 minute session. You can book in a consultation by calling us, emailing us or filling in the Contact Us form.
Settling the strategy and getting started
At the consultation, we will generally present to you a few selections of the best strategies.
We will also balance the time required, costs and difficulty so that you can choose the strategy you are most comfortable with.
Then we will handle everything on your behalf.