In response to evolving domestic violence laws to better safeguard women from family or partner abuse, immigration laws are also being updated to extend protection to vulnerable groups, such as migrant women, where one in three report some form of domestic violence.
Women on temporary visas face disproportionately higher levels of abuse tied to their migration status, with threatening and controlling behaviour (coercive control) occurring in 91% of cases. These are the main findings from a survey of nearly 1,400 migrant and refugee women across Australia, the most comprehensive study of its kind.
Temporary visa holders also reported much higher patterns of migration-related abuse and threats (such as threats to be deported or separated from their children).
Queensland criminalised coercive control in March 2024, followed by NSW with the new Crimes Legislation Amendment (Coercive Control)Act 2022 making coercive control a crime from July 2024. All other states and territories have committed to changes. As a result, it is not necessary that there be physical violence to be protected under Australian laws.
What’s the Definition of Domestic and Family Violence?
Under regulation 1.21 of the Migration Regulations 1994, domestic and family violence is any conduct, whether actual or threatened, that makes you reasonably fear or feel apprehensive for your or your family’s safety and wellbeing and it may be directed at you, your family, pets or property.
Domestic and family violence can include physical violence, sexual assault, emotional abuse and controlling behaviour. There’s a more complete list of the types of family and domestic violence that is acknowledged by the Department of Home Affairs on its website.
Migration Laws are Changing to Better Protect People in Domestic or Family Violence Situations
The definition of domestic and family violence in Australia has recently been updated to include coercive control. At the same time, the Department of Home Affairs has introduced changes to migration law to further protect visa holders whose visa status depends on them being in a relationship.
The main purpose of the new domestic violence provisions in migration law is to provide pathways for certain permanent visa applications in circumstances where:
- the spouse or de facto partner relationship that is the basis for the visa applicant’s eligibility for a permanent visa has ceased; and
- the visa applicant claims that family violence has occurred.
What Domestic Family Violence Protections are now Available to Visa Holders?
Partner visa holder
Holders of a Partner visa (subclass 309, 820) or a Prospective Marriage visa (subclass 300) who were in a genuine and ongoing relationship with an Australian or permanent resident partner, and suffer domestic violence while in the relationship, are eligible to proceed with their partner visa application if they leave the relationship.
To access these provisions, visa holders will need to notify their change of address by submitting Form 929, and change of circumstances, that is, their relationship breakdown due to family violence by submitting form 1022.
Applicants will be required to submit evidence of the family violence which has occurred in the relationship, such as:
- Court order or injunction documents
- Medical or hospital report from a medical practitioner, registered nurse or midwife
- Police report by the visa applicant or a witness statement made to the police
- Report of a child welfare officer
- Report, risk assessment or statutory declaration of a family violence service provider or social worker
- Psychologist report
- Report of a family counsellor or educator
The relevant visa classes are:
- Onshore Partner Visa (subclass 820 / 801)
- Offshore Partner Visa (subclass 309/ 100), where the violence occurred after arrival in Australia
- Dependent Child Visa (subclass 445)
For further information about how the protections work for family violence provisions- partner visa applicants here and for secondary applicants here
Secondary Visa Holders
A secondary visa holder is anyone related to the primary holder of a skilled visa, such as the de facto partner, spouse or child.
The new provisions maintain that if you are experiencing domestic family violence perpetrated by the primary visa holder, you can notify the Department of Home Affairs, and you’ll be able to stay in Australia on your own visa without risk of visa cancellation rather than having to remain in an abusive relationship to protect your status.
The following skilled visas are included in the extension of provisions:
– Employer Nomination Scheme (subclass 186) Visa
– Regional Sponsored Migration Scheme (subclass 187) Visa
– Skilled Independent (subclass 189) Visa
– Skilled Nominated (subclass 190) Visa
– Permanent Residence (Skilled Regional) (subclass 191) Visa
– Global Talent (subclass 858) Visa
– Skilled Regional (subclass 887) Visa
The application process varies depending on the type of visa involved. If you need assistance navigating immigration laws and remaining or assisting someone to remain in the country without staying in an abusive relationship, please reach out to us today.
Tips for HR Departments
The National Employment Standards (NES) ensures all employees (including full-time, part-time and casual employees) can access 10 full days of paid family and domestic violence leave every year.
In addition employers can:
- Partner with an immigration specialist to advise on visa related matters and domestic violence concerns
- Update their domestic violence policy to provide support and education for visa holders
- Educate team leaders about the stresses moving countries can create in families. Show them how to support visa holders who are experiencing domestic violence.
What support is available?
The Migration Agency can advise HR, employers and visa holders on the family violence provisions and advise visa holders on the requirements for establishing eligibility under the family violence provisions. Call us on +61 2 8896 6056 or book a consultation here
Please note: If you or someone you know is in danger, call the police on 000. If you need information, support or counselling around family and sexual violence, call the National Domestic Service on 1800 RESPECT.