Major Changes to Partner Visa Subclasses 300, 309, 820, and 801 Effective from 1 July 2024

Significant changes to Australia's Partner visa program, particularly affecting subclasses 300, 309, 820, and 801, have been announced. These amendments are aimed at improving access to visas for individuals experiencing relationship breakdowns, better aligning visa provisions, and modernising terminology. This comprehensive overview details the key changes and their implications for visa applicants.

Overview of the New Amendments

The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 introduces several notable modifications to the existing visa regulations:

1. Expanded Access to Relationship Cessation Provisions
2. Alignment of Visa Provisions
3. Modernised Language Relating to Family Violence

Expanded Access to Relationship Cessation Provisions

Previously, holders of the Prospective Marriage (Subclass 300) visa had limited access to the relationship cessation provisions. The new amendments significantly broaden these provisions:

• Child of Relationship Provision: Current and former Subclass 300 visa holders can now apply for a Partner (Subclass 820/801) visa even if they did not marry their sponsoring partner, provided they have a child with the sponsor.
• Removal of Onshore Decision Requirement: Applicants for the Partner (Subclass 309) visa can now have their visa granted under the relationship cessation provisions without the need to be in Australia at the time of the decision. However, to access the family violence provision, they must have entered Australia at least once after lodging their visa application.

Alignment of Visa Provisions

To simplify and harmonise the criteria across different partner visa subclasses, several changes have been made:

• Sponsorship Requirement: The requirement for ongoing sponsorship for Subclass 309 visa applicants is removed if they meet the relationship cessation provisions. This change aligns with the existing criteria for the Subclass 820/801 visa.
• Proof of Ties to Australia: The requirement for Subclass 820/801 visa applicants to demonstrate ties to Australia if their sponsor has died is removed, aligning this criterion with the Subclass 309/100 visa.
• Prospective Marriage (Subclass 300) Visa: The requirement for Subclass 300 visa holders to be outside Australia at the time of the visa decision is eliminated, bringing it in line with other partner visas.

Modernised Language Relating to Family Violence

The language used in the Migration Regulations is updated to reflect modern terminology and broaden the definition of family violence:

• Terminology: The term "suffered" family violence is replaced with "experienced" family violence.
• Expansion of Definition: Family violence is now recognised as occurring between prospective spouses, not just within married or de facto relationships. This change ensures that Subclass 300 visa holders can access the family violence provisions even if they have not married their sponsoring partner.

Detailed Breakdown of Changes

Part 1: Amendments Relating to Partner Relationships

1. Death of Sponsor Provision:
   • The requirement for a visa applicant to be in Australia at the time of the decision is removed.
   • The death of the sponsor no longer needs to occur after the grant of the Partner (Subclass 309) visa. It can happen at any point after the original visa application lodgement.
2. Family Violence Provision:
   • Subclass 309 visa holders can access this provision if they have entered Australia after lodging their visa application, without needing to be in Australia at the time of decision.
3. Child of Relationship Provision:
   • Subclass 309 visa holders no longer need to be in Australia at the time of decision to access this provision.

Part 2: Amendments Relating to Prospective Partners

1. Family Violence Provisions:
   • The amendments expand the period during which family violence must have occurred to include the period when the relationship existed between the alleged perpetrator and their prospective spouse.
2. Statutory Declarations:
   • Prospective Marriage (Subclass 300) visa holders can now provide statutory declarations regarding family violence claims, aligning with the provisions for spouses and de facto partners.

Part 3: Modernised Language Relating to Family Violence

1. Terminology Update:
   • All references to "suffered" family violence are replaced with "experienced" family violence.
2. Expanded Definition:
   • The definition of family violence now includes violence occurring between prospective spouses, allowing Subclass 300 visa holders to access the family violence provision.

Impact on Visa Applicants

These changes are designed to provide greater protection and flexibility for visa applicants, ensuring that those experiencing family violence or relationship breakdowns are not unduly disadvantaged. The amendments are consistent with the Australian Government’s commitment to ending family, domestic, and sexual violence, as outlined in the National Plan to End Violence Against Women and Children 2022-2032.

Conclusion

The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 mark a significant step forward in supporting individuals affected by relationship breakdowns and family violence. These changes provide greater access to visas, streamline the application process, and modernise the language used in the regulations. Visa applicants and stakeholders should familiarise themselves with these new provisions to fully understand their rights and opportunities under the updated visa framework.

Remember:

This post is for general informational purposes only and is not a substitute for professional immigration advice. Given the uniqueness of every case, engaging with a registered migration agent is highly recommended for bespoke guidance and to navigate the specific details of your situation effectively. Book a visa consultation with a Registered Migration Agent

Subscribe to our newsletter

Sign up to our weekly newsletter to get the latest news about all things visas & immigration.

Please enable JavaScript in your browser to complete this form.

Email *

Subscribe