In a bid to tackle family violence, the Australian government has introduced a new requirement for those sponsoring their spouses for a partner visa.
The Migration Amendment (Family Violence and Other Measures) Bill 2016 was passed by the Senate on Wednesday making it harder for people with a history of domestic violence to sponsor a partner visa.
Under the changed law, the sponsors will be scrutinised before visas are issued.
Under existing rules, full character checks are a mandatory requirement for all visa applicants but sponsors are only required to provide police checks where a minor is included in the application.
The changes also ensure visa applicants are aware if their sponsor has a history of violence.
The changes extend the grounds to refuse a visa for people with a violent criminal history.
The legislation is primarily aimed at protecting vulnerable visa holders from family violence, such as women and children.
The amended bill says the new provision will ‘improve the management of family violence in the delivery of the program by allowing the refusal of a sponsorship application; and cancellation and/or barring of a family sponsor where inappropriate use of the program or serious offences are detected – especially those involving family violence.’
At the time, when the amendment to the bill was introduced in the parliament in 2016, Immigration Minister Peter Dutton said it was a “significant step” in protecting potentially vulnerable visa applicants from the risk of domestic violence.
“The measures being introduced in this Bill build on the work being done across all areas of government to reduce the incidence of domestic violence in our community and support the National Plan to Reduce Violence against Women and their Children,’’ Mr Dutton said before the bill was reintroduced in the House of Representatives.
Two-part lodgement process for partner visas to come into effect in 2021-2022. Source: Getty Images
Partner visa holders do not have to remain in an abusive relationship to stay in Australia
For those on temporary visas who have suffered domestic violence by their partners or have been in an abusive relationship, Australia provides them with a provision to apply for a permanent visa even after their relationship has broken down with their Australian spouse or de-facto partner due to violence in the relationship.
The Department of Social Services clearly states, “If you hold a temporary Partner visa (subclass 300, 309 or 820) and experience family violence and your relationship ends, there are provisions in Australia’s migration laws to allow you to continue with your permanent Partner visa (subclass 100 or 801) application.”
Department of Home Affairs states, “You and your family don't have to stay in a violent relationship to stay in Australia. You might still be able to be granted a visa if you have married your spouse while on a Prospective Marriage visa (subclass 300) and applied for a Partner visa, or you have been granted a temporary Partner visa, you or your family members have experienced family violence and your relationship has ended.”
If you or someone you know is in danger call the police on 000.
For free, confidential counselling and information call 1800 RESPECT on 1800 737 732. If you need a free interpreter call 131 450.
