AR LAW SERVICES: Master Migration & Litigation Lawyers is a leading “full service” Australian immigration law firm based in Melbourne, but with offices through out Australia and the world: we is passionate about helping win visas for our clients. We represent both businesses & individuals – offering visa services for students, workers, partners, visitors to name a few. So whether you want to study, work, reunite or explore business opportunities in Australia, AR LAW SERVICES: Master Migration & Litigation Lawyers may be the solution to your migration problems. AR LAW SERVICES: Master Migration Lawyers – Superior Advice: Intelligent Solutions.
Family violence & visas – Best and most ethical migration advice
For more than 25 years AR LAW SERVICES: Master Migration Lawyers have been winning student visa cases and difficult visa Cancellation case – at department level and at Appeal – (Tribunal and Federal Courts), like this recent case:
The world of a client had unravelled, not only did they have to contend with significant Family Violence (Police & Courts) and the breakdown of a marriage but the finial cruelty was their visa was put in jeopardy when the sponsorship was withdrawn.
Fortunately the client was referred to us, having been poorly represented by first a lawyer who knew little about migration law then by a migration agent who knew little about family law. That is the true advantage or benefit of retaining AR LAW SERVICES: Master Migration & Litigation Lawyers because we have a Master of Family Law lawyer on staff in addition to over 25 years experience in winning difficult cases.
AR LAW SERVICES: Master Migration & Litigation Lawyers work closely with a team of psychologist and social workers to secure your the correct and preferable determination.
And that is exactly what happen in this case – and now the client can begin to build their Australian life
From the 15 October 2024, the Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 introduces critical protections for secondary applicants in various permanent Skilled visa subclasses who experience family violence. This regulation amends the Migration Regulations to include family violence provisions for several visa subclasses, empowering individuals in these situations to secure their visa independently of their relationship with the primary visa applicant.
Key Visa Subclasses Affected:
- Employer Nomination Scheme (Subclass 186)
- Regional Sponsored Migration Scheme (Subclass 187)
- Skilled — Independent (Subclass 189)
- Skilled — Nominated (Subclass 190)
- Permanent Residence (Skilled Regional) (Subclass 191)
- Global Talent (Subclass 858)
- Skilled – Regional (Subclass 887)
Key Provisions for Family Violence Protection:
The new regulations allow a secondary applicant, who has experienced family violence perpetrated by the primary visa holder, to be granted a visa under certain conditions:
- The secondary applicant, a member of their family, or a dependent child has experienced family violence.
- The secondary applicant was either in Australia when the visa application was made or has since entered Australia.
- The primary visa holder’s visa is granted or refused due to conduct related to family violence.
Additionally, secondary applicants no longer need to remain a member of the family unit for visa finalisation based on family violence grounds. This also includes waivers for secondary applicants from certain nomination requirements.
Fee Waivers and Merit Review:
The amendment provides fee waivers for secondary applicants seeking a review if their visa is refused due to the refusal of the primary applicant’s visa. If the refusal stems from reasons unrelated to the primary applicant’s status, standard fees for merits review will still apply.
Impact on Visa Conditions:
The regulations adjust the “one fails, all fail” criteria, allowing secondary applicants to retain their eligibility for the visa if they meet public interest and special return criteria, even if no longer part of the primary visa applicant’s family unit.
Health Criteria Amendments:
An additional change, effective 16 October 2024, amends Public Interest Criteria 4005 and 4007 to exempt minor visa applicants born and ordinarily residing in Australia from certain health requirements if they would impose significant costs on the Australian community.
These important updates expand the protection framework for those experiencing family violence within skilled visa pathways, ensuring secondary applicants can pursue independent visa status.
For more details and eligibility information, refer to the Department of Home Affairs website.
Other Family Violence Cases won.
Refugee – Appeal Justice – Family Violence – Best & reliable immigration law advice. We win difficult cases
A woman – a well educated, accomplished and articulate woman – approach AR LAW SERVICES: Master Migration Lawyers after years of abuse – sexual, emotional and financial abuse – at the hands of her husband. The couple had two children. Much of the abuse was fuelled by alcohol.
The client recounted many harrowing incidents that lead to her hospitalization on more than one occasion, but the most poignant events where those in which she would attempt to shield her children from their fathers black rage. The injustice and betrayal of trust by this truly despicable miscreant. How could a father be so unmanly?
And the last act of villainy by this depraved wretch was to disavowal her from the family visa that would lead to Australia citizenship.
In desperation the woman approached a migration agent. The agent applied for a protection visa, but as often happens the application filed by the migration agent was, to put it generously, utter garbage, and the visa was refused.
After several other migration agents and immigration law firms the client fortunately found AR LAW SERVICES: Master Migration Lawyers. And not a moment to soon for a hearing was scheduled at the AAT the next week. We were successful in seeking an urgent adjournment.
The case was a mess – there had been no formal complaint to the sexual assault unit and no submission that set out the grounds of family violence.
AR LAW SERVICES: Master Migration Lawyers has a team of medical professionals that we have worked closely with for the last 25 years. It is this sort of experience that few law firms other than us can provide.
As can be seen below we eventually won the case and are happy to report the matter has been remitted.
Refugee – Protection visa – Big win for Justice – Administrative Appeals Tribunal – AAT
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Resolution of Status Visa – Pathway towards permanent residency for Temporary Protection Visa holders (subclass 785) and Safe Haven Enterprise Visa holders (subclass 790)
As noted by the Victorian Immigration Solicitors’ Alliance: VISA corporate sponsor CMT : The Department of Home Affairs has announced that the Australian Government has made a decision to provide a pathway towards permanent residency for Temporary Protection Visa holders (subclass 785) and Safe Haven Enterprise Visa holders (subclass 790).
Individuals under these visa subclasses that meet the requirements can now apply for a Resolution of Status Visa (subclass 851) from 14 February 2023 onwards.
Individuals that have submitted their 785 and 790 visa applications prior to 14 February 2023 and are still awaiting a decision from the Department of Home Affairs will have their application automatically converted to Resolution of Status Visa (subclass 851).
The concept of temporary protection visa (subclass 785) and safe haven enterprise visa (subclass 790) is to provide assistance to refugees that were found in threat in their home countries claiming protection in Australia.
Subclass 851 visa was created to support individuals who met the requirements to be a refugee as set under the Migration Act 1958. By holding this visa, individuals can work, live, travel, study, have access to welfare and Medicare systems in Australia.
The idea is that individuals under this visa could settle and contribute to the Australian society and economy by having the same rights and entitlements as the other permanent residents visa holders.
The general Requirements for Resolution of Status Visa (subclass 851) from 14 February 2023 are:
Hold a Temporary Protection visa (subclass 785) and you first arrival in Australia was before 14 February 2023
Hold a Safe Haven Enterprise visa (subclass 790) and you first arrival in Australia before 14 February 2023
Have applied for Temporary Protection visa (subclass 785) or Safe Haven Enterprise visa (subclass 790) before 14 February 2023 and are still waiting the decision outcome from the Department of Home Affairs;
Meet health and character requirements;
Meet security requirements;
Individuals must not be barred from applying due to a previous visa refusal or cancellation.
There are no Government Fees applied to the Resolution of Status Visa (subclass 851).
If you or some one you know feels they did not get what they paid for – feel cheated – talk to us
If you or some one you know feels they did not get what they paid for – feel cheated – talk to us
If you or some one you know feels they did not get what they paid for – feel cheated – talk to us
