Migration Amendment (Subclass 100 and 309 Visas) Regulations 2022 dated 18 August amends the Migration Regulations 1994 to enable access to certain ‘relationship cessation provisions’ for Partner (subclass 309) visa applicants and holders whose visas have been granted in Australia during the COVID-19 concession period.
Prior to the Regulations, subclass 309 visa holders who first entered Australia as a holder of a subclass 309 visa were only eligible to access these ‘relationship cessation provisions’ to enable grant of their permanent subclass 100 visa. Therefore, subclass 309 visa holders whose visas had been granted in Australia during the COVID-19 concession period were not eligible to access the ‘relationship cessation provisions’.
The Regulations ensures that applicants who are granted a subclass 309 visa in Australia under the COVID-19 concession, and who satisfy the Minister that they were the spouse or de facto partner of their sponsoring partner, continue to be eligible for the grant of subclass 100 visa in the following circumstances:
1. The applicant’s sponsor has died or
2. The applicant or a member of the family unit has suffered domestic and family
violence (DFV) committed by the sponsoring partner or/and
3. The applicant and sponsor share custody, formal maintenance obligations or access
rights to at least one child.
The Instrument is registered on the Federal Register of Legislation on 19 August 2022 and
commenced on 20 August 2022. It is currently in force.
To access the Instrument, click here.
