Visa Policy Shortfall for Family-Sponsored Applicants

Sarah, a young woman who moved to Australia from overseas, applied for a family-sponsored visa eight years ago to remain in the country. She is currently on a bridging visa, which grants limited work rights, restricting her to 40 hours per fortnight, and excludes access to Centrelink benefits.

Sarah's father, a permanent Australian resident, is her sponsor. She reports experiencing physical abuse from her father, leading to a domestic violence order (DVO) being issued against him.

Lack of Family Violence Provisions

Legal advice indicates that Australia's family visa category, under which Sarah applied, lacks specific family violence provisions. This contrasts with other Australian visas, such as partner visas and skilled visas, where protections allow applicants experiencing family violence to pursue a permanent visa even if the sponsoring relationship ends.

Sue Merrotsy, a lawyer from North Queensland Women's Legal Service, highlighted this gap, noting that applicants sponsored by a relative perpetrating abuse have no recourse through family violence provisions.

Merrotsy emphasized the vulnerability of these applicants, who often face lengthy processing times (15 to 30 years), limited work rights, and financial dependency on their sponsors for decades.

Calls for Policy Change

Legal advocates have been pushing for the Australian government to introduce a dedicated domestic violence visa. Such a visa could provide a short-term solution (six months to a year) for temporary visa holders with DVOs, allowing them time to re-evaluate their situation.

Sarah's family-sponsored visa, categorized under "other family visas," currently has the longest wait time. It is estimated at 22 years, meaning she faces an additional 14 years of waiting for a decision on her permanent residency.

Government Response

A spokesperson from the Department of Home Affairs affirmed that family violence is a crime in Australia and unacceptable under any circumstances. The department stated its commitment to supporting victims and is actively seeking feedback from stakeholders to develop further policies to enhance protections for visa holders experiencing domestic and family violence.