The Migration Amendment (Subclass 100 and 309 Visas) Regulations 2022 (the Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to enable the 'COVID-19 concession' cohort to access the 'relationship cessation provisions' (RCPs) as part of meeting the criteria for grant of a Subclass 100 Partner visa or a Subclass 309 Partner (Provisional) visa.
The Regulations make amendments to the Migration Regulations that enable Subclass 100 visa applicants to access RCPs to meet the primary criteria for the grant of a Subclass 100 visa, if the applicant was granted their Subclass 309 visa in Australia under the COVID-19 concession, and their sponsoring partner has died, or their relationship with their sponsor has ceased. This ensures that applicants 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 to access a pathway to permanent residence in the following relationship cessation circumstances:
- the applicant's sponsor has died; or
- the relationship between the applicant and the sponsor has ceased and either or both of the following apply:
- the applicant or a member of the family unit has suffered domestic and family violence (DFV) committed by the sponsoring partner;
- the applicant and sponsor share custody, formal maintenance obligations or access rights to at least one child.
Source: Migration-Amendment-sc100-and-309-Regulations-2022.pdf and
Migration-Amendment-Sc-100-and-309-visas-Regulations-2022-Explanatory-Statement.pdf