Family violence is a crime in Australia. You and your family members do not have to remain in a violent relationship to stay in Australia.
What is family violence?
Family violence is any behaviour that is violent, threatening, coercive or controlling that makes you fear for your safety and wellbeing.
Family violence may include:
- Physical or psychological abuse or harm
- Forced sexual relations
- Forced isolation or economic deprivation, including dowry-related abuse
Who is eligible?
You may still be granted a visa if all the following apply to you:
- You are currently on one of the following visas:
- You have married your spouse while on a Prospective Marriage visa (subclass 300) and have applied for a Partner visa (820/801) in Australia
- You are waiting for the outcome of your application for a temporary Partner visa (subclass 820)
- You have entered Australia as the holder of a Provisional Partner visa (subclass 309)
- You or your family member/s have experienced family violence
- Your relationship has ended
How to prove you have suffered family violence
You must show the following:
- Family violence against you or your family member has taken place
- You and your partner were in a genuine and continuing relationship until the first occurrence of family violence
- You would have continued to be with your partner, but your relationship has broken down due to family violence
You may prove this in two ways:
- A court injunction/order under the Family Law Act 1975 against your partner that proves your partner guilty of family violent
- Form 1410 – Statutory declaration for family violence claim and at least two of the following:
|
Type of evidence |
Who can provide it? |
Must: |
|
· Medical report · Hospital report · Discharge summary
|
· Registered medical practitioner · Registered nurse · Police officer |
· Identify the alleged victim/perpetrator · Detail any incident/s of family violence · Detail the physical injuries or treatment for health issues as a result of the family violence |
|
· Statutory declaration · Letter of assessment report |
· Any of the above · Witness · Member of a registered wellbeing centre · Registered psychologist/counsellor · School counsellor/principal |
· Identify the alleged victim/perpetrator · Detail any incident/s of family violence and reason for their opinion · Detail fear for any of the family members within the household · Detail any treatment or counselling received by the alleged family member because of the family violence |
To prove that your relationship was genuine and continuing until the family violence occurred, it may also be useful to provide as much of the following:
Relationship Evidence
- Marriage Certificate, or evidence of de facto relationship (such as Civil Partnership Certificate)
- Any written relationship statement/documentation used for your previous partner visa application
- Any other relevant relationship evidence you wish to add
Domestic Violence Evidence
- Evidence of communication
- e. text messages, emails, voice recordings
- Any prescriptions of medications that you take/may have taken because of the family violence
- Statement written by you
- This must set out the genuine and continuing nature of your relationship with your spouse until the family violence occurred; and
- The circumstances to the effect of the family violence you have suffered
Support for Family Violence Victims
For professional counselling and support, contact the National Sexual Assault, Domestic and Family Violence Counselling Service. The service is available all day, every day.
- visit 1800RESPECT.org.au
- phone 1800RESPECT (1800 737 732)
NO BORDERS LAW GROUP: #1 TRUSTED MIGRATION LAWYERS
Email: [email protected]
Tel: +61 7 3876 4000
Consultation: https://www.noborders-group.com/form/free-consultation
We will help you by exploring visa options and securing application. As part of our services, we will assess the eligibility of the application for a partner visa and help you to get out of the abusive relationship and provide you with detailed advice on your chances of success. If you would like to discuss your visa options and evaluate the pathway to permanent residency, please make an enquiry or book a consultation to get expert advice with one of our knowledgeable and experienced Migration Agents/Lawyers on 07 3876 4000 or email: [email protected].