How Does Family Violence Affect Your Application For A Partner Visa?
Family Violence And Partner Visas Factsheet in Australia
A partner visa to Australia is granted in two stages:
- If the initial partner visa application to Australia is approved, the applicant is issued with a temporary two-year visa, and
- Once the temporary stage is completed, the applicant must present evidence to the Department of Home Affairs confirming the relationship is continuing the permanent partner visa, offering permanent residency, may be granted.
The grant of both a temporary and a permanent partner visa depends on showing a genuine and ongoing relationship. If the relationship ends before a permanent partner visa has been granted, then the sponsor is free (in fact, by the letter of the law, required) to approach the Department of Home Affairs to advise the applicant is ineligible for the visa grant. However, the dissolution of a relationship after the grant of permanent residency will not affect the visa holder’s right to remain in Australia.
Where a marriage or relationship involving a temporary visa holder is under strain, the sponsoring partner holds substantial influence over the visa applicant and their future. In an ingenuine or toxic relationship, this power imbalance can result in a detrimental psychological toll for the applicant.
Domestic Violence and Partner Visas
Partner Visa Applicants Do Not Have To Stay In An Abusive Relationship To Remain In Australia.
In Australia, domestic and family violence is not accepted.
A partner, family members or other people in the community cannot threaten your visa status.
Domestic Violence
Where domestic violence has occurred, individual visa holders can continue their application for a partner visa, even if the relationship that forms the basis of their application has broken down.
The violence must have occurred whilst the relationship was in existence but did not necessarily have to have been physical violence. The violence may take the form either physical, emotional, or financial threats, intimidation, or other abuse. Various supporting evidence must be provided to substantiate the domestic violence and can include a police report, or health report by a healthcare worker or mental health professional
The applicant should also prepare a statutory declaration annexing any evidence, such as photographs, text messages, emails to indicate violence has occurred. The applicant must comply with strict legal provisions. Therefore, one must seek legal advice or assistance in the preparation of their submissions.
If you hold a temporary Partner visa (subclass 309 or 820) or a Prospective Marriage visa (subclass 300) and experience family violence, and your relationship has ended, then you may be allowed to continue with your permanent Partner visa (subclass 100 or 801) application.
The Australian Government does not tolerate domestic and family violence under any circumstances.
The family violence provisions mean that if you are in Australia holding or applying for a partner visa, you still could be granted a permanent partner visa if your relationship with your partner (sponsor) has ceased due to family violence committed by your sponsor.
How To Get Help
If you or someone you know is in danger call the police on 000.
Police in Australia are safe and can be trusted.
For free, confidential counselling and information call 1800 RESPECT on 1800 737 732.
If you need a free interpreter call 131 450.
DVConnect Womensline
Phone: 1800 811 811 (24 hours, 7 days a week)
Womensline helps women to obtain safe refuge accommodation, confidential counselling and referral to other services.
DVConnect Mensline
Phone: 1800 600 636 (9am to midnight, 7 days a week)
Mensline provides confidential counselling, information and referral to men affected by domestic and family violence.
Kids Helpline
Phone: 1800 55 1800
(24 hours, 7 days per week)
Lifeline
Phone: 13 11 14
(24 hour Crisis Counselling Line)
*Queensland Government – For more information and to know what services are available, click here
A Previous Case On Family Violence And Partner Visa
One of our clients was a Subclass 820 partner visa holder when the Department of Home Affairs contacted her. The Department was about to cancel her visa because the sponsor informed the Department that the relationship has broken down.
However, the sponsor neglected to indicate that the breakdown was caused by domestic violence in which he was the perpetrator. The sponsor has even attempted to place the blame on our client and accused her of being the violence perpetrator.
Our migration lawyer provided extensive evidence and a strong submission to prove that the applicant was the victim of domestic violence. Therefore, the requirement of family violence provision has been met. Our client was cleared of the sponsor’s accusations and received permanent residency despite the relationship breakdown.
You donnot have to stay in an abusive relationship to say in Australia. Book a Migration consultation to get expert advise.
Need help with your Visa?
NO BORDERS: #1 TRUSTED MIGRATION AGENTS
Email: [email protected]
Tel: +61 (07) 3876 4000
We will help you 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 find out your visa application process or discuss your visa options further and evaluate which pathway to take, 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].
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