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Partner Visa and Family Violence



Family Violence and Partner Visas factsheetImmigration News

 

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 one of the following apply to you:

  • You are currently on one of the following visas:
  1. You have married your spouse while on a Prospective Marriage visa (subclass 300) and have applied for a Partner visa (820/801) in Australia
  2. You are waiting for the outcome of your application for a temporary Partner visa (subclass 820)
  3. 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 from family violence

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

Prove this in the following ways:

  1. A court injunction/Domestic Violence Order/ Restraining Order under the Family Law Act 1975 against your partner that proves your partner guilty of family violent
  2. 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

·        Police report

·        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

·        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:

Partnership 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)

 

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