Partner visas & the family violence provisions
If you are on a visa, you do not have to remain in an abusive relationship to remain in Australia.
Let’s get one thing straight.
If you are on a visa, you do not have to remain in an abusive relationship to remain in Australia.
The Department of Immigration has ‘family violence provisions’ enshrined in law to enable those who leave an abusive relationship to retain their visa.
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You should never remain in a situation that puts you at risk. Making yourself safe is the first priority, worrying about meeting the criteria required to prove family violence for immigration purposes can be dealt with after that.
If you have applied for a:
- Temporary Partner visa (subclass 820);
- Provisional Partner visa (subclass 309), you are in Australia and eligible for the grant of the visa in Australia, under a COVID-19 visa concession;
- Dependent Child (subclass 445) visa as a dependent where the visa-holding parent has applied for the family violence provisions; or
- Distinguished Talent (subclass 858) visa as a secondary visa applicant where the primary visa holder has been granted their permanent visa,
or you already hold a:
- Temporary Partner visa (subclass 820);
- Provisional Partner visa (subclass 309) and entered Australia on this visa;
- Provisional Partner visa (subclass 309) which was granted while you were in Australia, under a COVID-19 visa concession; or
- Prospective Marriage visa (subclass 300) and have entered Australia and married your sponsor (you will need to apply for a Temporary Partner visa)
you may still be eligible for a permanent visa in circumstances where:
- the family violence, or part of the family violence, occurred while your relationship existed with your sponsor (or alleged perpetrator); and
- the family violence you have experienced was perpetrated by your sponsor.
Family violence includes:
- physical abuse;
- sexual abuse;
- verbal abuse;
- emotional abuse;
- social abuse; and
- financial abuse.
The Department of Immigration requires proof of your assertion that family violence has occurred and provides two ‘pathways’ to do this:
- Judicial; and
- Non-judicial.
Judicial
This is the less commonly used pathway as it requires a complaint to the police and court process, which some people do not feel they can do.
Judicial evidence is a document from a court of law. An ‘interim order’ does not meet the threshold for judicial evidence. You must provide a final court order. You can provide an interim order to us while you await the final court outcome.
Non-Judicial
Using the non-judicial pathway requires two pieces of evidence from a specified list (for example, a statutory declaration from a registered psychologist). The list contains certain requirements, like providing evidence in the form of a Statutory Declaration and that those reports/Statutory Declarations require very specific information.
Legal Assistance
Navigating this incredibly stressful time is hard enough, without having to worry about understanding immigration law, so contact me if you need help. I will use my extensive experience as a police officer who dealt with domestic abuse on an almost daily basis to understand your situation and provide you a way forward. I can effectively explain to the Department of Immigration why your situation may meet the criteria of family violence and why you should be granted your visa. I am able to organise payment plans/deferred payment and can offer a significantly reduced rate for an initial consultation. Please just reach out if you need help.
My email is [email protected] the contact form on my website is at Contact | Wren Legal
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The contents of this article are for reference purposes only. The contents do not constitute legal advice and should not be relied upon as such. Specific legal advice about your personal circumstances should always be sought separately before taking any action, whether based on this publication or otherwise.
