How does family violence affect your Australian partner visa?

Family violence is a distressing and sensitive issue, particularly for individuals holding or applying for an Australian partner visa. It can have significant legal and emotional ramifications. This article aims to inform partner visa holders and visa applicants about how family violence can impact their visa status and the legal protections available to them in Australia.

At Australian Migration Lawyers, we are committed to assisting applicants facing domestic violence, so if you have questions or require further information, please contact us.

Domestic and Family Violence

Under Australian immigration law, family violence encompasses a range of abusive behaviours, including physical, emotional, psychological, and financial abuse. The law recognises that such violence can take many forms, from physical harm to coercive control, threats, and intimidation.

Family violence does not only mean physical harm; it can also involve mental or emotional distress, such as isolation from friends or family, controlling behaviour, unwanted sexual activity or financial manipulation (including dowry-related abuse)

Australia’s legal system prioritises the safety and well-being of individuals affected by family violence, ensuring that they do not have to remain in an abusive relationship to maintain their visa application or following their visa grant. The Family Violence Provisions in the immigration system offer protections for individuals who experience violence while holding a visa in Australia, allowing them to proceed with their visa application even if their relationship breaks down due to abuse.

Family Violence Provisions

Family violence can significantly affect the partner visa application process. Normally, both the temporary and permanent stages of the partner visa require proof of a genuine, ongoing relationship. However, when family violence occurs, the situation changes. This is recognised under the Family Violence Provisions.

If a visa applicant experiences violence during the relationship, they do not have to stay in the abusive relationship to remain eligible for their visa. If they can provide evidence of family violence, they can continue with the permanent partner visa process, even if the relationship ends before the permanent visa is granted. It is essential to disclose any family violence during the visa process, as the Department of Home Affairs evaluates such cases with care, ensuring that victims are protected.

Visa protections for victims of family violence

Australian immigration law offers specific protections for visa holders and visa applicants who have experienced family violence. The Family Violence Provision allows individuals on temporary partner visas (subclasses 309, 820, or 300) to apply for a permanent partner visa (subclasses 100 or 801) even if the relationship ends due to family violence. The abuse must have occurred while the relationship was still active.

This provision ensures that victims of family violence are not forced to stay in harmful situations to protect their visa status or the visa status of family members. The Australian Government takes a strong stance against domestic and family violence, offering these legal protections to prevent abusers from using immigration status as leverage over their partners.

Evidence requirements to claim family violence

To successfully claim family violence under Australian immigration law, visa holders or applicants must provide credible evidence. This can include:

• A notification of relationship cessation form
• A statutory declaration from the victim or other witnesses
• Police reports documenting incidents of violence
• Medical reports from healthcare providers
• Psychological evaluations from mental health professionals
• Photographs, text messages, or emails that demonstrate abusive behaviour

The evidence submitted must comply with legal standards and be handled with confidentiality and care. Immigration authorities ensure that claims of family violence are treated sensitively and that victims are not retraumatised during the process.

Legal process and rights of visa holders and applicants

If family violence occurs, victims have the right to report the abuse to the police and seek legal protection. In the context of partner visas, victims can continue with their permanent visa application under the Family Violence Provision. The alleged perpetrator, who may be the visa sponsor, may also face legal consequences depending on the severity of the violence reported.

Visa holders and applicants have the right to legal representation, ensuring they can navigate the immigration and legal systems without fear. Additionally, victims of family violence can access support services, including counseling, emergency housing, and financial assistance.

Challenges and considerations

Visa holders or applicants facing family violence often encounter several challenges, including fears of deportation or retaliation from their abuser. Many victims worry that reporting abuse will negatively impact their visa status, but under Australian law, this is not the case.

The power imbalance in relationships involving a temporary visa holder can make it difficult for victims to feel secure enough to report violence. However, the Family Violence Provision exists precisely to protect individuals from these fears. Seeking legal advice and support from experienced professionals is essential to ensure safety and legal rights are upheld.

How to get help

If you or someone you know is in immediate danger, call the police by dialling 000. Australian police are trustworthy and can provide assistance. If you need assistance with ongoing family violence, please seek legal advice.

For free and confidential support, you can reach 1800 RESPECT at 1800 737 732, available 24/7. If you need a free interpreter, call 131 450.

• DVConnect Womensline: 1800 811 811 (24/7) – Helps women find safe accommodation, counselling, and referrals.
• DVConnect Mensline: 1800 600 636 (9am to midnight, 7 days) – Offers counselling and referrals for men affected by domestic violence.
• Kids Helpline: 1800 55 1800 (24/7) – Support for children and young people.
• Lifeline: 13 11 14 (24/7) – Crisis counselling for those in need.

How Australian Migration Lawyers can help

Australian Migration Lawyers are dedicated to supporting individuals affected by family violence, particularly those navigating the complexities of the partner visa process. Our services include:

• Confidential consultations to assess your situation
• Preparation of evidence to support claims of family violence
• Legal representation in dealings with immigration authorities
• Guidance on continuing your visa application under the Family Violence Provision

We provide compassionate, professional assistance to ensure you can move forward with your visa application while protecting your safety and rights. If you are facing family violence, we can help you navigate the process and secure your future in Australia.

If you or someone you know is experiencing family violence or to who has recently experienced family violence and needs assistance with a partner visa, contact us today for a confidential consultation.

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If you are interested in getting more information about your situation, get in touch with Australian Migration Lawyers for a consultation.

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