Domestic or family violence is not tolerated in Australia under any circumstances. The Australian Government provides free and confidential support services for anyone experiencing domestic or family violence in Australia regardless of their visa or immigration status.
The Migration Regulations 1994 (Cth) sets out specific provisions about family violence and its effect on applications for permanent residency. These family violence provisions allow certain partner visa applicants to continue with the partner visa application even after the breakdown of a spousal or de facto relationship, if they or a family member has experienced family violence by a sponsoring partner.
Visa applicants should be aware that they do not have to remain in abusive relationships just because they believe they may be forced to leave Australia if the relationship breaks down. A partner, family members or other people in the community cannot threaten your visa status.
The family violence provisions can only be accessed by partner visa applicants who are already in Australia or by prospective marriage visa holders who are already in Australia and have married their sponsor.
Visa applicants must satisfy the department that the relationship was genuine up to the point of the relationship breakdown and provide evidence that family violence took place during the relationship. There are specific requirements for the kind of evidence which is deemed acceptable by the Department.
Family violence is not limited to actual physical harm but may include other forms of abuse such as threats of violence, psychological abuse and/or financial abuse.
If you are a victim of domestic or family violence while on the partner visa, you may have the right to continue with your permanent visa application. Our team will be able to assess your individual circumstances and assist you in deploying the most advantageous strategy possible.
Migration Guru has a team of 7 Migration Agents and Solicitors with more than 50 years of collective experience in the industry. The skills and experience we have acquired over time allows us to provide clients with accurate and personalised legal and migration advice in order to ensure that the best possible outcomes are achieved.