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Family & domestic violence visa

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What are the types of violence and what should you do?

It's crucial to understand the various forms of violence and the steps you can take if you're experiencing them. Violence in familial settings encompasses more than just physical harm; it extends to behaviours that instil fear for your safety or that of your family members. Examples include physical abuse, which involves violent acts or threats, sexual abuse involving unwanted sexual activities, verbal or emotional abuse, such as threats or coercive control, social abuse aimed at isolating you, and financial abuse, which limits your access to financial resources.

If you find yourself in immediate danger, dial 000 to contact the Police, who are equipped to assist in emergencies where your safety is at risk. Additionally, free over-the-phone counselling services are available through 1800RESPECT. Remember, ensuring your safety is paramount, and domestic and family violence is taken very seriously.

Importantly, despite any threats your partner may make, they cannot cancel your visa. If you're safe but have experienced violence, you can notify the Department of any changes in your relationship status, providing evidence of your circumstances.

You're not alone in this. Seek support from Australian Migration Agents who can offer guidance and assistance tailored to your situation. It's essential to recognize the signs of violence and take steps to protect yourself and your loved ones.

Eligibility requirements for a partner visa if you have experienced family violence

If you have experienced family violence, it's important to understand the provisions within Australian migration law that cater to such circumstances. If you've encountered family violence and are no longer in a relationship with your sponsor, you may still be eligible for a Partner visa under certain conditions.

According to legislation, the family violence must have occurred wholly or partly during your relationship, and your sponsor must be the perpetrator of that violence. The term 'perpetrator' refers to the individual responsible for committing domestic and/or family violence.

Even if your relationship has ended, you could qualify for a permanent visa if you've experienced family violence and meet the following criteria:

  • You have applied for or currently hold a Temporary Partner visa (subclass 820).
  • You have applied for or currently hold a Provisional Partner visa (subclass 309), and you were in Australia under the COVID-19 visa concession.
  • You hold a Prospective Marriage visa (subclass 300) and have entered Australia and married your sponsor.

Additionally, you must satisfy health and character requirements to proceed with your visa application. Understanding these eligibility criteria is crucial if you've been a victim of family violence and are seeking to navigate the visa application process for your safety and security.

Why you should pursue your partner visa if you have experienced violence

In many cases, sponsors unfairly treat people with temporary visas. Victims often feel scared to speak up because they worry it might hurt their relationships or lead to them being sent away from Australia. That's why family violence rules exist – to help and protect victims. Even if your relationship broke down because of family violence, you might still qualify for a Partner visa.

Understanding these rules can be really important if you're trying to get help and security after experiencing family violence.

  • If you meet the requirements for this visa, you could get a permanent one. This means you can work and live in Australia forever.
  • You can also use services like healthcare and support from Medicare and the National Disability Insurance Scheme (NDIS).
  • You might also pay lower fees for studying in Australia. 
  • If you meet the criteria for Citizenship after becoming a permanent residence, you can even apply for Australian citizenship later on.
  • You can also bring your family to Australia if you want to.

Visa checklist

When it comes to dealing with family violence issues, the Department will look into two main things:

  1. Whether you were in a true and lasting relationship with your former sponsor before your relationship ended.
  2. Your claims of family violence.

Proving you had a genuine relationship and making a valid claim about family violence aren't simple tasks. It can require an understanding of migration law and legal procedures. If the Department isn't convinced you were in a real relationship before the incident, they won't look into your family violence claim. 

Australian Migration Agents have experience in this area and can offer you clear, simple, and caring advice to make this process less stressful. Our team of Australian Migration Agents will help you gather the right information and evidence to support your case. We'll give you a detailed list of important documents you'll need:

  • Financial papers
  • Household arrangement documents
  • Relationship documents

  • Legal evidence from an Australian court
  • Supporting evidence from a doctor, psychologist etc.

Step to make a claim

Australian Migration Agents are available to provide support if you have experienced family violence and wish to make a claim. This support encompasses notifying the Department that your relationship has ended, guiding and assisting you in gathering the required documents, preparing submissions and supporting materials to explain your circumstances and what has transpired, and responding to any requests from the Department. 

Throughout the process of lodging a family violence claim, Australian Migration Agents will be there to assist you at all stages, ensuring the confidentiality and security of your information.

Future visa pathways

Following family violence, individuals may seek future visa pathways through the assistance of Australian Migration Agents. The Department of Home Affairs evaluates partner visa applications for temporary and/or permanent visas based on the individual's circumstances and the evidence provided. However, it's important to note that there's no guarantee of obtaining permanent residency through the Partner visa route, even if the relationship has ended due to family violence.

In cases where individuals are ineligible under the family violence provisions, Australian Migration Agents can explore alternative visa options tailored to the individual's needs and those of their family. Our agents provide comprehensive support, guiding applicants through the process of assessing their situation, gathering necessary documentation, and preparing submissions to present their case effectively. By leveraging their expertise in migration law and procedures, Australian Migration Agents aim to secure the most suitable visa pathway for individuals and their families, ensuring their rights and interests are protected throughout the process.

Benefits of using Australian Migration Agents for your visa

The team at Australian Migration Agents possesses extensive expertise in Australian migration law. We take pride in our track record of successfully assisting a diverse range of clients, including those facing intricate cases. Our primary aim is to ensure equitable access to justice by representing individuals who trust us with their migration matters.

Composed of qualified Australian migration agents, our team is well-equipped to support your visa application process.

  • We assess your eligibility, offer guidance on the most suitable migration options and strategies, and ensure compliance with all legal requirements.
  • From preparing your application to navigating any additional requests from the Department of Home Affairs, we are committed to guiding you through every step until the successful grant of your visa.

Visa application costs

If you already hold a permanent or temporary partner visa, then there is no additional cost required to declare that your relationship has ended due to family violence. If the Department considers your claim to be valid, then you will continue to hold your current visa for the duration of its validity. If you are wanting to apply for a new or permanent visa after the family violence incident has occurred, then the standard visa application fees will apply. These costs can be found on the Department of Home Affairs website. 

In addition, there may be costs involved with engaging an Australian Migration Agent. We opt for a fixed-fee approach instead of charging by the hour to offer our clients clarity regarding the total expenses linked to their application. In certain instances, we also provide flexibility by offering instalment options to accommodate our clients' needs. Our fees are affordable, flexible and tailored to your needs. 

Australian visa application steps

The application process can be a complex and time-consuming journey, with strict eligibility criteria and a certain amount of evidence required to support your application. A registered migration agent can help you gather the correct documents and improve your chances of visa success. 

Book a consultation

Step 1

Initial consultation

Book a free consultation with one of our registered migration agents, where we’ll discuss your situation and see how we can help you move forward.

Step 2

Application preparation & submission

Your Australia visa agent will prepare a submission to support your application, tailored to your unique situation and backed by all the documents required. Once completed, we’ll submit your application to the Department of Home Affairs on your behalf.

Step 3

Visa outcome

We’ll be in touch once the Department has come to a decision. If the application isn’t granted, we can appeal on your behalf.

Processing times using Australian migration agents

The Department does not provide any published processing time information for Partner visas involving reported family violence. However, when you inform the Department of the end of your relationship and submit a family violence claim, the sponsorship application will be promptly removed from the system, and your application will be flagged for priority processing.

Standard processing times will apply for new visa applications that you may decide to apply for as a result of family violence. The processing time for your partner visa application can range from five (5) months to ninety-six (96) months from the date of submission, contingent upon factors such as application complexity, satisfaction with provided evidence by the Department, and the Department's backlog. When you opt for Australian Migration Agents to support your application, we prioritise submitting it meticulously to minimise the possibility of delays.

Visa considerations

If your partner visa faces cancellation and you're ineligible for a permanent partner visa as outlined previously, you can explore alternative visa options. This scenario is common among applicants who have built significant ties in Australia and prefer not to return to their home country. Some viable visa alternatives include student visas, skilled migrant visas, working holiday visas, and protection visas. Upon applying for a different visa, you'll be granted a bridging visa, permitting you to stay in Australia while your application is under review. This transitional arrangement ensures continuity of residence and stability during the visa application process.

Australian Migration Agents comprises a team of qualified and experienced professionals specialising in Australian migration law. While we, as agents, cannot guarantee a favourable outcome since the decision lies with the Department of Home Affairs, we empathise with the complex situations our clients encounter and are committed to providing the necessary support and guidance.

We endeavour to enhance accessibility for our clients through various means:

  • Initial consultations are often complimentary, while ongoing services incur a fixed fee, which we will discuss with you in advance.
  • Consultations can be conducted from any location in Australia via online platforms such as Zoom.
  • We can assist you at any stage of the Partner visa process, regardless of your current location or circumstances.

Australia-wide services

Our skilled team offers in-person and virtual appointments, which means we can provide immigration assistance and advice regardless of where you live in Australia.  

Frequently asked questions

Read our most commonly asked questions

Does domestic violence affect citizenship in Australia?

No. Obtaining Australian Citizenship remains unaffected by domestic violence, ensuring the continuity of your status. Similarly, permanent residence status can be retained despite experiencing domestic violence. However, if you're found to be the perpetrator of domestic violence, charges against you may be viewed as indicators of poor character, potentially hindering your ability to obtain future visas or permanent residence. It's crucial to understand the implications of domestic violence on visa and residency status, both as a victim and a perpetrator, to navigate the immigration process effectively.

If I can make a valid family violence claim and am granted a permanent visa, will my children get permanent residency as well?

Certainly, your children will also be eligible for permanent visas if they are included as secondary applicants in your permanent partner visa application and meet the health requirements. This ensures that your family remains together and enjoys the benefits of permanent residency in Australia.

Book a consultation

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