Have You Suffered Family Violence from Your Australian Partner?

Do You Have an Ongoing Partner Visa Application and is suffering from family violence or domestic abuse?

If you have an ongoing partner visa application but your relationship has broken down due to family violence or domestic abuse, you may still be eligible for permanent residency in Australia. Family and domestic abuse is a crime in Australia. The Australian government has zero tolerance for family and domestic violence against anyone in the Australian community, even if you are holding a temporary visa.

Family violence or domestic abuse claim is extremely complex and sensitive and there are various requirements and documents that you will need to provide and meet. We encourage anyone who is going through this to contact an immigration lawyer as soon as possible.

What is family violence?

Family violence covers a range of behaviours committed by a person against a family member, aiming to control a family member through fear.

There are various types of abuses that may constitute family violence and this may include the following:

• physical abuse, for example pushing or hitting

• sexual abuse, including forcing a person to have sex or engage in sexual activity

• emotional or psychological abuse, including calling the person by names and controlling their behaviour

• intentionally damaging a family member’s property

• economic abuse – this includes controlling a family member’s bank accounts and money without their consent

• any other behaviour that causes the family member to feel fear for their safety, the safety of another person or an animal threatening to do any of the above.

It may also include any incidents whereby a child is present, hears, sees, or is around the acts of family violence.

If you are currently experiencing or had experienced any of the above behaviours, you may be a victim of family violence. If you have an ongoing Partner visa application and your relationship with your partner has broken down because of the family violence behaviours, do not fear. Australian law protects the victim of family violence.

We are on standby to assist you. Contact our team of experienced immigration lawyers and agents who has helped numerous clients obtain permanent residency by arguing Family Violence exited during the course of relationship.

You can still be granted your permanent partner visa even if your relationship has broken down.

You may still be granted your permanent residency in Australia if you have experienced family violence, and your relationship has ended if:

• you have married your partner while on a Prospective Marriage visa and you have applied for a Partner visa, or

• you are awaiting the outcome of your application for a temporary Partner visa, or 

• you have been granted a temporary Partner visa and you are currently awaiting the outcome of your permanent partner visa.

You will need to provide the Department of Home Affairs with substantial form of material evidence to show that family violence occurred during the course of your relationship.

Fill in the form below and our immigration lawyers and registered migration agents will contact you as soon as possible

Our Most Recent Approved Partner Visa cases arguing Family Violence despite relationship breakdown

Download the Family Violence and Visa Holders Information Booklet

To support the government’s efforts to assist victims of domestic violence, the Department of Home Affairs has released information on arrangements the Department has in place to help visa holders and anyone who is affected by family and domestic violence.

Fill in the form below to download the Family Violence and Visa Holder Booklet.

Evidence of Family Violence For Partner Visa Application

There are two types of evidence that you can provide:

• Judicial evidence:

  • a Family Violence Restraining Order made against your former partner protecting you or a member of your family, or

  • a Family Court injunction against your former partner made in relation to family violence, or

  • a document which shows the court has convicted your former partner of assaulting you or your dependent, or

  • a document which shows the court has recorded a finding of guilt against your former partner for assaulting you or your dependent.

• Non-Judicial evidence:

  • alternatively, you will need to provide a statutory declaration detailing family violence incidents that occurred during the course of your relationship; and

  • at least two documents from professionals. For example, a medical report or a witness statement made to the police. 

What is the next step?

Due to the highly sensitive nature and complexity surrounding family violence claim for Partner visa applicants, the matter must be dealt with carefully and promptly, especially if the family violence incidents happened a long time ago and you did not obtain much evidence while the incidences happen.

If you have an ongoing partner visa application and is experiencing family violence, we urge you to seek professional legal assistance as soon as possible.

HOW CAN WE HELP YOU?