Navigating Family Violence and Its Impact on Your Partner Visa in Australia
- Leading Edge
- Jul 2
- 4 min read
Applying for an Australian Partner Visa is a journey towards building a life with your loved one in Australia. However, sometimes relationships take an unforeseen and tragic turn, becoming impacted by family violence. If you find yourself in this devastating situation, it's crucial to understand that Australian immigration law has provisions to protect you, ensuring you are not forced to remain in an abusive relationship to secure your visa.
Australia's Stance on Family Violence and Visas
Australia has a strong stance against family violence. It is a crime and is not tolerated under any circumstances. Recognizing the vulnerability of individuals on temporary visas who may fear deportation if they leave an abusive partner, the Department of Home Affairs (DHA) has specific "family violence provisions" in place. These provisions allow victims of family violence to potentially continue with their permanent partner visa application, even if the relationship with their sponsor has ended.
What is "Family Violence" in the Context of a Partner Visa?
The definition of family violence for visa purposes is broad and extends beyond physical abuse. It includes any conduct, whether actual or threatened, that causes you (or a member of your family unit, or even your property) to reasonably fear for your well-being or safety. This can encompass:
Physical violence: Hitting, punching, pushing, choking, etc.
Sexual abuse or mistreatment: Forced sexual relations.
Psychological and emotional abuse: Undermining self-worth, intimidation, threats, controlling behaviour (e.g., preventing you from leaving the house, working, studying).
Financial abuse: Controlling access to money, economic deprivation, dowry-related abuse.
Stalking: Persistent following or watching.
Technology-facilitated abuse: Online harassment.
Threats: Threatening to hurt you, your family members, or your pets.
Damaging property: Destroying personal belongings.
Forced isolation: Preventing contact with friends and family.
Crucially, for Partner Visa applications, the alleged perpetrator of the family violence must be your sponsoring partner.
Key Requirements for Relying on Family Violence Provisions
If your relationship has broken down due to family violence, you may still be eligible for a permanent partner visa if you meet certain criteria:
Eligible Visa: You must have applied for, or currently hold, an eligible visa, such as a Temporary Partner (subclass 820) visa, Provisional Partner (subclass 309) visa (if you have entered Australia on it), or a Prospective Marriage (subclass 300) visa (if you married your sponsor).
Genuine Relationship: The DHA must be satisfied that your relationship with your sponsor was genuine and ongoing before the family violence occurred and the relationship ceased. This is a critical first step.
Family Violence Occurred: You, or a member of your family unit, must have experienced family violence perpetrated by your sponsoring partner. The violence, or part of it, must have occurred while your relationship with the sponsor existed.
Relationship Ceased: Your relationship with the sponsoring partner must have genuinely ended. You are not required to prove that the family violence was the cause of the relationship ending, but it must have occurred while the relationship was ongoing.
Evidence is Key
To successfully claim family violence, you will need to provide strong evidence to the DHA. This can be categorized into two main types:
Judicial Evidence: This is generally the strongest form of evidence and includes:
An injunction (e.g., Apprehended Violence Order - AVO) made against the perpetrator by a court.
A restraining order or protection order issued by a court against the sponsor.
A court conviction or finding of guilt against your former partner for assault against you or a dependent.
Non-Judicial Evidence: If judicial evidence is not available, you can rely on non-judicial evidence, which typically requires a statutory declaration from you detailing the family violence, accompanied by at least two other types of evidence from professionals. This can include:
Medical reports or records of treatment for injuries consistent with family violence.
Police reports, records of assault, or witness statements provided to the police during an investigation.
Reports or letters from social workers, psychologists, counsellors, or family relationship practitioners who have directly observed or been told of the violence.
Letters from women's refuges or domestic violence crisis centres.
Statutory declarations from reliable witnesses (e.g., friends, family, community leaders) who have witnessed or been told of the violence.
The DHA will carefully assess all evidence provided. If they are not satisfied by non-judicial evidence, they may refer your case to an independent expert who will provide an opinion on whether family violence has occurred.
What to Do If You're Experiencing Family Violence
If you are on a Partner Visa and experiencing family violence, it is vital to take steps to protect yourself and understand your options:
Seek Safety: Your immediate safety and well-being are paramount. If you are in immediate danger, call 000 (Australia's emergency services).
Seek Support: Contact a domestic violence helpline or support service. 1800RESPECT (1800 737 732) is a national service offering confidential counselling and support. These services can provide crucial assistance, including safety planning, emergency housing, and other urgent needs.
Notify the Department of Home Affairs: You must inform the DHA that your relationship has ceased and that you intend to rely on the family violence provisions. You can usually do this through your ImmiAccount. It is advisable to set up your own ImmiAccount, separate from your former partner's, for your privacy and safety.
Gather Evidence: Begin to gather any available evidence of the family violence and the genuine nature of your relationship prior to its breakdown.
Seek Professional Advice: This is a complex area of law. Contact a registered migration agent or an immigration lawyer who specializes in family violence provisions as soon as possible. They can guide you through the process, help you compile evidence, and ensure your rights are protected.
You Are Not Alone
Remember, you do not have to stay in an abusive relationship to maintain your visa status in Australia. The family violence provisions are designed to provide a pathway to safety and permanent residency for those who have experienced such trauma. While the process can be challenging, support is available, and with the right legal and personal support, you can secure your future in Australia.
Contact our team at Leading Edge Migration; our experts can guide you.
Disclaimer:
This blog post is intended to provide general information and should not be considered legal advice.
It is essential to consult with a registered migration agent for personalized advice tailored to your specific circumstances.
Immigration laws and regulations are subject to change, so it's important to stay updated with the latest information.
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