Domestic Abuse – How your Partner Visa Application may be Affected
The decision to leave an abusive relationship is complicated to begin with, however, when your Australian visa is dependent on your relationship with your partner, many people believe that they can’t leave. However, this is not the case! A person who is on a temporary Partner Visa may still be eligible to apply for a permanent Partner Visa where domestic violence occurred during the relationship and where the relationship has since ceased. Similar provisions apply to Prospective Marriage Visa holders who have married their sponsor and the relationship has ceased and domestic violence occurred.
This means that if you have the courage to leave an abusive relationship, you do not have to be afraid of your sponsor reporting the fact that your relationship has ceased to the Department of Immigration and Boarder Protection (‘DIBP’) and that as a result your visa will be cancelled. If your sponsor does try to have your visa cancelled for leaving the relationship, the DIBP will give you a chance to comment on the adverse information it has received. You will then be able to provide evidence to the DIBP that domestic violence occurred and thereby access the protection of these provisions.
However, in order to obtain permanent residency under these provisions the proof required to demonstrate that domestic violence has occurred is quite high. Evidence of domestic abuse that can be used to support your visa application includes certain court injunctions or orders against the sponsor as well as evidence that the sponsor has been convicted of an act of violence against you or your dependents.
The Migration Place is a division of Irish Bentley Lawyers who have lawyers that specialise in family law ready to help you obtain one of the above orders/injunctions in order to protect your safety and the safety of your family. As our firm can handle your visa application as well as your family law matter, you will have the benefit of having the same team looking after all aspects of your case. If you are suffering from domestic violence, please contact one of our family lawyers today for a consultation on 07 3229 4025.
If you do not have the types of evidence mentioned above to support your claim of domestic violence, there are other types of evidence that you can use. At the Migration Place, our registered migration agents are also lawyers and will be able to walk you through the process and explain clearly what evidence you will need to support your application for permanent residency. We pride ourselves on achieving positive outcomes for our clients, meaning that you can take comfort in knowing that your application will be handled professionally and with the maximum prospects of success. If you are a Partner Visa or a Prospective marriage visa holder and you are the victim of domestic violence, please contact one of our registered migration agents for a consultation today on 07 3229 4025.
Domestic violence is not a simple, or trivial matter. Unbelievably, a poll conducted this year by the organisation, Fair Agenda, surveying 1000 people across the nation, found that 74 per cent of Australians believe that domestic violence is as much or more of a threat than terrorism. The Australian government has made it clear that domestic violence is not acceptable in the Australian community and is currently running campaigns to increase awareness of a crime that often happens behind closed doors.
If you are the victim of domestic abuse, contact one of our skilled migration agents or family lawyers today to get the help you need.