Facing Family Violence | What will Happen to Your Partner Visa?

Are you on a provisional Partner Visa (Subclass 820/309) and have been experiencing family violence, and have decided to separate from your sponsor? You must be concerned about your visa status and the potential for a visa refusal or visa cancellation. At AHC Lawyers, we have assisted many applicants who went through similar anxieties and offer expertise in navigating such complex situations.

Identify Family Violence Relationship

It is important to identify that you are in a family violence relationship, and you will be or soon to be making a decision to leave the relationship.
If you have decided to separate, you no longer meet the core requirement of being sponsored and in a relationship/de facto relationship to be eligible for a Partner Visa (Subclass 820/801 or 309/100).
However, a critical exemption applies if you can demonstrate that you experienced family violence committed by your sponsoring partner while holding a Partner Visa or a bridging visa when the Partner Visa is pending.
Typically, a Partner Visa takes approximately 2 years for a provisional visa to be granted, and an additional 2 years for the permanent visa to be issued.
In such circumstances, if you are holding a bridging visa with a pending Partner Visa application, and a decision is expected soon, you are in a race against time. If your Partner Visa is refused, you are not holding a substantive visa, and you may face several additional visa issues, such as:
- You may be subject to Schedule 3 if you have applied for a Partner Visa and are not holding a substantive visa; this will result in a visa refusal unless you seek a waiver. Read our article on Bridging Visa Holders and How Schedule 3 Waivers Can Help Your Partner Visa.
- Section 48 bar, which you will not have the ability to apply for most visas while onshore (with limited exceptions).
- Your current bridging visa will be cancelled, leaving you just 35 days to remain in Australia.
- Depending on the circumstances, this could prevent you from re-entering Australia (PIC4014) after you depart if you cannot fulfil the requirements.

What Can I do for My Visa if I’m Experiencing Family Violence?

Before taking any action, first, we suggest speaking with an Accredited Specialist in Immigration Law for tailored advice specific to your circumstances.
You will need to notify the Department of Home Affairs (DoHA) regarding the breakdown of your relationship.
At the same time, gather and compile all of your supporting evidence of “family violence” to DoHA. Supporting evidence may include judicial evidence (court documents) and/or non-judicial evidence.
Engage with an immigration lawyer to assist in drafting a legal submission to explain and present together with the supporting evidence.

How Can Agape Henry Crux Assist

If you're facing visa uncertainty due to a relationship breakdown and potential family violence, our team can assist you. Reach out to 2 of our Accredited Specialists in Immigration Law at Agape Henry Crux. The team specialises in handling highly complex matters. To seek professional advice, schedule an appointment with one of our solicitors by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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