When Can I Claim Family Violence Provision for Partner Visa?
If you have a pending Partner Visa (Subclass 820/801 or 309/100) or are currently holding one, and your relationship has broken down due to family violence, you may be concerned about your visa status and eligibility to continue living in Australia. Australian immigration law includes provisions to protect victims of family violence; this provision also extends to other family visa subclasses. This provision can potentially allow you to remain in Australia and be granted a permanent visa (Subclass 801 or 100).
Understanding Family Violence Provisions
Australian migration law acknowledges that family violence can occur in relationships; these provisions can allow an applicant for a Partner visa to still be granted a permanent visa, even if the applicant and the sponsor are no longer together, provided the applicant meets the criteria.
When Can You Claim Family Violence Provisions?
You can claim family violence provisions if all the following apply:
You must be a holder of a valid temporary Partner Visa (Subclass 820/309) or holding a bridging visa that links to the temporary Partner Visa.
You must have been in a genuine and ongoing relationship with your sponsor at the time you applied for your Partner Visa.
The relationship must have broken down primarily due to family violence. Family violence is not limited to physical abuse. It can also include any behaviour that is verbal or emotional abuse, social abuse or financial abuse. We elaborated on each type of abuse in this article on How to Identify that You May be Experiencing Family Violence?
You must provide credible evidence that you have experienced family violence during the relationship while the Partner visa is processing. To support the claim of family violence, you should provide supporting evidence. This may include non-judicial evidence or judicial evidence, such as court documents.
Related:
Support For Visa Applicants and Holders Experiencing Domestic and Family Violence
How to be Qualified for Family Violence Provision for Visa Applications?
How Can Agape Henry Crux Assist
If you are experiencing family violence, your safety is the top priority. Seek professional assistance for two of our Accredited Specialists in Immigration Law at Agape Henry Crux to guide you through your visa matter. The team specialises in handling highly complex issues. 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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