Domestic Violence Visa
Navigating the Partner Visa process can be complicated, but when family violence arises, the situation can become even more challenging. Many people in these circumstances are unaware of their rights or fear that leaving an abusive relationship will affect their immigration status. It is important to know that Australia offers protections for those experiencing family violence while on a Partner Visa. Uvision can help you understand what a Family Violence Visa is, how to apply for help, and what steps are available to those in need.
What is the Family Violence Provision?
Australia’s immigration law recognises that no one should be forced to remain in an abusive relationship to maintain their immigration status. Under the Family Violence Provision, people on certain temporary partner visas may still qualify for permanent residency even if the relationship has ended due to family violence. This pathway was created to ensure that no one feels trapped in a harmful situation for fear of putting their immigration status at risk.
Who Can Apply?
The Family Violence Provision applies to people with certain partner visas, including:
- Temporary Partner Visa (Subclass 820): This is a provisional visa for those who are in Australia and awaiting the outcome of their Permanent Partner Visa (Subclass 801).
- Provisional Partner Visa (Subclass 309): This visa is for people who are outside Australia and awaiting the Permanent Partner Visa (Subclass 100).
If you have one of these visas and have experienced family violence, you may be eligible to pursue the process for permanent residence under the Family Violence Provision, even if your relationship has ended.
What is Considered Domestic Violence?
Domestic violence, under Australian law, is defined as behavior by a partner or family member that coerces, controls or causes a person to fear for their safety and well-being. It is not limited to physical violence, but includes any form of abuse that causes emotional, psychological or financial harm. Examples include:
- Physical harm
- Sexual abuse
- Emotional or psychological abuse
- Financial control
- Isolation from friends and family
Demonstrating Domestic Violence
To qualify under the Family Violence Provision, applicants must show that family violence has occurred. Evidence may include:
- Reports from police, doctors, or social workers
- Court-issued protection orders
- Statements from friends, family, or community leaders
- Detailed personal accounts supported by affidavits
The Immigration Department evaluates this evidence to determine whether the family violence criteria are met. In some cases, the department may refer the case to an independent expert for further review.
What Happens to Your Visa Status?
A common fear is that leaving an abusive partner will cancel your visa. However, under the Family Violence Provision, the Immigration Department will not cancel your visa just because the relationship has ended due to family violence. This protection allows you to apply for permanent residency without the risk of being deported, providing a stable future for you and any children involved.
Seeking Support and Assistance
If you are facing domestic violence, remember that you do not have to face it alone. There are numerous support services in Australia, including:
- 1800RESPECT: A 24-hour helpline that offers support, information and referrals for anyone experiencing domestic violence.
- Legal Aid: Every state in Australia has legal aid services that provide advice, often at a reduced or no-cost cost.
- Counselling Services: Many local organisations provide free or low-cost advice for survivors of domestic violence.
- Immigration Agents and Lawyers: Immigration law professionals can guide you through the Family Violence Provision and help you understand your visa options.
How Immigration Lawyers Can Help
Working with immigration attorneys can be a great help during this process. They can assist in gathering and presenting the necessary evidence, support your application, and defend your rights under immigration law. Immigration attorneys understand the complexity of domestic violence cases and can provide you with personalized guidance based on your situation.
Final Reflection: You Have Options
No one should have to stay in a relationship that puts their safety and wellbeing at risk. If you are on a partner visa and facing family violence, you have options, rights and support available in Australia. The Family Violence Provision is a crucial protection that allows people to leave harmful situations without fear for their visa status.
Taking the first step can be difficult, but there are people and resources ready to help you. Knowing your rights and seeking professional assistance can be the first step towards a safer and more stable future.
How can we help you?
Our team of migration experts have years of experience in handling protection applications. We offer you:
- Detailed eligibility assessments.
- Assistance in preparing and submitting your application.
- Representation and support throughout the process.
- Advice on your rights and obligations in Australia.
If you need guidance on how to begin your Family Violence application process, contact us today for an initial consultation.
Frequently Asked Questions (FAQ)
No. Under the Family Violence Provision, your visa will not be cancelled simply because the relationship has ended due to violence. You have the right to continue pursuing your application for permanent residence.
To apply for the Family Violence Provision, you must submit evidence of the violence experienced during your visa application process or in an appeal process if your visa has been denied. Evidence may include reports from authorities (police, doctors, etc.) or sworn statements. It is advisable to work with an immigration attorney who can help you gather the appropriate documentation and present your case effectively, ensuring that all relevant information is well organized and supports your application.
Not necessarily. The Family Violence Provision is designed to protect your safety and privacy. The Immigration Department takes steps to handle these requests with discretion. However, in some cases, it may be necessary to verify information or contact certain parties involved, so it is advisable to seek the advice of an immigration attorney to better understand the specific processes.
It is not mandatory, but having an immigration lawyer can make the process easier, as they can help with the presentation of evidence and offer you professional guidance.
Yes, domestic violence is not limited to physical harm. Any behavior that causes emotional, psychological, or financial harm is also considered domestic violence and may be sufficient for a claim under this provision.
