In some cases, where there has been family violence, a visa can be granted to a partner (and children) even if the relationship ends.
- Act now. As times passes it is harder to prove your case and convince people to help you.
- Get legal advice. The advice of an experienced lawyer can make a big difference.
- You do not have to go to court, but that is an option
- Winning a case of this kind depends on how good the evidence is.
- These cases can sometimes take years to resolve
- Keep all evidence you have that your relationship with was real; Immigration may demand that during the process.
“Family violence” has a special meaning in Immigration Law:
Conduct by your partner (whether actual or just threatened) against you or your property that causes you to reasonably fear for or be reasonably apprehensive about your well-being or your safety.
This is a simplified explanation of the law. ‘You/your’ includes other members of your family unit, such as children.
The definition of ‘family violence’ is very wide and can include many types of abuse:
- Threats that are never carried out
- Damage to your property
- Slamming doors, throwing objects or hitting walls
- Emotional blackmail and controlling behaviour
as long as the behaviour reasonably caused you fear/apprehension about your well-being or safety.
Family violence is also known as domestic violence.
If you have applied for one of these visas,
- Partner (100)
- Partner (801)
- Partner (820)
- Dependent Child (445) n the Extended Eligibility visa class,
- Distinguished Talent (858)
and are a victim of family violence by another person who is part of the application (normally your partner) a visa can be granted on family violence grounds.
The Prospective Marriage Visa (fiancé visa) has no family violence provision. Fiancés can only be granted a visa on family violence grounds if their case has progress to ‘stage 2’ (who is a Partner 820 application). These situations can be very complex; contact us for advice.
There are a number of visas that can no longer be applied for, but are still in the system and also allow a family violence claim to result in a visa grant. These are: Interdependency (110), Interdependency (814), Interdependency (826), Prospective Marriage Spouse (831), Business Owner (840), Senior Executive (841), State/Territory Sponsored Business Owner (842), State/Territory-Sponsored Senior Executive (843), Investment-linked (844), Established Business in Australia (845), State/Territory-Sponsored Regional Established Business in Australia (846), Resolution of Status (851) but pre-9/8/2008 applications only, Labour Agreement (855), Employer Nomination Scheme (856), Regional Sponsored Migration Scheme (857).
Men can be the victims of family violence. The Australian Government’s immigration policy comments that males with visas tend to make more claims of family violence than other males in the community. While there could be many legitimate reasons for this, the government uses this statistic as a reason to assess claims by men more skeptically. If you are male we strongly recommend legal representation if you wish to claim a visa on family violence grounds.
This page comments on the current law, that applies to family violence claims first made on or after 24 November 2012. If you need advice on the old law, please contact us.
We have many years experience in managing cases of family violence. We can help you in many ways:
- Advice on how to be safe
- Referring you free services, which can help you
- Legal advice about how to convince the Australian Government to give you a visa on family violence grounds
- Deal with the Australian Government for you
- Help you prepare the necessary evidence
- Warn you about issues & hazards inherent in the process
- Guide you until the whole process is complete