Family Violence

Support for Those Facing Family Violence

You are not required to remain in a violent or abusive relationship. Domestic and family violence is unacceptable under any circumstances.

It’s important to understand that a sponsor who engages in family violence cannot cancel their partner’s (applicant’s) visa. Additionally, the Department of Home Affairs will not cancel a temporary partner visa solely due to a relationship breakdown.

If you are experiencing family violence, we strongly encourage you to seek professional support to explore your options and determine your eligibility for a partner visa.

At Expert Migration Lawyer, we recognize the complexity and emotional challenges associated with family violence cases. Our team is here to help you understand your rights and obligations while guiding you through visa pathways that may be available to you.

Your safety and well-being are our priority, and we are committed to providing compassionate and informed legal support during this difficult time.

What is Family Violence, and What Actions Should You Take?

Family violence refers to any behavior directed at you, your family, pets, or property that instills fear for your safety and well-being or that of your loved ones.

As outlined in Regulation 1.21 of the Migration Regulations 1994 (Cth) and Section 4AB of the Family Law Act 1975 (Cth), examples of family violence include:

Verbal or emotional abuse
Financial abuse or control
Physical abuse
Sexual abuse

If you are facing family violence and are uncertain about your visa status, we encourage you to reach out to Expert Migration Lawyer for guidance and support.

Partner Visa Eligibility After Experiencing Family Violence

Australian migration laws provide provisions for individuals who have experienced family violence to be eligible for a Partner Visa, even if their relationship with the sponsor has ended.

To qualify, the law requires that the family violence occurred entirely or partially during your relationship and that the sponsor was the perpetrator. The term ‘perpetrator’ refers to the individual responsible for domestic or family violence.

Even after the end of your relationship, you may still be eligible for a permanent visa if:

You have experienced family violence and:
- Hold or have applied for a Temporary Partner visa (subclass 820)
- Hold or have applied for a Provisional Partner visa (subclass 309) under COVID-19 visa concessions
- Hold a Prospective Marriage visa (subclass 300), provided you have entered Australia and married your sponsor
You meet the health and character requirements

Expert Migration Lawyer can provide compassionate and professional advice to help you navigate these complex situations and explore your visa options.

Why Continue with Your Partner Visa Application?

In many cases, sponsors may exploit the vulnerability of temporary visa holders. Victims often hesitate to speak up due to fears of jeopardizing their relationships or facing deportation or visa cancellation. To address this, the family violence provisions aim to protect and empower individuals experiencing domestic and family violence. These provisions ensure that victims remain eligible for a Partner visa even after the breakdown of their relationship due to family violence.

If you meet the eligibility requirements, you may still be granted a permanent Partner visa, which provides the following benefits:

Live in Australia indefinitely
Access healthcare and support services through Medicare and the National Disability Insurance Scheme (NDIS)
Work without restrictions and enjoy the Australian minimum wage guarantee
Pay domestic student fees at Australian education providers
Apply for Australian citizenship once you meet residency requirements
Sponsor family members to come to Australia under relevant visa programs

By continuing with your Partner visa application, you can secure stability and access a wide range of opportunities in Australia despite the challenges you may have faced.

Steps to Lodge a Family Violence Claim

If you have experienced family violence and wish to make a claim, Expert Migration Lawyer can provide comprehensive support. Our process includes:

Notifying the Department of Home Affairs about the end of your relationship.
Assisting you in gathering required documents and evidence.
Preparing detailed submissions and supporting materials to explain your circumstances and experiences.
Responding promptly to any requests from the Department.

At Expert Migration Lawyer, we ensure your information remains confidential and secure throughout the process. We are here to guide you every step of the way.

Exploring Future Visa Pathways

The Department of Home Affairs may grant temporary or permanent Partner visas based on your situation and the evidence provided. While permanent residency cannot be guaranteed after a relationship breakdown due to family violence, we will assess your eligibility and discuss alternative visa options for you and your family if needed.

Why Choose Expert Migration Lawyer for Your Partner Visa Application?

Extensive Migration Law Expertise: Our team has years of experience and a high success rate in handling complex visa applications.
Personalized Advice: We assess your eligibility and provide tailored migration strategies.
Compliance Assurance: We ensure your application aligns with all legislative requirements, improving your chances of success.
End-to-End Support: From preparing your application to addressing additional Department requests, we are with you throughout the process.

Cost Transparency

Fixed-Fee Approach: We offer clear and upfront pricing to ensure transparency, avoiding hourly billing.
Flexible Payment Options: In some cases, instalment plans are available for your convenience.

Start Your Journey

Book a free consultation with one of our experienced migration consultants to discuss your case and receive a personalized quote. Expert Migration Lawyer is here to help you navigate the complexities of Australian migration law.

How Expert Migration Lawyer Can Help You

At Expert Migration Lawyer, we understand the sensitive and challenging nature of family violence cases. Our team is committed to providing compassionate and professional legal assistance to ensure your safety and support your visa application process.

Here’s how we can help you:

1. Confidential and Secure Guidance

We prioritize your safety and confidentiality throughout the process. Our team handles your case with the utmost discretion, ensuring that your information remains secure.

2. Tailored Migration Advice

Every case is unique, and we take the time to understand your specific situation. Our migration lawyers provide personalized advice to help you identify the most suitable visa options based on your circumstances.

3. Comprehensive Documentation Support

We assist you in collecting and organizing the necessary evidence and documents to strengthen your family violence claim. This includes police reports, medical records, and affidavits from witnesses or support services.

4. Preparation of Submissions

Our team prepares detailed submissions to the Department of Home Affairs, clearly explaining your experiences and circumstances to support your claim effectively.

5. Advocacy and Representation

We act as your representative, ensuring that all communication with the Department of Home Affairs is handled professionally. Our team is experienced in responding to requests for additional information and addressing any concerns raised by the Department.

6. Alternative Visa Pathways

If you are not eligible for a permanent Partner visa after a relationship breakdown, we explore alternative visa pathways for you and your family. This includes evaluating your eligibility for other types of visas that align with your goals and circumstances.

7. Ongoing Support

From start to finish, we stand by your side. Our goal is to provide you with clarity, confidence, and expert guidance throughout the process, helping you achieve the best possible outcome for your case.