Understanding Family Violence and How It May Affect Your Partner Visa
If you are awaiting a decision on your Partner (subclass 820/801) visa and Offshore (subclass 100) visa application, it is crucial to understand your options even if you separate from your Australian sponsor.
The Australian Government takes domestic violence seriously. According to the family violence provisions, if you are in Australia holding or applying for a partner visa, you may still be eligible for a permanent partner visa even if your relationship with your partner has ended due to domestic violence.
What Is Family Violence and its Actions?
It is important that once you recognize that you might be in a relationship affected by family violence or domestic abuse, you do not remain in the relationship until a visa decision is made. This is because you can still be granted your partner visa if your relationship had ended due to family violence. Any of the following may be considered to be family violence actions:
Physical abuse: Such as physical harm or threats.
Emotional and psychological abuse: Including intimidation or undermining your partner’s self-worth.
Sexual harassment: Inappropriate sexual conduct or withholding consent.
Social abuse: Such as forcing isolation from family and friends.
Verbal abuse: Hurtful or derogatory language.
Economic abuse: Preventing a partner from working or controlling finances, leading to financial dependency. This includes taking full control of finances and withholding resources like food and clothes.
Property damage: Intentional destruction of personal belongings.
Spiritual abuse: Manipulating religious beliefs or practices, such as barring a person from their religious practice, manipulation using religious beliefs, and insulting a person’s religious belief.
How do I Report the Relationship Breakdown?
It is highly encouraged to seek legal advice or assistance if you are experiencing family violence in your relationship. Below is a guide on the next steps to report the relationship breakdown:
Reach out for legal assistance as soon as your relationship breaks down.
Notify the department about the changes in your circumstances. This notification may require supporting evidence, such as a police report or a health report by a healthcare professional.
Preparing statutory statements incorporating any evidence, such as emails, text messages, photos, and videos that demonstrate the occurrence of violence.
How Can Agape Henry Crux Help
It is crucial to prioritise your safety above all else. At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin and Malay. If this isn’t your language, we can also help you arrange an interpreter.
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.