How to be Qualified for Family Violence Provision for Visa Applications?

Since the Australian government has expanded its family violence provisions for certain visa subclasses. Additionally, if you have identified that you are experiencing family or domestic violence and you believe that your safety and well-being are at risk, then it is highly suggested to seek professional guidance and support to understand if you qualify for these protections, which can be important to maintain their rights and well-being during the immigration process.

What Visa Holders Are Eligible for Family Violence Provision?

The family violence protection provision includes these visa subclasses listed below:

In What Scenario am I Eligible for A Visa Pathway under the Family Violence Provision?

#Scenario 1

The applicant lives with their de facto partner or spouse. The couple have been together for a few years. The applicant is currently on a Skills on Demand (subclass 482) visa as a secondary applicant dependent on the partner’s visa. However, their relationship started to break down in the last few months. The applicant was thinking of breaking up with their partner. However, the applicant is wondering if they have any options to keep their current visa or pursue alternative visa options as a former dependent of their abusive ex-partner under the family violence provision. In this circumstance, the applicant is ineligible for visa pathways under the family violence provision due to the visa they are holding. Hence, they are recommended to seek professional guidance to identify which other visa options the applicant is eligible to apply.

#Scenario 2

The applicant currently holds an Onshore Partner Visa (subclass 820) and is waiting for the Department to decide on their Partner Visa (subclass 801) visa application. However, the applicant has been experiencing signs of family / domestic violence through verbal abuse, and the sponsor has been getting more control in the relationship. The applicant is thinking of leaving the relationship but is unsure what the best next steps are. This applicant is eligible for the family violence provision and may be granted a permanent (PR) visa even if the relationship has broken down.

How Can Agape Henry Crux Assist

While breakups can be challenging, it is important for visa applicants to know their options and the consequences. Reach out to our team of immigration lawyers and registered migration agents to meet your objective. The team works with 2 of our Accredited Specialist Immigration Lawyers at Agape Henry Crux. The team specialises in handling highly complex matters. 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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