Partner (Subclass 801) Visa Granted Due to Family Violence Provisions

Background Story

• The applicant lodged a Partner Visa (Subclass 820/801) in early 2024.

• After lodging the visa, the applicant started to be subjected to severe and continued emotional abuse from her partner, and it soon became clear that their relationship could not continue due to domestic violence from the sponsor.

• The applicant contacted AHC Lawyers for assistance with a new visa pathway. The team successfully applied for a Partner (Subclass 801) visa using the family violence exceptions.

Related:

• How to identify that you are experiencing family violence?

• Family violence provisions to extend to more visas

Examples of Family Violence 

The sponsor had an issue with alcohol consumption and damaged many of the applicant’s possessions, such as her car, when the sponsor was enraged. The sponsor had also become increasingly paranoid, threatening to burn the applicant if he found out that the applicant was lying to him and unfaithful. The sponsor complained about the applicant to their mutual work colleagues and these colleagues had spread false rumours of the applicant’s infidelity, leaving her feeling isolated at work and at home. Manipulation from the sponsor also extended to controlling aspects of the applicant’s life as he told her that she couldn’t go to the gym after work. The fact that the sponsor was her supervisor at work further complicated the situation. 

However, the applicant felt conflicted as she felt indebted to the partner for giving her a job and helping her apply for permanent residency (PR). The sponsor also alternated between periods of showing affection and anger, leading to her trying to make amends initially. The applicant called the domestic violence hotline at 1800RESPECT for help and decided that she wanted to end her relationship after learning that her sponsor’s actions amounted to domestic violence. She came to AHC Lawyers for advice on how to navigate around the family violence provisions for a partner visa. 

 Providing Non-Judicial Evidence of Family Violence 

There are two main ways to establish family violence – through a judicial determination or by providing extensive non-judicial evidence such as reports from social workers and other professionals.

We understand that many clients do not want to go through the difficult, long and expensive process of going to court, so the latter was the approach we used for the applicant. Accepted forms of non-judicial evidence can be found under LIN 23/026.

To prove that family violence had occurred, we asked for a psychologist report detailing the effects on the applicant’s mental health. The report outlined the impact of the family violence on the applicant’s self-confidence and the presence of symptoms relating to depression and stress. 

We also obtained a letter from her doctor detailing the alleged acts of family violence and a mental health treatment plan. We supplemented the applicant’s application with a substantial amount of supporting evidence from friends and family reaffirming her claims of family violence. Extensive and detailed legal submissions were prepared using this evidence to help convince the Department of Home Affairs that the applicant had experienced serious domestic violence. 

Additionally, although the applicant had separated from her sponsor, we had to provide extensive proof that they were in a genuine relationship prior to the family violence occurring – essentially showcasing the ‘four pillars’ of their relationship. Due to the inherent difficulty in convincing a delegate that they have been in a serious committed relationship with someone and at the same time convincing them that they had ended the relationship, the family violence provisions can be difficult to navigate. 

Success Outcome

After submitting the evidence to the Department last year, we recently received the good news that our applicant’s permanent partner visa had been granted. The applicant was delighted with the outcome. 

Our firm has extensive experience in successfully navigating clients through the partner visa application process, even in difficult situations such as instances of family violence. If you need assistance with a partner visa matter, please do not hesitate to contact our team so that we can discuss your case further.