Partner Visa Granted Despite Messy Relationship and Family Violence
Background Story
The client experienced episodes of family violence in the form of verbal abuse, threats, humiliation etc. throughout her relationship her Australian partner but she was not aware that this was family violence as it did not involve physical violence.
Another form of abuse she suffered from was financial abuse where her partner would constantly ask her for money for his own mismanagement of finance.
The client was always afraid of her partner as her partner was well-known in their small community and also the threats that she would make throughout the relationship.
Their breakup was messy in that they ‘broke up’ but for the next few months they maintained contact and they worked hard to try and reconcile their relationship.
The client remained undecided as to what she wanted to do and continued to change her mind as to whether she wanted to pursue the lodged partner visa or whether to let it be refused. She was holding a Bridging visa A as neither the Subclass 820 nor Subclass 801 had been decided.
Our Assessment
Based on our assessment, we advised her that she could still pursue the partner visa and that it could still be granted on the basis that she suffered family violence.
Although she had no evidence of this family violence, we could guide and teach her what can be prepared.
Our Successful Story
The client took our advice and started to enquire with the necessary professionals to obtain the evidence to support family violence claims. We continued to assist her in the revision of professional reports and also liaised with these professionals to ensure that they knew what type of report we needed.
We notified the Department in June 2020 of the breakdown of the relationship and addressed the family violence provisions shortly after in July 2020. It took approximately one (1) month to prepare a 300+ legal submission to address this.
2 months later, in September 2020, the client was granted with both the Subclass 820 and Subclass 801 visa at once, meaning she became a permanent resident!