Australia has long held an unwavering zero-tolerance stance on family violence. The Department of Home Affairs website describes family violence this way: “In Australia, family violence is unacceptable under any circumstances — family violence is a crime.” What should you do if you suffer family violence while your partner visa is being processed? Will reporting the violence affect your visa?
In fact, Australia’s migration policies and laws pay close attention to victims of family violence. In short, if you experience family violence during the processing of a partner visa and the relationship breaks down, Australia may, if certain conditions are met, grant you permanent residency early.
What is family violence?
Family violence is not limited to tangible physical harm. It may include:
– Physical violence
– Sexual assault
– Verbal or emotional abuse
– Controlling behaviour
– Stalking
– Forced isolation or economic exploitation, among others
What should you do if you suffer family violence while your partner visa is being processed?
Many people believe that once they have applied for a partner visa, their visa and fate are necessarily in the hands of the sponsor. But in consideration of family violence victims — a vulnerable group who do not dare speak out for fear of jeopardising their visa — the Australian government encourages victims of family violence to have the courage to come forward and report to the police or seek other assistance, so that they can escape this dangerous and violent situation as soon as possible.
Applicable situations
Under the Migration Regulations, the “family violence” provisions apply to onshore and offshore partner visas, including subclass 820/801/309/100/300 and others. In these cases, if the partner relationship breaks down as a result of family violence, the applicant may be able to obtain permanent residency early. See the specific situations below:
1. If the applicant entered Australia on a Prospective Marriage (Fiancé) temporary visa (subclass 300) and married their partner within the validity of that visa, and suffered family violence during the relationship, and the applicant had already applied for a subclass 820 visa before the end of the partner relationship, then, if they meet the relevant requirements, the applicant may be granted permanent residency directly.
2. If the applicant has already lodged an onshore temporary partner visa (subclass 820), and the partner relationship has broken down because the applicant or their child suffered family violence from the sponsor, then, if they meet the relevant requirements, the applicant may be granted permanent residency directly.
3. If the applicant holds an onshore temporary partner visa (subclass 820) and has applied for the permanent partner visa (subclass 801), and the applicant or their child has suffered family violence, then, if they meet the relevant requirements, the applicant may be granted permanent residency directly.
4. If the applicant holds an offshore temporary partner visa (subclass 309) and, after the visa is granted, enters Australia on that visa, and the applicant or their child suffers family violence and the partner relationship breaks down, then, if certain conditions are met, the applicant may be granted permanent residency directly.
Relevant conditions
Under the requirements, the applicant must demonstrate:
1. Before the partner relationship broke down, the relationship between the applicant and their partner must have been genuine and subsisting.
2. The family violence against the applicant or other family members must have occurred during the subsistence of the partner relationship.
Providing evidence
1. Court documents (provide one)
a. A court injunction issued against your partner under family law
b. A court order issued against your partner under state or territory law
c. A court record of conviction
d. A record of guilty plea
2. Non-judicial evidence
If you do not have court documents and cannot provide a joint undertaking, you may submit a statutory declaration and official documents. If you choose this option you must provide at least two of the following documents, which may include:
– The applicant’s medical report, hospital report, etc.
– A statutory declaration, report, record of assault, or witness statement from a witness to the family violence.
– A report or statutory declaration from a child welfare authority or a state or territory child protection authority.
– A letter on letterhead or an assessment report provided by a women’s refuge or a family/domestic violence crisis centre.
– A statutory declaration provided by a social worker.
– A statutory declaration from a registered psychologist who has provided treatment to the victim.
– A statutory declaration from a family counsellor.
– A letter on school letterhead or a statutory declaration from a school counsellor or principal, etc.
Finally
Australia holds a zero-tolerance stance on family violence. Do not stay silent and endure family violence out of fear for your visa or permanent residency. In Australia, given the vulnerable position of victims, the law and policy provide a degree of protection. If you are experiencing family violence and your partner relationship has broken down but you are worried about your visa status, be sure to seek professional assistance — we can help you make the best choice.
