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Domestic and family violence is not acceptable in any circumstance. Please keep in mind that a partner (sponsor) who commits family violence cannot cancel their partner’s (applicant) visa, and the Department will not cancel a temporary partner visa merely because of a relationship breakdown. If you are experiencing family violence, you are advised to seek professional assistance to explore the options available to you, and whether you are eligible for a more permanent visa or partner visa under family violence grounds. We understand that you may have been going through a difficult time, as cases involving family violence are often complicated and emotional. Australian Migration Lawyers are able to help you understand your rights and obligations when it comes to family violence, as well as provide advice in relation to visa pathways. Family violence provisions aim to provide visa applicants with a glimmer of hope.
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Tell us about your situation, and we will get back to you shortly. Please note that all free consultations are 30 minutes.
Tell us about your situation, and we will get back to you shortly. Please note that all free consultations are 30 minutes.
There are no hidden costs for our services. Our fees are clearly set out in a fee agreement.
From the first same-day response to the granting of your visa, you’ll have direct access to a lawyer.
Our experienced lawyers will give you regular updates and clear explanations of visa pathways.
We offer a client satisfaction guarantee in relation to our visa application services.
3 - 6 months installment options available on some visa types.
Family violence is any conduct, whether aimed at you, your family, pets, or property, that makes you fear for the safety and well-being of you or your family members. Family violence provisions have laws in place that help the alleged victims with child welfare and give family members a chance at a better life. Family violence provisions sever ties between the people involved, cutting down on psychological abuse and forced isolation, and paving the path ahead for confidential counselling.
According to Regulation 1.21 of the Migration Regulations 1994 (Cth) and Section 4AB of the Family Law Act 1975 (Cth), examples of domestic and family violence include, but are not limited to:
If you are experiencing domestic and family violence and are unsure of your visa status, we encourage you to contact Australian Migration Lawyers. Lawyers can help determine family violence provisions.
Under Australia’s migration laws, there are certain circumstances where you may be eligible for a temporary Partner Visa if you have experienced domestic and family violence and you are no longer in a relationship with your sponsor.
The legislation specifies that the alleged victim of domestic or family violence occurred wholly or partly during your relationship, and the sponsor is the alleged victim or perpetrator of that violence. ‘Perpetrator’ refers to the person who commits domestic and/or family violence.
Although you fear your relationship has come to an end, you may be eligible for a permanent visa if you fear you have experienced family violence or are in immediate danger and:
You also need to meet mental health, social worker, and character requirements.
In many cases of family violence, sponsors take advantage of the vulnerability of temporary visa holders. Victims can be reluctant to raise their voices as they are afraid of damaging their relationships and fear they will be subject to deportation or visa cancellation. Therefore, the main purpose of family violence provisions is to protect and support victims suffering from domestic and family violence by enabling them to still be eligible for temporary Partner Visas even after a relationship has broken down due to family violence. Your visa status may be in jeopardy, which is why you should keep pursuing your permanent partner visa.
If you meet the eligibility requirement to apply for a permanent Partner visa, notwithstanding the breakdown of your relationship due to family violence, you might be granted a permanent Partner visa status, which allows you to:
Our lawyers can guide visa applicants through the process of collecting relevant information and evidence to support your family violence proposal. We will provide a detailed checklist of the key documentation required:
Australian Migration Lawyers can support you if you have suffered family violence and wish to make a claim.
It will include:
Australian Migration Lawyers can assist you at all stages of lodging a family violence claim and will keep your information safe and confidential.
The Department of Home Affairs may grant partner visa applicants temporary and/or permanent visas depending on their situation and associated evidence. There is no certainty that you can obtain permanent residency by pursuing your Partner visa, notwithstanding your relationship breakdown due to family violence.
If you are not eligible under the family violence provisions, Australian Migration Lawyers can also discuss and find other best visa options for you and your other family members.
The team at Australian Migration Lawyers has extensive experience in Australian migration law and family violence law. We are proud to work with a range of clients with high levels of success, and we do not shy away from complex cases, even those of family violence. At Australian Migration Lawyers, one of our key goals is to facilitate access to justice and we do this by representing individuals who entrust us with carriage of their migration affairs as well as deeply personal family violence matters.
Where possible, we work on a fixed-fee basis rather than billing hourly to provide our clients for family violence with certainty about the total costs associated with their application. We offer flexibility for our family violence clients with installment options available in some cases.
Book a free consultation with one of our qualified lawyers to get a quote on your family violence case.
Applying for a visa to Australia can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you apply for the right visa.
Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
We will prepare written submissions in support of your visa application. This will be based on your individual circumstances, and supported by evidence where appropriate.
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.
We will keep you informed about your application, and notify you of the outcome. If you receive an unfavourable outcome and we can reapply, we will!
There is no processing time information published by the Department for processing Partner visas where the relationship has ended and the visa applicant has reported family violence. However, once you notify the Department of the cessation of a relationship and lodge a family violence claim, the sponsorship application will be automatically removed from the system, and your application will be flagged for priority processing.
Australian Migration Lawyers has a legal team of qualified and experienced lawyers practicing in Australian migration law.
As lawyers, we cannot guarantee a successful outcome as no such guarantee exists. The decision rests with the Department of Home Affairs. However, we understand the complex circumstances our clients face, and we will make sure you always get the support and advice you need. No matter your case, we will take it up with home affairs, even under the grounds of family violence.
We strive to make ourselves as accessible as possible to you:
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We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
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We understand that it must be a very tough time for you and your partner and/or your family members. However, you are not alone in family violence. If you have suffered from family or domestic violence, a number of national support and confidential counselling lines are available to help you:
Although you can provide non-judicial evidence such as a medical report from a medical practitioner or a witness statement, they have to satisfy the criteria prescribed by the legislation. If they do not, the Department will not accept your evidence of family violence.
Please keep in mind that before assessing the family violence claim, the Department will assess your relationship prior to the first incident police report of family violence. Only if your relationship is found to be genuine and ongoing before the relationship has ended or ceased will you then be invited to provide evidence of family violence. They will also assess your mental health and overall family violence case before taking it on.
At Australian Migration Lawyers, we have a deep understanding of the legislative framework that operates in these circumstances and are able to make your application as comprehensive as possible. We help with family violence provisions.
Yes, your former partner and children will get permanent partner visas as well, providing that they are included as secondary applicants in your permanent partner visa application and they also meet the mental health requirements. Our goal is to help you with family violence provisions.
The Department understands your difficulties in gathering evidence, so they may give more time for you to submit those documents. However, submitting requested documents is still mandatory. This speeds up the family violence provisions process.
With respect to relevant family violence claims, the Department will carry out two assessments concerning the veracity of your relationship, assessing whether you were in a genuine and ongoing relationship with your former partner or child welfare sponsor before your relationship ceased and your family violence claims. This helps clarify family violence provisions for the long run.
Demonstrating a genuine relationship and submitting a valid claim of domestic violence are not easy tasks, as they require knowledge of family violence law, migration law and legal procedures. If the Department is not convinced that you were in a genuine relationship before the incident, they will not assess your family violence claim and won't grant you family violence provisions. Australian Migration Lawyers have experience in this area of law and have the capacity to provide you with clear, straightforward, and compassionate advice to reduce the stress associated with this process of receiving family violence provisions.
Perry Q Wood is the Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.
Tell us about your situation, and we will get back to you shortly. Please note that all free consultations are 30 minutes.
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