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Domestic Violence Partner Visa Lawyer

You do not have to remain in a violent or abusive relationship

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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預約免費諮詢!

請告訴我們您的情況,我們會盡快回覆您。請注意,所有免費諮詢均為 30 分鐘。

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澳洲移民律師的差異

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固定價格

我們的服務沒有隱藏費用。我們的費用在收費協議中清楚列明。

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直接與律師交易

從第一個當天回復到授予簽證,您將可以直接聯繫律師。

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清晰的溝通

我們經驗豐富的律師將定期為您提供簽證途徑的最新資訊和清晰的解釋。

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滿意保證

我們為簽證申請服務提供客戶滿意度保證。

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分期付款可用

某些簽證類型提供3 - 6個月的分期付款選項。

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What is ‘family violence’ and what should you do?

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:

  • Verbal or emotional abuse
  • Financial abuse/control
  • Physical abuse
  • Psychological abuse
  • Sexual assault/abuse
  • Forced isolation
  • Dowry related abuse

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.

Eligibility requirements for a Partner visa if you have experienced family violence

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:

  • Have applied for or hold a Temporary Partner visa (subclass 820)
  • Have applied for or hold a Provisional Partner visa (subclass 309), and you were in Australia under a COVID-19 visa concession
  • Hold a Prospective Marriage visa (subclass 300), providing that you have entered Australia and married your sponsor

You also need to meet mental health, social worker, and character requirements.

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Why should you continue pursuing your Partner visa?

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:

  • Live in Australia indefinitely
  • Access health care and support through Medicare and the National Disability Insurance Scheme (NDIS)
  • Work without restriction and have an Australian minimum wage guarantee under a temporary Partner Visa
  • Pay domestic student fees at Australian education providers
  • Apply for Australian citizenship once you meet residence requirements after a temporary Partner Visa
  • Sponsor family to come to Australia under the relevant programme

Document checklists for a domestic violence Partner visa application

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:  

  • Financial documents for visa applicant
  • Household arrangements documents for visa applicant
  • Birth certificate for visa applicant
  • Relationship documents for visa applicant
  • Police report for visa applicant
  • Judicial evidence (legal evidence from an Australian court)
  • Non-judicial evidence (e.g. from a medical practitioner, psychologist etc)

Steps to make a family violence claim for a Partner visa

Australian Migration Lawyers can support you if you have suffered family violence and wish to make a claim.

It will include:

  • Notifying the Department that your relationship has ended with your former partner
  • Guiding you to gather the required documents
  • Preparing submissions and supporting material to explain what has happened and your individual circumstances
  • Responding to the Department’s request(s).

Australian Migration Lawyers can assist you at all stages of lodging a family violence claim and will keep your information safe and confidential.

未來的簽證途徑

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.

Benefits of using Australian Migration Lawyers for Partner visa applications

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.

  • Our team is made up of qualified Australian lawyers who are capable of assisting your visa application, or family violence case, understanding your eligibility and advising on the best migration options and strategies available to you.
  • As lawyers, we strive to ensure that your application is compliant with all legislative requirements in your family violence case. 
  • We assist you with preparing your application all the way through to the grant of your visa on the grounds of family violence, including working with you to action any additional requests from the Department of Home Affairs.
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Application costs for a domestic violence Partner visa

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.

簽證申請流程

申請澳大利亞簽證可能很複雜。在澳大利亞移民律師的説明下,我們可以解開這種複雜性,並説明您申請正確的簽證。

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1.諮詢與參與

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2.準備與支援

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3.提交與通訊

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4. 代表性和成功

預約諮詢

Processing times for domestic violence Partner visas

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.

Considerations for a domestic violence Partner visa application

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.

我們努力讓您盡可能接近自己:

  • Most initial consultations are free; recurring services will incur a fixed fee that we will discuss with you
  • You can have a consultation with us from anywhere in Australia via online platforms such as Zoom
  • 無論您處於合作夥伴簽證程序的哪個階段,我們都能為您提供協助

與您的澳洲移民律師會面

我們是一支擁有數十年經驗的多元化專業團隊。我們關心您的情況,並確保您始終獲得所需的支持和建議。

澳大利亞範圍內的服務

無論您身在何處,我們都能為您提供專業的移民建議和支援。澳洲境內的客戶可以選擇在我們的辦公室或線上與我們會面,而境外的客戶則可以線上與我們聯絡。

FAQs about domestic violence Partner visas

I am the victim of family violence, how can I seek help?

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:

  • In an emergency or life-threatening situation, please call the Police on 000
  • For financial assistance, please reach out to the Australian Red Cross.
  • For a free session with a family relationship counsellor, call 1800RESPECT on 1800 737 732
  • If you need a free interpreter, call TIS National on 131 450

I have obtained a hospital report and a witness statement, would they be sufficient for a family violence claim?

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.

If I can make a valid family violence claim and am granted a permanent visa, will my children get permanent residency as well?

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.

What if I cannot provide all requested documents?

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.

How does the Department assess family violence claims?

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.

關於內容作者

Perry Q Wood
Perry Q Wood
合夥人 - 主要移民律師

Perry Q Wood 是澳洲行政法學會前任會長,也是澳洲頂尖的行政和移民律師之一。迄今為止,他已參與 1,000 多項移民和難民事宜。

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請告訴我們您的情況,我們會盡快回覆您。請注意,所有免費諮詢均為 30 分鐘。