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澳大利亚最大的独立移民律师事务所。7 天开放!在此预订。

需要帮助吗?我们的律师和移民代理每周7天都会提供帮助。

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Domestic Violence Partner Visa Lawyer

您不必继续保持暴力或虐待关系

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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预约免费咨询

请告诉我们您的情况,我们会尽快给您回复。请注意,所有免费咨询均为 30 分钟。

免责声明副本

谢谢您!您提交的材料已被收到!
哎呀!提交表格时出了点问题。

澳大利亚移民律师的区别

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固定价格

我们的服务没有任何隐藏的费用。我们的费用在收费协议中明确规定。

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直接与律师打交道

从第一次当日答复到获得签证,你都可以直接与律师联系。

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清晰的沟通

我们经验丰富的律师会定期向你提供最新信息,并对签证途径作出明确解释。

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满意度保证

我们提供与签证申请服务有关的客户满意度保证。

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可分期付款

某些签证类型可选择3-6个月的分期付款。

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什么是 "家庭暴力",您应该怎么做?

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:

  • 语言或情感虐待
  • Financial abuse/control
  • 身体虐待
  • 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.

遭受家庭暴力时申请伴侣签证的资格要求

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:

  • 已申请或持有临时伴侣签证(820 子类别)
  • Have applied for or hold a Provisional Partner visa (subclass 309), and you were in Australia under a COVID-19 visa concession
  • 持有准结婚签证(300 子类别),前提是您已进入澳大利亚并与担保人结婚

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

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为什么要继续申请合作伙伴签证?

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:

  • 无限期居住在澳大利亚
  • 通过医疗保险计划(Medicare)和国家残疾保险计划(NDIS)获得医疗保健和支持
  • 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
  • 司法证据(来自澳大利亚法院的法律证据)
  • 非司法证据(如医生、心理学家等提供的证据)

Steps to make a family violence claim for a Partner visa

如果您遭受家庭暴力并希望提出索赔,澳大利亚移民律师可以为您提供支持。

它将包括

  • Notifying the Department that your relationship has ended with your former partner
  • Guiding you to gather the required documents
  • 准备意见书和证明材料,解释所发生的事情和您的个人情况
  • 回应该部的要求。

澳大利亚移民律师可在提出家庭暴力索赔的各个阶段为您提供帮助,并对您的信息进行安全保密。

未来的签证途径

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.

使用澳大利亚移民律师申请伴侣签证的好处

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.

签证申请程序

申请澳大利亚的签证可能很复杂。在澳大利亚移民律师的帮助下,我们可以解开这个复杂的问题,并帮助你申请正确的签证。

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1.协商和参与

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2.准备和支持

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3.提交和沟通

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4.代表性和成功

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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.

我们努力让您尽可能地了解我们:

  • Most initial consultations are free; recurring services will incur a fixed fee that we will discuss with you
  • 您可以在澳大利亚任何地方通过 Zoom 等在线平台与我们进行咨询
  • 无论您处于合伙人签证程序的哪个阶段,我们都能为您提供帮助

认识您的澳大利亚移民律师

我们是一支拥有数十年经验的多元化专业团队。我们关心您的情况,并将确保您始终获得所需的支持和建议。

全澳服务

无论您身在何处,我们都能为您提供专业的移民建议和支持。澳大利亚境内的客户可以选择在我们的办事处或在线与我们会面,而境外客户则可以通过在线方式与我们联系。

FAQs about domestic violence Partner visas

我是家庭暴力的受害者,我该如何寻求帮助?

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.
  • 如需免费咨询家庭关系辅导员,请拨打 1800RESPECT 电话 1800 737 732。
  • 如果您需要免费口译服务,请致电 TIS National,电话:131 450。

我已获得一份医院报告和一份证人证词,它们是否足以作为家庭暴力索赔的依据?

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.

如果我能提出有效的家庭暴力申诉并获得永久签证,我的孩子是否也能获得永久居留权?

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.

如果我无法提供所有要求的文件怎么办?

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.

该部如何评估家庭暴力索赔?

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.

关于内容作者

Perry Q Wood
Perry Q Wood
合伙人--首席移民律师

Perry Q Wood 是澳大利亚行政法学会前任会长,也是澳大利亚顶尖的行政和移民律师之一。迄今为止,他参与了 1000 多起移民和难民事务。

预约免费咨询

请告诉我们您的情况,我们会尽快给您回复。请注意,所有免费咨询均为 30 分钟。