How does family violence affect your application for a Partner visa?

By Cindy Zhao
Solicitor & Registered Migration Agent

The family violence provisions mean that if you are in Australia holding or applying for a partner visa, you still could be granted a permanent partner visa if your relationship with your partner (sponsor) has ceased due to family violence committed by your sponsor.

You do not have to stay in an abusive relationship to stay in Australia. Domestic violence is a serious crime and we strongly encourage anyone experiencing domestic violence and/or abuse to seek help and report the abuse to the appropriate authorities. We understand that many individuals experiencing family and domestic violence do not feel safe reporting these crimes, therefore we also encourage you contact the following services for confidential advice and support:

How to get help

In an emergency call the police on triple zero (000)

DVConnect Womensline

Phone: 1800 811 811

(24 hours, 7 days a week)

Womensline helps women to obtain safe refuge accommodation, confidential counselling and referral to other services.

DVConnect Mensline

Phone: 1800 600 636

(9am to midnight, 7 days a week)

Mensline provides confidential counselling, information and referral to men affected by domestic and family violence.

Kids Helpline

Phone: 1800 55 1800

(24 hours, 7 days per week)

Lifeline

Phone: 13 11 14

(24 hour Crisis Counselling Line)

*Queensland Government – For more information and to know what services are available, click here

A recent case

A client who was holding a subclass 820 partner visa and had received a natural justice letter from the Department intending to cancel her visa as her sponsor had informed the Department that their relationship had broken down. She had suffered from extensive family violence but there were no final judicially determined intervention order against her partner. The case was complicated as the applicant had been accused of being the perpetrator. Our migration lawyer provided extensive evidence and a strong submission to prove that the applicant was actually the victim of the domestic violence therefore met the requirement of the family violence provision in the migration regulation. As a result, the applicant was successfully granted a permanent partner visa.

If you need assistance in the area, please feel free to contact Crouch & Lyndon Lawyers on 07 3221 2527 or czhao@crouch-lyndon.com.au