Does domestic violence affect immigration status?
Family violence is a crime in Australia
You and your family members do not have to remain in a violent relationship to stay in Australia
3 Categories Family Violence
Family violence is any behaviour that is violent, threatening, and coercive or controlling that makes you fear for your safety and wellbeing.
Following behaviours are forms of domestic violence
- Physical or psychological abuse or harm
- Forced sexual relations
- Forced isolation or economic deprivation, including dowry-related abuse
Q1. Can I still be granted my partner visa grant if our relationship breaks down due to domestic violence?
You are currently on one of the following visas:
- You have married your spouse while on a Prospective Marriage visa (subclass 300) and have applied for a Partner visa (subclass 820) in Australia
- You have applied for a temporary Partner visa (subclass 820)
- You have entered Australia on a Provisional Partner visa (subclass 309)
- You and/or your children have experienced family violence and your relationship has ended.
Q2. What evidence do I need to provide to show I have experienced family violence?
Evidence fact sheet
- A court order such as, an apprehended violence order, domestic violence order, family violence restraining order taken out against your partner
- Form 1410 – Statutory declaration for family violence claim and at least two of the following:
Type of evidence
Who can provide it?
· Medical report
· Hospital report
· Discharge summary
· Police report
· Registered doctor
· Registered nurse
· Police officer
Detail any incident/s of family violence
Detail the physical injuries or treatment for health issues because of the family violence
· Statutory declarations
· Letter of assessment report
· Member of a registered wellbeing centre
· Registered psychologist/ counsellor
· School counsellor/ principal
Identify the alleged victim/perpetrator
Detail any incident/s of family violence and reason for their opinion
Detail fear for any of the family members within the household
Detail any treatment or counselling received by the alleged family member because of the family violence
To prove that your relationship was genuine and continuing until the family violence occurred, it may also be useful to provide as much of the following:
Partnership relationship evidence
- Marriage Certificate, or evidence of de facto relationship (such as Civil Partnership Certificate)
- Any written relationship statement/documentation used for your previous partner visa application
- Any other relevant relationship evidence you wish to add.
Domestic violence evidence
- Evidence of communication (e.g. text messages, emails, voice recordings)
- Any prescriptions of medications that you take/may have taken because of the family violence
- Statement written by you:
- This must set out the genuine and continuing nature of your relationship with your spouse until the family violence occurred, and
- The circumstances to the effect of the family violence you have suffered.
Evidence could include following:
- Family violence against you or your family member has taken place
- You and your partner were in a genuine and continuing relationship until the first occurrence of family violence
- You would have continued to be with your partner, but your relationship has broken down due to family violence
Q3 Where Can I find Support for Family Violence Victims
For professional counselling and support, contact the National Sexual Assault, Domestic and Family Violence Counselling Service. The service is available all day, every day.
- visit 1800RESPECT.org.au
- phone 1800RESPECT (1800 737 732)
- 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.
Need help with getting Australian Visas?
NO BORDERS LAW GROUP: #1 TRUSTED MIGRATION AGENTS
Email: [email protected]
Tel: +61 (07) 3876 4000
We will help applicants by exploring your visa options and securing the application. If your would like to discuss applicants visa options and evaluate the pathway to permanent residency, please enquire or book a consultation to get expert advice with one of our knowledgeable and experienced Migration Agents/Lawyers on 07 3876 4000 or email: [email protected].