Navigating the Australian immigration system can be a complex and daunting process, particularly for those facing challenging circumstances. This was the case for one of our clients, who was on a Temporary Partner Visa (Subclass 820) when his relationship broke down. Our client was subjected to various forms of abuse, excluding physical violence, by his sponsor. With minimal evidence initially available, our team at NB Migration Law guided him through obtaining the necessary documentation and successfully securing permanent residency (PR) within three months of submitting his application.
Key Strategies for Supporting Vulnerable Partner Visa Applicants
When relationships break down, especially in cases involving domestic and family violence, many visa holders are uncertain about their options and the steps they need to take. At NB Migration Law, we have developed a systematic approach to assist these vulnerable individuals, ensuring they understand their rights and the provisions available to them under Australian immigration law.
- Notification to the Department: One of the first steps we undertake is assisting our clients in notifying the Department of Home Affairs about the relationship cessation. This is a crucial step, as it ensures the Department is aware of the change in circumstances and can begin the process of assessing the new claims.
- Relationship Assessment: Before the Department evaluates the family violence claims, they must be convinced that the relationship was genuine and ongoing before it ended. Our role involves helping clients gather comprehensive evidence of the relationship, covering financial aspects, household and domestic arrangements, social aspects, and mutual commitment. This evidence is crucial in establishing the authenticity of the relationship.
- Guidance on Evidence Collection: For family violence claims to be valid under the migration legislation, clients need to provide either judicial or non-judicial evidence. This evidence must demonstrate that the violence occurred while the relationship was still active and that the perpetrator was the former sponsor. We assist clients in gathering necessary documents, such as police reports, medical records, and statements from psychologists or social workers, ensuring all required information is included before submission.
- Personal Statutory Declarations: We also support clients in drafting personal statutory declarations that detail their relationship with the former sponsor. These declarations provide a firsthand account of the abuse suffered and the circumstances leading to the relationship breakdown, offering vital context to the evidence submitted.
Challenges in Domestic Violence Immigration Cases
The immigration process for victims of domestic and family violence in Australia is fraught with challenges. Many visa holders are unaware of their rights and the support available to them, making it difficult to navigate the system without professional assistance. Additionally, the requirement to prove the genuineness of the relationship before assessing family violence claims adds another layer of complexity.
Victims of domestic violence are often in vulnerable positions, fearing for their safety and unsure of where to turn for help. The Australian Government provides provisions to support these individuals, ensuring they do not need to remain in unsafe relationships to stay in the country. However, accessing these provisions and presenting a compelling case to the Department requires careful planning and thorough documentation.
Advice for Those Facing Similar Situations
Based on our experience, we offer the following advice to individuals in similar circumstances:
- Understand Your Rights: Visa holders do not need to stay in abusive relationships to maintain their status in Australia. The family violence provisions under Australian migration legislation provide protection and support.
- Notify Authorities: If you are experiencing domestic violence, notify the Department of Home Affairs about the relationship cessation as soon as possible. This step is essential in beginning the process of assessing your claims.
- Gather Comprehensive Evidence: Collect as much evidence as possible to support your claims. This includes relationship evidence covering financial, household, social, and commitment aspects, as well as evidence of the abuse, such as police reports, medical records, and statements from professionals.
- Seek Professional Assistance: Navigating the immigration system can be challenging, especially in cases involving domestic violence. Seeking professional assistance from experienced migration lawyers can make a significant difference in the outcome of your case.
- Prioritize Safety: If you are in immediate danger, contact the police and seek help from medical professionals, psychologists, or social workers. Your safety is paramount, and there are support services available to assist you.
If you or someone you know is facing similar challenges with a partner visa application due to domestic violence, our team at NB Migration Law is here to help. We understand the complexities and sensitivities involved in these cases and provide compassionate and professional support. Book a complimentary consultation with our experienced migration lawyers today to discuss your situation and explore your options. Visit our website or contact us directly to schedule your appointment.
Navigating the complexities of the Australian immigration system, particularly in cases involving domestic violence, requires expertise and a compassionate approach. At NB Migration Law, we are committed to supporting vulnerable individuals through every step of the process, ensuring they receive the protection and assistance they need to secure their future in Australia.