Domestic Violence is violent, abusive or intimidating behaviour by a partner, carer or family member aiming to control, dominate or cause fear. Domestic Violence is not always physical abuse. It can be emotional, psychological, financial, sexual or other types of abuse. Victims of domestic violence often require great courage to take the first steps towards leaving the relationship. When your Australian residency is dependent on your abusive partner’s support the situation feels even more difficult. If you are ready to remove yourself from the situation our migration agent Perth and migration agent Sydney are here to help. Request a confidential consultation with our Director and Principal Registered Migration Agent, Michelle Firth, MARN 0636086 and 0006808. Michelle has been a migration agent for over 16 years and has successfully obtained permanent residency for clients suffering domestic violence.
At Australian Visa Group, we have been approached by clients who hold Spouse 820 visas and have started suffering some form of abuse. Often the victims feel they do not have sufficient evidence to support their claims or they are unsure if their situation would even be considered domestic violence. Our migration agents are able to guide you through the process of obtaining the required evidence and statements to support your application. We will take the time to talk to you and fully understand what has been happening. We will explain the visa requirements and let you make the decision when to take the next steps. If you are ready to move forward, we will be there for you. We will work with you to present a strong application and request your 801 visa be granted even though your relationship has ended.
The family violence provisions allow certain people applying for permanent residence in Australia to continue with their application after the breakdown of their married or de facto relationship, if they or a member of their family unit have experienced family violence by their partner. The provisions were introduced in response to concerns that some partners might remain in an abusive relationship because they believe they may be forced to leave Australia if they end their relationship. Unfortunately these provisions do not cross over into other visa classes including temporary 457 visas. This is a situation that needs addressing by the Department of Immigration and Border Protection.
The family violence provisions apply to some permanent visas including spouse, partner, prospective marriage, business and permanent employer sponsorship. Inconsistencies apply however and not all visa holders can have access to these provisions. For instance, a Prospective Marriage Visa holder who arrives in Australia and before the date of their marriage suffers domestic violence cannot be granted a permanent visa if they leave that violent relationship. However, if that applicant marries their partner and then leaves the relationship, they can be granted a permanent visa. This encourages an applicant to remain in a violent situation in order to secure a different migration outcome. Technical issues such as this must be researched by a registered migration agent. If you or your family are suffering domestic violence please contact our migration agent in Perth or Migration Agent Sydney for a confidential consultation to assess your visa options. We support you in taking that first step and there is no initial consultation fee for clients in this situation. Contact Australian Visa Group, 1300 588 031
Further Information and Support
The Australian Government has developed a family safety pack with information on Australia’s laws regarding domestic and family violence, sexual assault and forced marriage. The family safety pack also includes important information about essential services and emergency contacts in Australia. The pack is translated into 46 languages.
Phone the 24 hour Domestic Violence Line on 1800 65 64 63.