Family Violence Provisions

Domestic and family violence and your visa

Overview

Call 000 in an emergency. If you or someone you know is in danger call the Police on 000. Police in Australia are safe and can be trusted. We cannot help you in an emergency.

The Australian Government has zero tolerance for domestic and family violence against anyone. This includes permanent and temporary visa holders.

You do not need to stay in a relationship where you do not feel safe in order to stay in Australia.

Department of Home Affairs (DHA) may consider you for the family violence provisions under migration legislation if you have experienced domestic and family violence (family violence) and you are no longer in a relationship with your sponsor.

You may be eligible for a permanent visa if you:

have applied for a Temporary Partner visa (subclass 820)
are in Australia and have applied for a Provisional Partner visa (subclass 309)
have applied for a Dependent Child visa (subclass 445). You must be the dependant of a visa-holding parent who applied for family violence provisions.
are a secondary visa applicant for a Distinguished Talent visa (subclass 858). The primary visa holder must already hold their permanent visa.
hold a Temporary Partner visa (subclass 820)
hold a Provisional Partner visa (subclass 309) granted outside Australia. You must have entered Australia on a current Provisional Partner visa (subclass 309)
hold a Provisional Partner visa (subclass 309) granted in Australia
hold a Prospective Marriage visa (subclass 300) or previously held a Prospective Marriage visa (subclass 300) and are currently not the holder of a substantive visa. You must have married your sponsor while you held the Prospective Marriage (subclass 300) visa. You must be in Australia and apply for the Partner visa (subclasses 820 and 801).

In order to be eligible to apply under the provisions, the family violence, or part of the family violence, must have occurred during your relationship with your sponsor.

Your sponsor must be the perpetrator of the family violence you have experienced.

What is family violence?

Domestic and family violence is unacceptable in any form.

Domestic and family violence is any conduct that makes you fear for your or your family’s safety and wellbeing. It may be directed at you, your family, pets or property.

Physical Abuse

Description

Physical violence is any violent behaviour or threats of violence. It can be directed at you, your children, other family, friends, pets or property.

This can include:

hitting, punching, pulling by the hair, choking, pinching, pushing, stabbing or restraining you in any way (physical injuries are often directed at parts of the body that other people will not see)
using weapons to frighten you
causing damage to property
not letting you sleep, eat, or take your medication.

Sexual Abuse

Description

Sexual abuse is unwanted sexual activity.

This can include:

forcing you to have intercourse when you do not want to (either with your partner or other people)
making you engage in sexual practices or acts you are not comfortable with (either with your partner or other people)
making you wear clothes you are not comfortable with
making you watch sexual acts you do not want to, including on digital devices.

Verbal abuse or emotional abuse

Description

Emotional abuse is any behaviour that makes you feel worthless and put down.

This can include:

threatening your life, or that of your family or pets
calling you abusive or insulting names or names that are culturally offensive
harassing or threatening you
saying things to frighten you, for example telling you that the children will live with him/her if you leave
undermining you as a parent in front of the children
threatening you with respect to immigration status or deportation
coercive control, which is patterns of behaviour that seek to isolate, manipulate and control your everyday life.

Social abuse

Description

Social abuse is behaviour that aims to cut you off from your family, friends, or community.

This can include:

insulting you in public and in front of community members
not letting you attend community events
not letting you use community organisation, programs and/or services
putting you down in front of others
lying to others about you
isolating you from your community and family
isolating you from those people who do support you
not letting you visit a doctor on your own
controlling your life; not letting you have a life outside the home
tracking and monitoring movements and social interactions, including using devices and social media.

Financial Abuse

Description

Financial abuse is behaviour limiting your access to money.

This can include:

controlling the money so you are dependent on them
forcing you to sign for loans or contracts
questioning you about purchases you make or where you spend your money
only giving you money for purchases they agree to or requiring receipts or proof of purchases for items
using joint finances for personal use against your wishes or without your knowledge
incurring debts which you are also responsible for
incurring fines in your name – including speeding, toll roads, parking fines and so forth
not allowing you to work so you are unable to have an income of your own
dowry-related abuse – including claiming dowry was not paid and coercive demands for further money or gifts

How to Prove Domestic Violence

To benefit from the domestic violence provisions, applicants must provide evidence that domestic violence has occurred. This evidence can be:

Judicial evidence, such as a court order or conviction
Non-judicial evidence, which may include statutory declarations from the applicant and supporting statements from professionals such as doctors, social workers, or police officers

Information for Partner visa sponsors

If you withdraw your sponsorship, privacy law prevents the Department from releasing any details about the visa application or the visa applicant to you. This includes the outcome of the application and whether the visa applicant is in Australia.

There may still be grounds for the visa applicant to be granted a permanent Partner visa. When the Department receives information that a relationship has ended, Department of Home Affairs (DHA) is obliged to tell the visa applicant and give them an opportunity to respond to this information before DHA makes a decision about the visa application.

Domestic and family violence is any conduct that makes you fear for your, or your family’s, safety and wellbeing. It may be directed at you, your family, pets or property.

You and your family do not have to remain in a relationship where you fear for your or your family’s safety.

You should not hesitate to call emergency services if:

you, or someone else, is injured and need urgent medical attention
your life, or the life of a family member, is threatened.

Remember in an emergency or life threatening situation, call the police on 000

Allegations of domestic and family violence conducted by a visa holder may be reported to Border Watch.

Why Choose Emigrate Lawyers?

At Emigrate Lawyers, we offer compassionate and expert legal assistance to those affected by domestic violence. Our services include:

Confidential consultations to discuss your situation and options
Assistance in gathering and submitting the required evidence
Representation and support throughout the visa application process

Protecting Your Rights

Your safety and rights are our top priority. We are committed to ensuring that you receive the protection and support you need to continue your life in Australia free from fear and abuse.

Contact Us

If you or someone you know is experiencing domestic violence and needs assistance with a partner visa, please contact Emigrate Lawyers. Our experienced team is here to provide the support and guidance you need during this challenging time.

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