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Relationship Breakdown

Relationship Breakdown - Your Options

Call 000 in an emergency

​​If you or someone you know is in danger call the Police on 000. 

You do not need to remain in an abusive relationship in order to stay in Australia.

If you have experienced domestic and family violence, and you are no longer in a relationship with your sponsor, you may be able to be considered for the family violence provisions. If you have:

AND

  • you have experienced family violence while your relationship existed with your sponsor (or alleged perpetrator).
  • The family violence you have experienced must have been perpetrated by your sponsor. 

you are eligible for a permanent partner visa via domestic violence provisions. 

What options are available if your relationship breaks down?

Claim an Exemption

If your relationship has broken down between your partner, you may be able to claim an exemption if one of the following circumstances applies to you:

  1. If you have experienced family violence from your sponsor during your relationship; or
  2. If you have a child from the relationship; or
  3. If your sponsor has died.

Withdraw your application

If your relationship with your sponsoring partner has ended, and there is no hope reconciliation and no exemption apply to your case, you can withdraw your application, after speaking to one of our Migration Agent.

This ensures that there are no visa refusals on your name. 

*Please note that this is generic advise only. We highly recommend that you consult a Migration Agent before proceeding to make a decision.

Relationship Breakdown Exemption

You may claim an exemption if any of the below circumstances apply to you.

You may still be eligible for Permanent Residency, if;

  •  You and your sporing partner have joint custody or joint access to a child; or
  • You and your sponsoring partner have parental responsibilities towards a child.

If your sponsor has passed away, you may still be eligible for permanent residency if:

    1. You would have continued your spousal or de facto relationship with your sponsor had the sponsor not died; and

    2. If you are still holding the 300 prospective marriage visas, you have married the sponsor before the death, and have developed close business, cultural or personal ties with Australia

If you were subjected to family violence whilst in a relationship, you may be eligible for an exemption. 

What is Family Violence?

Family Violence is any conduct that makes you reasonably fear for your safety or wellbeing. This includes:

Physical Abuse or Harm

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

Sexual Abuse or Harm

Unwanted sexual activity.

Verbal Abuse

Any behaviour that makes you feel worthless and put down.

Social Abuse

Behaviour that aims to cut you off from your family, friends, or community.

Financial Abuse

Behaviour limiting your access to money. 

Steps to lodge a Domestic Violence Application

If you are the victim of domestic violence in a partner visa relationship and have since separated from your sponsoring partner, you may be able to have your current visa switched to a “domestic violence” application under certain circumstances.

If your relationship with your sponsorship partner have ended, you will need to inform the Department of the same, as is your obligation.

You should use the ‘notification of relationship cessation form’ in the ‘Update Details’ tab in ImmiAccount.

When you use this form your visa application will be removed from all ImmiAccounts, including from your former partner or migration agent’s account, for your safety and privacy.

The form will ask you when your relationship ceased with your partner.It will also ask you if you have experienced family violence or have children with your sponsor.

It is important to select both the family violence and children of relationship option on the form if both circumstances apply to your situation. This is because your application will only be automatically removed if you select family violence.

Before the Department assess your claim of family violence, they must be satisfied that you were in a genuine and ongoing relationship with your former sponsor, prior to your relationship ceasing.

The Department may ask you to provide evidence about your relationship. You may need to show evidence of:

  1. Financial Evidence of your relationship
  2. Social aspect of relationship
  3. Evidence of nature of commitment 
  4. Evidence of household and domestic arrangements

 

Once the Department have assessed your relationship to have been genuine, your family violence claims will then be assessed.

To submit a valid claim for the family violence provisions, you will need to provide evidence.

You can provide either judicial evidence or non-judicial evidence. The family violence evidence must show that the family violence or part of the family violence occured while you were in a relationship with your former partner.

The family violence evidence must also show that the alleged perpetrator was your former partner and sponsor.

If the Department is not satisfied that you have experienced family violence, they will refer you to an independent expert for assessment. The independent expert will:

  • contact you to set up an interview to discuss your family violence claims.  
  • provide an opinion on if you have experienced family violence. The Department must accept the independent expert’s opinion.

 

If the independent expert determines you have not experienced family violence, the Department will provide you with the opportunity to comment on this opinion. If the independent expert determines you have experienced family violence, the Department may request you to provide additional information.  

If the Department is satisfied you have experienced family violence, you may be asked to provide additional information.

They may ask you to undertake a health exam or provide character documents such as an Australian or overseas police certificate.

Judicial and Non Judicial Evidence

You can prove family violence by providing:

Judicial Evidence includes:

  • a court injunction under the Family Law Act 1975 against your partner
  • a court order against your partner made under a State or Territory law
  • a record that the court has convicted your partner of a family violence offence against you or your dependant(s)
  • a record that the court has recorded a finding of guilt against your partner of family violence offences against you or your dependant(s).

Joint Undertaking

Non-judicial evidence includes a joint undertaking to a court about proceedings where there was an allegation of violence.

No Joint Undertaking

If you cannot provide a document from a court of law or a joint undertaking, you will have to provide:

  1. Form 1410 – Statutory Declaration
  2. Approved independent evidence, along with the above statutory declaration

 

You can only provide one document from each category of evidence listed in FAQ below.  

Something else ?

    FAQ

    We are happy to answer
    any queries you may have

    What are some examples of domestic (or family) violence?
    Type Description This can include:
    Physical abuse  Physical violence is any violent behaviour or threats of violence. It can be directed at you, your children, other family, friends, pets or property.
    • 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 Sexual abuse is unwanted sexual activity.
    • 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
    Verbal abuse or emotional abuse Emotional abuse is any behaviour that makes you feel worthless and put down.
    • 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
    Social abuse Social abuse is behaviour that aims to cut you off from your family, friends, or community.
    • 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
    Financial abuse Financial abuse is behaviour limiting your access to money. 
    • 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 agrees 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 cannot have an income
    Are there any cost associated with the process?

    There is no additional cost in processing your domestic violence application. This will be considered under your partner visa processing.

    What kind of evidence can I provide for "non judicial" evidence?
    Types of evidence Includes the following details

    Medical report, hospital report, discharge summary or statutory declaration that is made by either a person who is:

    • registered as a medical practitioner and is performing the duties of a medical practitioner, or
    • registered as a nurse within the meaning of section 3 of the Health Insurance Act 1973 and is performing the duties of a registered nurse.
    • Identifies the alleged victim, and 
    • Details the physical injuries or treatment for mental health that is consistent with the claimed family violence.

    Either a report, record of assault, witness statement or statutory declaration that is made by:

    • a police officer of a State or Territory
    • a police officer of the Australian Federal Police OR
    • A witness statement that is made by someone other than the alleged victim to a police officer during the course of a police investigation.
    • Identifies the alleged victim, and identifies the alleged perpetrator, and
    • Details an incident/s of family violence.

    Report or statutory declaration made by an officer of:

    • a child welfare authority, or
    • a child protection authority of a State or Territory.
    • Details fears for the dependent child’s safety due to family violence within the household, and
    • Identifies the alleged perpetrator.

    Letter or assessment report made by:

    • a women’s refuge, or
    • family/domestic violence crisis centre

    on the organisation’s letterhead.
    • States that the alleged victim has made a claim of family violence, and
    • States whether the alleged victim was subject to family violence, and
    • Identifies the alleged perpetrator, and
    • Details any evidence used to form the opinion.

    Statutory declaration made by:

    • a member of the Australian Association of Social Workers, or
    • a person who is eligible to be a member of that Association

    who has provided counselling or assistance to the alleged victim while performing the duties of a social worker.
    • States in their opinion the alleged victim was subject to family violence, and
    • Details the reasons for the opinion, and
    • Identifies the alleged perpetrator.

    Statutory declaration made by a registered psychologist in a State or Territory who has treated the alleged victim while performing the duties of a psychologist.
    • States in their opinion the alleged victim was subject to family violence, and 
    • Details the reasons for the opinion, and
    • Identifies the alleged perpetrator.

    Statutory declaration made by a family consultant appointed under the Family Law Act 1975 or a family relationship counsellor who works at a Family Relationship Centre listed on the Australian Government Family Relationships website.
    • States that the alleged victim has been treated or counselled, by the family consultant or family relationship counsellor, and
    • States that in their opinion the alleged victim was subject to family violence, and
    • Details the reasons for the opinion, and
    • Identifies the alleged perpetrator.

    Statutory declaration or a letter on the school’s letterhead made by a school counsellor or school principal in their professional capacity.
    • States that they have made, or been made aware of, observations that are consistent with the alleged victim’s claims that they were subject to family violence, and
    • Identifies the alleged perpetrator, and
    • Provides details of those observations.
    What to do if you are being violated?

    If you are subjected to family violence at home:

    1. Call 000
    2. Get a Family Violence Intervention Order against the perpetrator.
    What if the application is accepted?

    If your domestic violence submission is accepted by the Department, they will grant you a permanent partner visa, enabling you to stay back in Australia, indefinitely.

    What if the application is rejected?

    If your domestic violence application is rejected by the Department, your visa will inevitably be refused. In this instance, you may be eligible to appeal your case to the Administrative Appeals Tribunal.

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    Melbourne VIC 3004
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    Caroline Springs VIC 3023

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