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 are eligible for a permanent partner visa via domestic violence provisions.
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:
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.
You may still be eligible for Permanent Residency, if;
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.
Family Violence is any conduct that makes you reasonably fear for your safety or wellbeing. This includes:
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:
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:
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.
You can prove family violence by providing:
Judicial Evidence includes:
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:
You can only provide one document from each category of evidence listed in FAQ below.
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Unit 7, 242-244 Caroline Springs Blvd
Caroline Springs VIC 3023