Experiencing Family Violence by Your Sponsor? Understand Your Options.October 28, 2016
Immigration Solutions Lawyers take family violence very seriously. There are options in place if you are experiencing family violence by the sponsor of your Partner Visa through the Family Violence Provision.
The Family Violence Provision allows applicants who have applied for permanent residency under a partner visa to still be considered even if their de facto or spousal relationship breaks down due to family violence. This includes conduct, whether actual or threatened, towards the alleged victim which causes them to reasonably fear for their well being or safety.
In this matter, the applicant was in a same sex relationship and held a Partner (Residence) (class BS) (Subclass 820) visa. The applicant came to Immigration Solutions once her relationship with her de facto partner and visa sponsor broke down. Immigration Solutions Lawyers was able to notify the Department of Immigration and Border Protection of the change in circumstances and prepare a submission for a Partner (Residence) (subclass 100) visa under the Family violence provision.
The applicant was a victim of family violence perpetrated by her former partner and visa sponsor. As there was no court order or conviction of family violence, the applicant sought a non-judicially determined family violence claim. This required that the applicant prove that she is the de facto partner of the perpetrator and victim who suffered the relevant family violence. Immigration Solutions Lawyers assisted the applicant in establishing the existence of manipulation, control, threats and verbal, emotional and financial abuse through reports from a Psychologist and Mental Health Social Worker, along with further supporting documentation.
With the assistance of Immigration Solution Lawyers, the applicant was successful in establishing she was the victim of family violence perpetrated by her former de facto partner and was granted Permanent Residence with a Partner (subclass 801) visa. The applicant is now a Permanent Resident of Australia.
- Administrative Appeals Tribunal
- Business Visas/Skilled Work Visas
- Carer Visa
- Character Cases
- Compelling Circumstances
- Family Violence
- Federal Court Cases
- Illegal Overstayer
- Migration Review Tribunal
- Ministerial Intervention
- Partner Visas - 300 Offshore Prospective Marriage
- Partner Visas - 309 Offshore Spouse
- Partner Visas - 820 Onshore Spouse & De Facto Relationship
- Protection Visa
- Resident Return Visa
- Schedule 3
- Skills Assessment
- Visitor Visas
- Waiver of No Further Stay Condition