Family Violence and Relationship Break-Down

November 30, 2014 - Unreported Cases

The Applicant had already submitted an 820 Partner visa application. However, the Applicant’s relationship with the Sponsor ended and she then sought the advice of Immigration Solutions Lawyers (‘ISL’).

The relationship between the Sponsor and Applicant ended due to family violence. Before the relationship broke down, the Applicant had a child with the Sponsor. It was on this basis that ISL was able to argue that the 820 Partner visa should still be granted.

The relevant legislation indicates that an applicant meets the visa requirements for a partner visa if the applicant would have met the requirements except that the relationship between the applicant and sponsoring partner ceased and either the applicant or the applicant’s child has suffered family violence at the hand of the sponsoring partner.

ISL successfully secured the grant of an 820 Partner visa. It was on the basis of the child, who held Australian citizenship that ISL was able to ensure the visa was granted.