The Importance of Understanding your Rights.April 13, 2017
If you are the holder of an 820 partner visa and have experience family violence, you do not have to stay in the abusive relationship for the purposes of an Australian Visa.
Partner visas are designed for couples in a genuine relationship to be able to live in Australia together. If a relationship breaks down prior to the grant of the permanent component of the visa, the partner who is not an Australian Citizen is generally required to leave Australia. One exception to this, is where the partner has suffered family violence committed by the sponsor.
Family violence is an issue that the Department of Immigration takes very seriously. As such, if a person suffers family violence perpetrated by the sponsor and the relationship breaks down, the permanent resident component of their partner visa application can still be processed.
In this case, the applicant suffered verbal abuse, constant criticism, wrongful accusations and neglect amounting to emotional and psychological abuse. The client engaged Immigration Solutions Lawyers to prepare a submission for the Department of Immigration and Border Protection.
Immigration Solutions Lawyers notified the Department of the applicant’s change of circumstances and were able to collate evidence and professional reports that supported the applicant’s claims. This evidence, combined with a forensically prepared, decision ready submission was submitted to the Department.
The Department of Immigration and Border Protection granted the applicant a permanent subclass 801 partner visa within two weeks of the family violence submission lodgement.
- Administrative Appeals Tribunal
- Business 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
- Visitor Visas
- Waiver of No Further Stay Condition