Family Violence Provisions
Domestic and Family
Violence and Your Visa
Overview
Call 000 in an emergency. If you or someone you know is in danger call the Police on 000. Police in Australia are safe and can be trusted. We cannot help you in an emergency.
The Australian Government has zero tolerance for domestic and family violence against anyone. This includes permanent and temporary visa holders.
You do not need to stay in a relationship where you do not feel safe in order to stay in Australia.
Department of Home Affairs (DHA) may consider you for the family violence provisions under migration legislation if you have experienced domestic and family violence (family violence) and you are no longer in a relationship with your sponsor.
You may be eligible for a permanent visa if you:
In order to be eligible to apply under the provisions, the family violence, or part of the family violence, must have occurred during your relationship with your sponsor.
Your sponsor must be the perpetrator of the family violence you have experienced.
What is Family Violence?
Domestic and family violence is unacceptable in any form.
Domestic and family violence is any conduct that makes you fear for your or your family’s safety and wellbeing. It may be directed at you, your family, pets or property.
Physical Abuse
Description
Physical violence is any violent behaviour or threats of violence. It can be directed at you, your children, other family, friends, pets or property.
This can include:
- 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
Description
Sexual abuse is unwanted sexual activity.
This can include:
- 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, including on digital devices.
Verbal Abuse or Emotional Abuse
Description
Emotional abuse is any behaviour that makes you feel worthless and put down.
This can include:
- 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
- coercive control, which is patterns of behaviour that seek to isolate, manipulate and control your everyday life.
Social Abuse
Description
Social abuse is behaviour that aims to cut you off from your family, friends, or community.
This can include:
- 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
- tracking and monitoring movements and social interactions, including using devices and social media.
Financial Abuse
Description
Financial abuse is behaviour limiting your access to money.
This can include:
- 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 agree 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 are unable to have an income of your own
- dowry-related abuse – including claiming dowry was not paid and coercive demands for further money or gifts
How to Prove Domestic Violence
To benefit from the domestic violence provisions, applicants must provide evidence that domestic violence has occurred. This evidence can be:
Judicial evidence, such as a court order or conviction
Non-judicial evidence, which may include statutory declarations from the applicant and supporting statements from professionals such as doctors, social workers, or police officers
Information for Partner Visa Sponsors
If you withdraw your sponsorship, privacy law prevents the Department from releasing any details about the visa application or the visa applicant to you. This includes the outcome of the application and whether the visa applicant is in Australia.
There may still be grounds for the visa applicant to be granted a permanent Partner visa. When the Department receives information that a relationship has ended, Department of Home Affairs (DHA) is obliged to tell the visa applicant and give them an opportunity to respond to this information before DHA makes a decision about the visa application.
Domestic and family violence is any conduct that makes you fear for your, or your family’s, safety and wellbeing. It may be directed at you, your family, pets or property.
You and your family do not have to remain in a relationship where you fear for your or your family’s safety.
You should not hesitate to call emergency services if:
- you, or someone else, is injured and need urgent medical attention
- your life, or the life of a family member, is threatened.
Remember in an emergency or life threatening situation, call the police on 000
Allegations of domestic and family violence conducted by a visa holder may be reported to Border Watch.
Why Choose Emigrate Lawyers?
At Emigrate Lawyers, we offer compassionate and expert legal assistance to those affected by domestic violence. Our services include:
Protecting Your Rights
Your safety and rights are our top priority. We are committed to ensuring that you receive the protection and support you need to continue your life in Australia free from fear and abuse.
Contact Us
If you or someone you know is experiencing domestic violence and needs assistance with a partner visa, please contact Emigrate Lawyers. Our experienced team is here to provide the support and guidance you need during this challenging time.