Family Violence Partner Visa Rules

Provisions in law for family violence applies to partner visas where a relationship has ended, or is ongoing, but is subject to domestic violence. However, there are specific rules governing the process of applying for visa grant on the grounds of domestic violence (otherwise known as ‘family violence’).

The rules govern the type of evidence to be submitted to the department when claims are made of violence by a sponsoring partner. The law also provides for dependents of a sponsored partner who have been victims of violence by a sponsor to be granted full permanent residence together with the sponsored parent.

The type of violence considered under Australian immigration law is confined largely to physical forms of violence, however, in some cases other forms of violence may be considered by the Department.

Evidence Requirement

The types of evidence required to be submitted with application for grant under domestic violence provisions include judicially or non-judicially determined evidence.

Judicially Determined Evidence 

• court injunctions under the Family Law Act 1975;
• court orders issued under Australian state or territory law;
• a registered conviction (or recorded finding of guilt) for violence perpetrated the sponsored partner and/or dependants.

It is important to note that evidence needs to show the domestic violence had occured whilst the relationship was ongoing and not after the relationship had already broken down and both parties separated.

Non-Judicially Determined Evidence 

• A joint statement made in a court by the victim and the abusive sponsor declaring that an act of violence against the partner has taken place. The statement must set out details of alleged violence, by whom, against whom and circumstances before, during and after the events took place;
• Statutory declaration using Form 1410. As above, the statutory declaration sets out the allegation of family violence and names the person alleged to have committed it;
• at least two documents from an acceptable the list of evidence specified by the Department (in the relevant legislative instrument – Contact Us for the current list if required).

Be aware that if evidence of family violence is insufficient there is still a chance to avoid visa refusal or cancellation. We have proven expertise in assisting clients who have suffered domestic violence and are facing visa refusal or cancellation. For a no obligation consultation contact us to find out how we can help.