In Australia, there is zero tolerance for family and domestic violence.
Certain temporary visa holders are protected by family violence provisions to ensure that they do not have to tolerate family violence just for visa purposes.
You may still be granted your permanent residency in Australia if your relationship has broken down due to family violence.
You may be eligible for a visa if the following apply to you:
Family and domestic violence is any conduct that makes you fear for your or your family’s safety and wellbeing.
Family and domestic violence can include:
You will be protected by Family Violence Provision if the family violence is towards:
Only the Minister or a delegated officer has the power to refuse or cancel a person’s visa.
A perpetrator of family and domestic violence cannot cancel your visa.
Please note that perpetrator refers to the person who commits family or domestic violence.
Statutory declarations and official documents
If you cannot provide a document from a court of law or a joint undertaking, complete Form 1410 – Statutory declaration for family violence claim (267KB PDF). If the victim is a dependent child, complete the declaration for them. You will also need to provide other official documents with the statutory declaration.
If the Minister is not satisfied that you have suffered the relevant family violence:
Although temporary partner visa holders are protected by family violence provisions, this kind of matters still need to be treated carefully and professionally. The special nature of family violence matters makes them highly sensitive and complicated.
If you have an ongoing visa application and is experiencing family violence, you should consult our immigration lawyer as soon as possible.
No matter what kind of visa you are holding, you need to get help when suffering from family violence!
For free interpreter services, see the Translating and Interpreting Service (TIS National).
Website: visit Translating and Interpreting Service (TIS National)
Phone: 131 450 (24 hours, 7 days)
Our migration lawyers are experienced in complicated visa matter and can provide you with legal advice about your visa.
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