What exactly constitutes familial violence?
In reality, relationships and marriages do not always go according to plan. This may not have a significant impact on a typical Australian couple, but it does for someone who came to Australia for a relationship and applied for a partner visa.
When candidates face familial violence, they are concerned about more than just their physical and emotional well-being. They are also concerned that they will be taken, ending the life they have established in Australia.
The Migration Act defines domestic violence as physical assault, threats of damage, or mental abuse.
There are many major options for persons to report domestic abuse to the Department of Home Affairs.
What happens if you are in the process of obtaining a Partner Visa and are a victim of domestic violence?
This is for those who have been victims of family abuse and are asking for a partner visa to permanently reside in Australia.
- The most essential thing is to keep safe, therefore if you are experiencing Family Violence, contact your local police station and ask them what you can do to safely leave the situation.
- Inform the migration agent or lawyer who is working on your visa process, and if they are unable to do so due to privacy concerns, seek assistance from another immigration business. You may pick from a variety of professional staff members here at VisaEnvoy to assist you with this kind of situation.
- Keep the evidence! This will be utilized to demonstrate to the case officer in charge of your case that there was familial violence by filing a complaint with the Department of Home Affairs.
Broken Relationship
“Broken Relationship” refers to a relationship that is no longer sustainable due to familial violence. It indicates that the connection you previously had with your spouse, which qualified you for a partner visa, is no longer fixable.
Your Migration Agent or Lawyer will require documentation from you before they can make what is known as “submissions” to the Department. Examples of evidence include, but are not limited to:
A Police Officer Received a Record of the Assault.
Medical documents from physicians you may have visited before, during, or after your split with your former spouse.
Photographs of any bruises sustained by the assault (if applicable).
Take screenshots of any chat on any website that demonstrates how individuals use inappropriate language.
Recordings of audio and video
This may seem to be an invasive step, but you must describe what went wrong in straightforward terms and with plenty of information. This information is recorded to create a statement that reflects your understanding of what occurred and what it implies. For example, if you do not get permanent status, you will be forced to leave behind close friends and family in Australia, as well as your new community.
Getting the Police involved in cases of domestic violence
If your relationship status has changed as a result of domestic or familial abuse, please notify the Department of Home Affairs.
Depending on your needs, there are many methods to contact the Department.
Kids
When there is familial abuse, children are often involved, which must also be considered. It will be very difficult for you to present your case if you have children who have been directly or indirectly affected by familial violence.
If you split up with your Australian spouse and have children together, you may need to create “parenting arrangements” so that the person with the visa may remain in Australia for the child’s benefit.
How to get a protection order: You may get a protection order if you are being mistreated by a family member or spouse.
Each state and territory will have its own set of regulations for issuing protective orders. Protection orders issued in a certain state or territory are acknowledged across the nation.
The kind of protection order you may get is determined by the state or territory where you reside. The order might be for domestic violence, family violence, restraint, personal protection, intervention, apprehended violence, or family violence intervention.
If your life is not in danger, you may contact the police or a court in your region to get a protection order to keep you and your family safe.
Eligibility for Permanent Residency
You may file a claim if you and your spouse split up while applying for the visa, rather than before. It is unlikely that you anticipated to face domestic or familial violence after filing for your partner visa. It is our responsibility to ensure that the process runs as smoothly and promptly as possible. If you’re interested in knowing more about migration agents make sure you visit Australian Migration Agents.
