What Evidence Is Needed for a Partner Visa Family Violence Claim?

What evidence shows the relationship was genuine before it ended?

The evidence that shows the relationship was genuine before it ended is the same kind of evidence used in any partner visa: documents about shared finances, the household, social recognition of the relationship and the couple's commitment. The family violence provisions only help applicants whose relationship was genuine, so this part of the case cannot be skipped. Our article on partner visa relationship evidence explains the documents that usually prove each aspect of a genuine relationship.

What evidence proves family violence through the courts?

The evidence that proves family violence through the courts is an injunction under the Family Law Act, a qualifying state or territory protection order, or a conviction or finding of guilt against the sponsor for violence against the applicant. Only Australian court documents qualify, and the names must match those in the visa application. Once provided, the Department must accept that family violence occurred. Our article on intervention orders and partner visas explains which orders are accepted.

What evidence proves family violence without a court order?

The evidence that proves family violence without a court order is a statutory declaration by the person who experienced the violence, together with at least two documents from different categories in the legislative instrument. The categories include reports from medical practitioners, psychologists, police, family violence support services and other professionals. Each document must be on letterhead and include the author's full name, occupation, signature, date and contact details. Our article on family violence evidence lists each category, and our article on claims without a police report explains this pathway.

Why is a statutory declaration needed for a family violence claim?

A statutory declaration is needed for a non-judicial family violence claim because the regulations specifically require one from the alleged victim. This is one of the special cases where the law requires a statutory declaration, unlike ordinary relationship evidence, which uses Form 888 supporting statements. Our article on partner visa statutory declarations explains when they are and are not required.

What common evidence mistakes weaken a family violence claim?

The common evidence mistakes that weaken a family violence claim are providing two documents from the same category, relying on letters from friends who happen to be professionals, giving dates in the statutory declaration that conflict with medical or police records, and leaving out evidence of the relationship before it ended. If evidence submitted is not prescribed by the instrument, the Department may find that no family violence claim has been made at all. Our page on family violence and partner visas explains the framework.

How does My Migration Lawyers assemble the evidence for a family violence claim?

My Migration Lawyers assembles the evidence for a family violence claim by mapping what already exists against each category in the instrument, then requesting letters in the required form from the professionals the client has seen. The firm drafts the statutory declaration with the client, checks it against every other document for consistency, and adds the relationship evidence needed to show the relationship was genuine before it ended. Clients can read our guide to partner visa family violence and request a confidential consultation through the form on this page.