Can a Lawyer Help With a Partner Visa Family Violence Claim?

What is a partner visa family violence claim?

A partner visa family violence claim is a request that the Department grant the partner visa even though the relationship has ended, because the applicant, or a member of the applicant's family unit, suffered family violence committed by the sponsor. The claim relies on the special provisions in Division 1.5 of the Migration Regulations. It does not replace the need to show the relationship was genuine before it ended. Our page on partner visa family violence explains the provisions in more detail.

What is the difference between judicially and non-judicially determined claims?

A judicially determined claim rests on a decision of a court, such as an injunction under the Family Law Act, an accepted protection order or a conviction of the sponsor for violence against the applicant. A non-judicially determined claim rests on a statutory declaration and evidence from professionals. Evidence that fully meets the judicial requirements must be accepted, while a non-judicial claim is assessed and may be referred to an independent expert. Our article on partner visa intervention orders explains how court orders fit in.

What must the statutory declaration contain?

The statutory declaration in a non-judicially determined claim must be made by the alleged victim and must set out the allegation of relevant family violence, including who committed it and the nature of the violence. It must be properly signed and witnessed by an authorised person, with every attachment identified and witnessed. This is a legal requirement for this claim, unlike the supporting Form 888 statements used elsewhere in partner visas. Our article on partner visa statutory declarations explains when a statutory declaration is required.

What professional evidence is accepted?

The professional evidence accepted for a non-judicially determined claim is the evidence listed in the legislative instrument made for Division 1.5, and two items of that evidence are generally required. Examples include reports or statutory declarations from doctors, psychologists, social workers, family violence crisis services and police. The professional must be acting in their professional capacity, so a friend who happens to be a nurse is not enough. Our article on partner visa family violence evidence lists the accepted categories.

Does emotional or financial abuse count as family violence?

Emotional, psychological and financial abuse can count as family violence, because relevant family violence is defined as conduct that causes the victim to reasonably fear for, or be reasonably apprehensive about, their wellbeing or safety. Physical injury is not required. Coercive control, threats about visa status and controlling money are common examples. Our article on partner visa family violence gives further examples of conduct within the definition.

How does My Migration Lawyers prepare a family violence claim?

My Migration Lawyers prepares a family violence claim by first choosing the right pathway based on any court orders or convictions, then drafting the statutory declaration with the applicant so it is accurate, specific and consistent with the other evidence. The firm checks each professional document against the legislative instrument before it is lodged, and responds if the Department proposes a referral to an independent expert. Applicants can contact our partner visa lawyers confidentially, and read about the firm's Subclass 820 visa work.