Can a Lawyer Help With a Partner Visa After Separation and Family Violence?

What happens to a partner visa when the relationship ends because of family violence?

When a relationship ends because of family violence, the partner visa application does not automatically fail. The law allows an applicant whose genuine relationship ended, and who suffered family violence committed by the sponsor, to continue towards grant of the permanent visa. The applicant must still show that the relationship was genuine while it lasted and that the violence occurred during it. Our page on partner visa family violence explains who the provisions protect.

Do I need to tell the Department that we separated?

An applicant does need to tell the Department about the separation, because a change in the relationship is a change in circumstances the Department must be told about. The sponsor may also contact the Department or withdraw support for the application. Telling the Department early, with a family violence claim or a clear statement that one will follow, protects the applicant's credibility. Our article on Form 1022 and changes of circumstances explains how the notice is given.

What evidence is needed after separation and family violence?

The evidence needed depends on whether the claim is judicially or non-judicially determined. A judicially determined claim relies on a Family Law Act injunction, a protection order of the kind the regulations accept, or a conviction or finding of guilt against the sponsor. A non-judicially determined claim requires a statutory declaration from the alleged victim and evidence from professionals of the kinds the regulations prescribe, such as doctors, psychologists, police or family violence services. This is one of the few partner visa situations where a statutory declaration is required by law. Our article on partner visa family violence evidence lists the accepted documents.

Can I make a claim if I never reported the violence to police?

An applicant can make a family violence claim without a police report, because the non-judicially determined pathway accepts evidence from other professionals. Many people do not go to the police for reasons of fear, culture or dependence on the sponsor, and the regulations recognise that. Our article on family violence claims without a police report explains the alternatives.

What if the Department doubts the family violence claim?

If the Department is not satisfied that relevant family violence occurred on a non-judicially determined claim, it refers the claim to an independent expert rather than simply refusing it. The applicant is told about the referral and may be asked to take part in an assessment. A claim based on a court order or conviction is accepted without referral. Our article on family violence after separation explains the process that follows.

How does My Migration Lawyers support an applicant after separation and family violence?

My Migration Lawyers takes instructions privately and at a pace the applicant can manage, then prepares the notice of separation, the statutory declaration and a plan for the professional evidence still needed. The firm checks that the evidence of the relationship while it lasted is strong, because that remains part of the case, and deals with the Department so the applicant does not have to. Applicants can contact our partner visa lawyers when it is safe to do so.