Is There a Partner Visa Lawyer in Western Sydney?
Key points
- The family violence provisions are in Division 1.5 of the Migration Regulations.
- In some cases, an applicant can still be granted a permanent partner visa after the relationship ends if family violence was committed by the sponsor.
- Family violence can be shown by judicial evidence, such as a court order, or by non-judicial evidence from competent people.
- A change in the relationship must be reported to the Department.
Can a Western Sydney client get confidential partner visa advice by video?
A Western Sydney client can get confidential partner visa advice by video, because My Migration Lawyers runs consultations online and communicates by email, so the client can choose a safe time and place to speak. The firm does not contact the sponsor without the client's agreement. Our partner visa lawyers Sydney page explains how the firm works with clients across Sydney.
What happens to my partner visa if the relationship ends?
When the relationship ends, the partner visa application is usually refused unless another provision applies, because the visa depends on a genuine and continuing relationship. The applicant must tell the Department about the change. Provisions that may allow the application to continue include the family violence provisions, the death of the sponsor and, in some cases, a child of the relationship. Our article on partner visa relationship breakdown explains each option.
How do the family violence provisions work?
The family violence provisions in Division 1.5 allow an applicant to be granted a permanent partner visa after the relationship ends, if the relationship was genuine and the sponsor committed family violence against the applicant or a member of the family unit. The Department first considers whether the relationship was genuine while it lasted, and then whether family violence occurred. Our family violence partner visa lawyers page explains how the firm prepares these claims.
What evidence is needed for a family violence claim?
The evidence needed for a family violence claim is either judicial evidence, such as a court order, or non-judicial evidence from competent people, such as doctors, psychologists, police, social workers and family violence support workers. A police report is not always required. The evidence must also show that the relationship was genuine before it ended. Our articles on partner visa family violence evidence and on claims with no police report explain both routes. Evidence should be gathered carefully and safely, and the applicant should keep copies somewhere the sponsor cannot reach.
Can I raise family violence after the relationship has already ended?
Family violence can be raised after the relationship has already ended, and many claims are made at that point. The timing of the separation and the evidence available both matter, and a claim can sometimes be raised at the Administrative Review Tribunal if the visa has been refused. Applicants should not delay telling the Department about the separation. Our article on partner visa family violence after separation covers these situations.
How does My Migration Lawyers support Western Sydney clients after family violence?
My Migration Lawyers supports Western Sydney clients after family violence by first understanding the client's safety and visa position, then explaining in plain terms what the family violence provisions require and what evidence the client can realistically obtain. The firm notifies the Department of the separation, prepares the claim and the statement of the client's experience, and deals with the Department so the client does not have to. The firm treats the client's information as confidential and works at a pace the client can manage. Our article on the partner visa family violence provisions gives further background.
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