Family Violence
(for the Partner Visa)

Domestic and family violence can include physical violence, sexual assault, verbal or emotional abuse, controlling behaviour, stalking, technology-facilitated abuse, financial abuse, abuse of the elderly, and forced isolation or economic deprivation, including dowry-related abuse.

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After applying for a Partner visa, if you have experienced family violence, you and your family do not have to remain in a relationship where you fear for your safety or the safety of your family in order to stay in Australia. You may still be able to continue processing your Partner visa application.

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When applying under the family violence provisions of the Migration Regulations 1994, you must provide supporting documents. You may provide either judicial evidence or non-judicial evidence.

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Judicial evidence may include an injunction under the Family Law Act 1975 against the sponsor for assault or another form of violence against the applicant or a member of the applicant’s or sponsor’s family unit. It may also include a final court order against the sponsor for assault or another form of violence against the applicant or a member of the applicant’s or sponsor’s family unit.

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If you rely on non-judicial evidence, you must provide at least two forms of acceptable evidence as specified in Legislative Instrument LIN 23/026. The evidence must be of different types and must include a statutory declaration made by you.

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Please contact us. Our specialised lawyer can assist you with your application and provide guidance throughout the process.