Where family violence has occurred from your sponsor during your relationship;
Access rights to any dependent children from the relationship are involved
If your Australian sponsor partner has died
Where family violence has occurred from your sponsor during your relationship;
Access rights to any dependent children from the relationship are involved
If your Australian sponsor partner has died
If any of the above applies to you, you should seek immediate legal advice from an immigration lawyer.
Subclass (820/801/309/100)
You would have continued to be in a genuine and continuing relationship with your sponsor if they had not passed away.
Subclass 300
You may still continue to be eligible for a permanent partner visa if:
If you are either an applicant/holder of a temporary partner visa, and the relationship with your sponsor has broken down, you can still apply for a permanent partner visa if:
You may be eligible for a permanent partner visa if the following apply to you:
AND
Prospective Marriage Visa
If you hold or held a Prospective Marriage visa, you would have continued to be your sponsor’s spouse, if your relationship did not cease due to domestic violence from your sponsor.
Partner Visa
If you hold a Partner visa, you would have continued to be your sponsor’s partner/spouse, but your relationship has broken down due to domestic violence during your relationship.
Domestic violence, under partner visa, in addition to physical abuse, also includes:
Judicial Evidence includes:
Joint Undertaking
Non-judicial evidence includes any of the following:
No Joint Undertaking
If you cannot provide a document from a court of law or a joint undertaking, you will have to provide:
The Department will then consider your claims under the family violence provision.
If the Department is not convinced of your claims, they might refer you to an independent expert for assessment.
If the Department is convinced that your relationship was genuine and that you have suffered family violence, you will then be granted a permanent visa, once all requirements are met.
The Department is not required to accept non-judicial evidence. If this is the case, they might refer you to an independent expert. They will contact you for an appointment.
During the interview, they will assess your claims. If the independent expert determines that family violence has not occurred, then your visa application will likely be refused.
You should seek legal advice if an unfavourable assessment is made in your case. You may be able to appeal your decision.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. Further, this info is subject to constant change based on any changes in the law, and therefore, is not intended to create, and receipt or viewing does not constitute a solicitor-client relationship. The reader should consult with an immigration lawyer prior to lodging any application as each lawful case may be different.
Get in touch with the team at Augustine & Co. with your preliminary enquiries.