In this article, we will examine the impact of family violence on Australian partner visa application.
Firstly, it is important to understand what conduct or behavior constitutes family violence. The Australian Family Law recognises that domestic violence or abuse can be physical, sexual, psychological, emotional or financial. The Family Law Act 1975 defined family violence as violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful. As a result for a conduct to be classified as violence under the family law, the conduct in question does not need to be only overt behavior such as assault, but it could be any behavior amounting to coercion or control.
Examples of behaviour that may constitute family violence include (but are not limited to):
- an assault; or
- a sexual assault or other sexually abusive behaviour; or
- stalking; or
- repeated derogatory taunts; or
- intentionally damaging or destroying property; or
- intentionally causing death or injury to an animal; or
- unreasonably denying the family member the financial autonomy that he or she would otherwise have had; or
- unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support; or
- preventing the family member from making or keeping connections with his or her family, friends or culture; or
- unlawfully depriving the family member, or any member of the family member’s family, or his or her liberty.
Now that we have canvassed the legal definition of family violence in Australia and the scope of family violence, the critical question here is if a partner visa applicant’s relationship has ended because of family violence has occurred during the course of the relationship, can the applicant still be eligible for Permanent Partner Visa or Permanent Residency? The answer is Yes. Australian Immigration Law recognises that if a partner is a victim of family violence during the course of the relationship, or there is an Australian child is a product of the relationship then a partner visa applicant could still be considered for the Permanent Visa regardless of the relationship breakdown.
It is important to garner sufficient evidences along with Psychologist, Social worker, or Counsellor’s report to establish the existence of violence during the course of the relationship. It is equally important to be honest and truthful in providing details of the family violence.
Circumstances surrounding family violence issues are always very complicated. This is why it is imperative to seek professional advice and guidance from an experienced Solicitor who has the skill, knowledge and experience of dealing with family violence issues. At K Group Legal, we pride ourselves in producing cost-effective solutions to Australian immigration problems. Our years of extensive professional experience in navigating complex Immigration issues have uniquely placed us in a position to provide you a solution. If you require professional assistance in relation to your partner visa application, you can contact us through: (02) 8379 1811 or 0421 677 920 or email@example.com.