In Australia, family and domestic violence is not acceptable.
The Australian government including the Department of Home Affairs does not tolerate domestic and family violence in the community.
The Family Law Act 1975 defines family violence in section 4AB as violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family or causes the family member to be fearful.
Furthermore, the Migration Regulations 1994 defines family violence in Reg 1.21 as conduct, whether actual or threatened, towards the alleged victim, a member of the family unit of the alleged victim or alleged perpetrator that causes the alleged victim to reasonably fear for, or to be reasonably apprehensive about, his or her own wellbeing or safety. This definition of family violence also extends to the property of the alleged victim, property of a member of the family unit of the alleged victim or perpetrator.
If you are a holder of Subclass 300 Prospective Marriage, Subclass 309 Partner or Subclass 820 Partner visa and you or a member of your family unit are experiencing family or dmestic violence, you do not have to remain in the relationship to stay in Australia.
There is a provision in migration law that allows visa holders to be granted a Subclass 100 Partner, Subclass 820 Partner or Subclass 801 Partner visa if the relationship has broken down due to a violent situation.
For holders of Subclass 820 Partner or Subclass 309 Partner, the family or domestic violence must have occurred while the relationship existed. It is indicated in the provision that the claim of family violence cannot be progressed if the relationship did not exist when the family violence occurred.
As for holders of Subclass 300 Prospective Marriage visa, an application for Subclass 820 Partner visa can be submitted after the relationship has broken down. The Department of Home Affairs allows such application to be made if the Subclass 300 Prospective Marriage visa holder suffered family and domestic violence whilst in the relationship and married their sponsor.
This provision in the migration law demonstrates that the Department of Home Affairs aims to protect migrants who are victims of family and domestic violence. Additionally, this also signifies that the Department of Home Affairs supports victims of family or domestic violence regardless of immigration status.
Our team at FC Lawyers are experts in migration law and family law can be trusted and can assist you in this matter. Contact our team today if you would like any assistance with your partner visa.