What to do if you have experienced family violence as a temporary visa holder in Australia
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Over the last year, the Australian Government has provided migrants in Australia with expanded access to the family violence provisions within Australia's migration laws and regulations, which play a vital role in offering protection and support to migrants experiencing abuse and/or domestic violence.
In particular, these family violence provisions provide certain temporary visa holders with their own pathway to permanent residence on family violence grounds, and are designed to ensure that individuals who face family violence, especially women and children, are not further victimised by immigration laws in Australia.
Why are there family violence provisions in Australia’s migration laws and regulations?
There are several important objectives to the family violence provisions within Australia’s migration laws and regulations:
Protection for Vulnerable Migrants: The family violence provisions were introduced to safeguard the well-being of vulnerable individuals. They provide a safety net and serve as a protective measure for those experiencing abuse, ensuring that their immigration status will not keep them trapped in harmful situations. The family violence provisions provide reassurance that migrants do not need to stay in a relationship where they are unsafe, just to maintain their residence in Australia.
Visa Flexibility and Options: The family violence provisions are designed to provide flexibility for individuals who have applied for partner visas and other permanent visas, ensuring that victims of family violence are not penalised or forced to stay in an abusive relationship for fear of having their visa application refused or their visas cancelled. Subject to certain requirements, family violence victims may still remain in Australia, even where the relationship with their sponsor or the family head (e.g. the primary visa applicant for a skilled visa) ends due to abuse.
Support for Women and Children: With many of those affected by family violence being women and children, the family violence provisions recognise the unique challenges they face and provide pathways to safety and stability, allowing them to live independently from their abuser.
A Fairer & Equitable Immigration System: By acknowledging the impact of family violence and how this disproportionately affects migrants, the family violence provisions help create a more compassionate and fair immigration system in Australia. Persons who have experienced family violence perpetrated by their sponsor or the family head (e.g. the primary visa applicant for a skilled visa) are offered the opportunity to remain in Australia and rebuild their lives without the fear of losing their legal status or eligibility for permanent residency
Addressing & Mitigating Power Imbalances: The family violence provisions are a step toward addressing the power imbalances in abusive relationships. They help ensure that the abuser cannot use the victim’s immigration status as a tool of control, allowing migrants who have experienced family violence to seek help and escape dangerous situations.
Ultimately, the family violence provisions are designed to offer a sense of security and hope to those affected by abuse or domestic violence, ensuring that migrants can seek a future free from fear and coercive control, and rebuilt their lives with the support and dignity they deserve.
How do I know if I can benefit from the family violence provisions?
Persons who have applied for the following visas may benefit from the family violence provisions, such that they may still be eligible for the grant of a permanent visa even where their relationship with their sponsor or the family head has broken down:
Family visas
Partner (Subclass 309) (Provisional) visa
Partner (Subclass 820) (Temporary) visa
Partner (Subclass 801) (Permanent) visa
Partner (Subclass 100) (Permanent) visa
Prospective Marriage (Subclass 300) visa
Dependent Child (Subclass 445) visa
Parent (Subclass 103) visa
Contributory Parent (Subclass 143) visa
Contributory Parent (Subclass 864) visa
Remaining Relative (Subclass 115) visa
Remaining Relative (Subclass 835) visa
Carer (Subclass 116) visa
Carer (Subclass 836) visa
Skilled visas
Business Talent (Subclass 132) visa
Employer Nomination Scheme (Subclass 186) visa
Regional Sponsored Migration Scheme (Subclass 187) visa
Skilled Independent (Subclass 189) visa
Skilled Nominated (Subclass 190) visa
Permanent Residence (Skilled Regional) (Subclass 191) visa
Pacific Engagement (Subclass 192) visa
Global Talent (Subclass 858) visa
Skilled Regional (Subclass 887) visa
Business Innovation and Investment (Subclass 888) visa
My relationship with my sponsor or family head has ended due to abuse - Can I still stay in Australia?
The family violence provisions will allow migrants who have experienced family violence perpetrated by their sponsor or family head to stay in Australia permanently where:
you have applied for or currently hold an eligible visa
you have experienced family violence
the perpetrator was your former partner or spouse
the family violence, or part of it, occurred during your relationship with this person
you are no longer in a relationship with this person
The family violence provisions do not only apply to spouses and de facto partners of a sponsor or a family head, and also extend to secondary visa applicants such as dependent children.
On the other hand, it is important that you properly notify the Department about the family violence you have experienced, and that you provide documentary evidence of this, so that your visa application may be considered pursuant to the family violence provisions.
What types of domestic and family violence are recognised by the Department of Home Affairs?
Family violence can exist in different forms, and the following types of abuse (amongst others) are expressly recognised by the Department of Home Affairs:
Physical abuse - any violent behaviour or threats of violence. It can be directed at you, your children, other family, friends, pets or property.
Sexual abuse - any unwanted sexual activity.
Verbal abuse or emotional abuse - any behaviour that makes you feel worthless and put down.
Social abuse - behaviour that aims to cut you off from your family, friends, or community.
Financial abuse - behaviour limiting your access to money.
Nonetheless, you will necessarily need to provide a detailed account and documentary evidence of the family violence you have experienced, in support of your family violence claims, otherwise your visa application may be refused.
How do I prove that I have experienced family violence?
It is crucial to provide as much documentary evidence as possible in support of any family violence claims advanced in a visa application, as well as evidence that you were in a genuine and ongoing relationship (before your relationship ceased due to abuse) when you experienced family violence perpetrated by your sponsor/ family head.
There are 2 broad categories of documentary evidence which can assist with proving the family violence which you have experienced, namely -
Judicial evidence - Document(s) from a court of law, e.g.:
court injunction under the Family Law Act 1975 against your partner
court order against your partner made under a state or territory law
record that the court has convicted your partner of a family violence offence against you or your dependant(s)
record that the court has recorded a finding of guilt against your partner of family violence offences against you or your dependant(s).
Non-judicial evidence: Joint undertaking made before a court or at least two (2) specified types of non-judicial evidence, e.g.:
medical report/ hospital report/ discharge summary/ letter/ statutory declaration from a medical practitioner, registered nurse or midwife
report/ record of assault or family violence/ risk assessment/ witness statement/ statutory declaration made by a police officer
report/ letter/ statutory declaration made by a child welfare officer
report/ letter/ risk assessment/ statutory declaration made by a family violence support service provider
report/ letter/ statutory declaration made by a social worker
report/ letter/ statutory declaration made by a psychologist
report/ letter/ statutory declaration made by a family consultant or family relationship counsellor
report/ letter/ statutory declaration made by an education professional
NOTE: Each item of evidence must address specific information as outlined in the Migration Regulations, and failure to meet these minimum evidentiary requirements prescribed by law may lead to the Department finding that there is insufficient evidence of the alleged family violence.
Evidence of a genuine and ongoing relationship at the time the family violence occurred should otherwise demonstrate -
the financial aspects of your relationship, e.g. through –
household bills in both names
joint bank account statements
joint loan documents for major assets like homes, cars or major appliances
joint mortgage or lease documents
your household and domestic arrangements, e.g. through –
a statement about how you shared housework
household bills in both names
mail or emails addressed to you both
documents that show joint responsibility for children
documents that prove your living arrangements
the social aspects of the relationship, e.g. through –
joint invitations or evidence you used to go out together
proof you had friends in common
proof you had told government, public or commercial bodies about your relationship
proof you did joint sporting, cultural or social activities together
proof you travelled together
your commitment to each other, e.g. through –
proof you have knowledge of each other’s background, family situation or other personal details
proof you did combine your personal matters
the terms of your wills
proof you stayed in touch when apart
proof of day-to-day communication.
Due to the nature of family violence cases, it can often be difficult to provide evidence of family violence that has been perpetrated against you, and even harder to prove evidence that you were in an genuine and ongoing relationship with your sponsor or family head while you experienced the relevant family violence. An experienced immigration lawyer will be able to guide you through this process, refer you to the relevant support services, and assist you with requesting an extension of time from the Department to gather all of these documents and/or provide a detailed account of your relationship.
I am a victim of family violence in Australia - where can I find support?
Protection Orders
If you are experiencing domestic and family violence, you can apply for a protection order. Protection orders are nationally recognised and you can ask the police or your local court about getting a protection order to protect you and your family.
Each state and territory has specific laws for the making of protection orders. Depending on which state or territory you are in, a protection order might be called:
an Apprehended Domestic Violence Order;
a Domestic Violence Order;
a Family Violence Intervention Order;
a Family Violence Order;
a Family Violence Restraining Order; or
an Intervention Order.
Counselling services
Counselling services and helplines can help you identify what you can do and find the right services or support for you. You don’t have to give your name or any other identifying information. You can choose to remain anonymous, or use a fake name, and how much information you give is up to you.
For confidential counselling, information and support, call 1800RESPECT on 1800 737 732. You can also visit the 1800RESPECT website.
For confidential counselling and crisis support, call Lifeline on 13 11 44. You can also visit the Lifeline website.
For free counselling services for young people aged 5 to 25, call Kids Helpline on 1800 551 800. You can also visit the Kids Helpline website.
For advice about relationship or separation issues, you can call the Family Relationship Advice Line on 1800 050 321. You can also visit the Family Relationship Advice Line website.
For free phone counselling, information and referral service to help men to stop using violence, call the Men’s Referral Service on 1300 766 491. You can also visit the No to Violence website.
For specialist help for men affected by domestic and family violence, call MensLine Australia on 1300 789 978. You can also visit the MensLine Australia website.
Financial help
The Australian Red Cross helps people on temporary visas, or with uncertain visa status, living in Australia who are experiencing domestic and family violence and financial hardship through their Family and Domestic Violence Financial Assistance program.
Uniting Care helps Australian citizens, permanent residents or holders of a protected special category visa living in Australia to leave violent relationships through their Escaping Violence Payment program. You can call Uniting Care on 1800 387 387.
Legal support
The migration regulations and laws in Australia are everchanging and complex, particularly when it comes to issues of family violence. Noting the complex and sensitive nature of family violence claims, and the need to account for this in detail, we urge all migrants in Australia to seek legal advice about their options if they have experienced family violence, as this may make all the difference when it comes to safeguarding your independent pathway to permanent residency in Australia.
Our experienced and compassionate immigration lawyers at Inclusive Migration have extensive experience in advocating for temporary visa holders who have experienced family violence in Australia, and can assist you with pursuing your own pathway to permanent residency. If you are in need of assistance, please do not hesitate to email us at info@inclusivemigration.com.au, submit an enquiry through the contact form on our website or send us a message via WhatsApp at +61 490 704 775 for a confidential discussion of your case. We are here to help you, and can refer you to other third party support services in the state or territory where you reside where needed.
