Imagine living in constant fear, not only of your partner/spouse but also of losing your right to stay permanently in Australia. For thousands of temporary visa holders in Australia, this is a grim reality.
According to the Australian Bureau of Statistics (ABS) Personal Safety Survey (PSS) 2021-2022, an estimate of 3.8 million Australian adults reported to have experienced physical and/or sexual family and domestic violence as per the. A fraction of this figure are people from culturally and linguistically diverse backgrounds who may have a higher risk of experiencing family violence due to their temporary visa status and language barrier.
This article intends to provide practical guidance for those navigating family violence while holding a temporary visa or as an Australian citizen sponsor, by answering key questions from different scenarios below. Note that this article provides general information and does not constitute legal advice.
Scenario 1: Partner Visa holder experiencing family violence
“I have been experiencing physical, emotional, and financial abuse from my partner, and he always threatens me that he will cancel my temporary Partner visa if I report him to the authorities. I no longer intend to stay in our relationship, but I am worried that I will be deported.”
Your partner cannot cancel your current visa, but he can advise the Department of Home Affairs that he is withdrawing his sponsorship. This will affect your application for your permanent residency (stage 2 of your Partner Visa).
You may still be eligible to apply for your permanent residency visa if you can provide evidence that family violence occurred while you were still in a relationship with your partner and your sponsor/partner was the perpetrator. The Department of Home Affairs will first assess and be satisfied that you were in a genuine and ongoing relationship with your former sponsor before it ceased.
Evidence of family violence include court documents (such as an intervention order) or non-judicial evidence such as reports from the police, medical practitioner, social worker, etc.
Scenario 2: Dependent spouse of a 189 visa applicant
“My husband included me as his dependent spouse on his Skilled Independent (subclass 189) visa application. While we are waiting for the decision on our visa application, our relationship has been deteriorating as he has been increasingly more controlling, and the emotional abuse he puts me through is also becoming more intense. Will I still get a permanent residency visa as his dependent on 189 visa if I end our relationship?”
You may still be eligible to be granted a 189 visa once your husband’s visa is granted if you can provide evidence of your family violence claims.
For many years, the family violence provision was only available for Partner Visa holders/applicants. On 10 October 2024, the legislation for select permanent residency visas were amended to include family violence provisions as per the Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024. This means that secondary applicants for permanent visas such as Skilled Independent (subclass 189), Skilled Nominated (subclass 190), Employer Nomination Scheme (subclass 186), and more, can avail of this provision when applicable.
Note that the family violence provision is not available for temporary visa holders such as Student Visa and Graduate Visa (and more) with the exemption of temporary Partner visa holders.
Scenario 3: Sponsors experiencing family violence
“I am an Australian citizen, and I sponsored my husband for a Partner Visa (subclass 820) application. He has been committing family violence against myself. Can I cancel his visa?”
You cannot cancel your husband’s Partner Visa, but you can withdraw your sponsorship for a Partner Visa application permanent stage (subclass 801). Without a sponsor, your husband’s 801 visa cannot be granted.
If you are in any of these circumstances mentioned above and you fear for your safety, it is recommended to reach Safe Steps, Orange Door, or other family support service providers. You can find the contact details of these providers on the link below:
https://www.vic.gov.au/family-violence-statewide-support-services
It can be difficult to pursue your visa objectives when family violence occurs in the family home. Understanding the legal implications of your choice of actions in your current situation can be daunting especially if you are new in Australia. If you need guidance or assistance on visa matters, it would be best to engage with a Registered Migration Agent or an Immigration Lawyer. For criminal and family matters, it is suggested that you seek advice from a Criminal/Family Lawyer.