Obtaining permanent partner visa on the basis of family violence
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Level 35, 31 Market Street, Sydney NSW 2000 Australia
Unit 1-6, 25/f, building 1, chengdu international financial center, no.1, section 3, hongxing road, jinjiang district, chengdu city, sichuan province, zip code 610021
The Australian migration system allows Australian citizens and permanent residents to sponsor their partners and spouses to migrate to Australia and obtain Australian permanent residency through the 820/801 and 309/100 partner visa programmes.
Unfortunately, couples do break up and/or may even divorce post-marriage. In such circumstances and under the provisions of the Migration Regulations 1994 (Cth), such visa applications would fail due the breakdown of the said relationships.
Exception: family and domestic violence
That being said, there is a special exception to the rule above – which is that an applicant’s permanent partner visa application would nevertheless succeed if s/he or his/her family member had been subjected o family or domestic violence perpetuated or committed by the sponsoring person.
This requirement appears straight forward enough albeit we still see, on a daily basis, clients whose partner visa applications fail notwithstanding their exposures to family violence as a result of negligence of inexperience by their previous migration agents or lawyers. This is because family and domestic violence, of themselves, are not sufficient to satisfy the legal requirements of the Migration Regulations.
When is family and domestic violence insufficient?
Schedule 2 of the Migration Regulations in relation to the 801 and 100 visas has an extremely nuanced requirement – which is that the breakdown in the relationship cannot precede the family violence. The immigration department, when applying the immigration policy and guidelines, will refuse a parter visa application if the departmental delegate is of the opinion that at the relevant time the alleged family violence took place, the relationship between the sponsor and the visa applicant had already irretrievably broken down.
If you have a corresponding and related legal enquiry, please contact our office immediately.