Relationship Breakdown

Relationship Breakdown - Your Options

If your relationship has ended with a sponsoring partner, and you do not withdraw your application, and no exemption applies to your case, then the Department is most likely going to refuse your application. In this case, we recommend that you seek professional opinion.

If your relationship with your sponsoring partner has ended, and there is no hope reconciliation and no exemption apply to your case, you can withdraw your application, after speaking to one of our Migration Agent. This ensures that there are no visa refusals on your name. 

 

 

If your relationship has broken down between your partner, you may be able to claim an exemption if one of the following circumstances applies to you:

  1. If you have experienced family violence from your sponsor during your relationship; or
  2. If you have a child from the relationship; or
  3. If your sponsor has died.

 

 

Relationship Breakdown Exemptions

CHILD IN RELATIONSHIP

You may still be eligible for Permanent Residency, if;

    1. You and your sporing partner have joint custody or joint access to a child; or

    2. You and your sponsoring partner have parental responsibilities towards a child.

DEATH OF SPONSOR

If your sponsor has passed away, you may still be eligible for permanent residency if:

    1. You would have continued your spousal or de facto relationship with your sponsor had the sponsor not died; and

    2. If you are still holding the 300 prospective marriage visas, you have married the sponsor before the death, and have developed close business, cultural or personal ties with Australia

FAMILY VIOLENCE

If you were subjected to family violence whilst in a relationship, you may be eligible for an exemption. 

What is Family Violence?

Family Violence is any conduct that makes you reasonably fear for your safety or wellbeing. This could be an actual threat to your person or that of your family members, or to your mental health & wealth being, from the alleged perpetrator and/or their family members.

Family violence can include:

Physical Abuse or Harm

Psychological Abuse or Harm

Verbal Abuse

Stalking

Technology Facilitated Abuse

Financial Abuse

Abuse of Elderly

Forced Isolation or Economic Deprivation

This includes including dowry-related abuse.

Steps to Lodge your Family Violence Submission

STEP 1: Inform the Department about the Relationship Breakdown

If your relationship with your sponsorship partner have ended, you will need to inform the Department of the same, as is your obligation.

STEP 2: Consult an Immigration Specialist (i.e.; us) about your current visa situation

If you are currently in Australia, in a bridging visa, you will need to either:

  • Make arrangements to leave Australia
  • Explore alternative pathways to stay back in Australia

If you are looking for ways to stay back in Australia, we recommend that you book a consultation to discuss your current situation

STEP 3: Await Department Communication

Once you or sponsor informs the Department of the breakdown, they will send you official correspondence to comment on your relationship.

STEP 4: Respond to the Departments Communication

Based on the Migration Action Plan we have created in Step 2, we will create a legal submission, based on facts and evidence, to support your case. You must respond to the Department within 28 days.

 

STEP 5: Wait for a response from the Department.

Once you have responded, you now wait to hear back from the Department.

How do I prove family violence?

While you have experienced family violence, proving it is very important. You can prove family violence by providing:

Judicial Evidence

Under this section, you can provide facts and evidence of your financial commitment to each other.

Non Judicial Evidence

In this section, you can provide evidence of any joint responsibility for the care and support of children, your living arrangements and sharing of the responsibility for housework. 

Judicial and Non Judicial Evidence?

JUDICIAL EVIDENCE

Judicial Evidence includes:

  • a court injunction under the Family Law Act 1975 against your partner
  • a court order against your partner made under a State or Territory law
  • a record that the court has convicted your partner of a family violence offence against you or your dependant(s)
  • a 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

Non-judicial evidence includes any of the following:

  • Joint undertaking to a court about proceedings where there was an allegation of violence

 

No Joint Undertaking

If you cannot provide a document from a court of law or a joint undertaking, you will have to provide:

  1. Form 1410 – Statutory Declaration
  2. Approved independent evidence, along with the above statutory declaration

Something else ?

    FAQ

    We are happy to answer
    any queries you may have

    What to do if you are being violated?

    If you are subjected to family violence at home:

    1. Call 000
    2. Get a Family Violence Intervention Order against the perpetrator.
    Who can apply for PR due to family violence?

    You can continue to process your permanent residency application, if you:

    • have applied for a Partner (subclass 820/801) visa, or
    • are in Australia as the holder of Partner (subclass 309/820) visa, or
    • hold a Prospective Marriage (subclass 300) visa and have married your sponsor
    What happens after submitting documents to the department?

    If you are unable to provide judicial evidence, the Department is not required to accept non-judicial evidence. If this is the case, they might refer you to an independent expert. They will contact you for an appointment

    During the interview, the independent assessor will assess your claims. If they determine that family violence has not occurred, then your visa application will likely be refused.

    What if the application is accepted?

    If your domestic violence submission is accepted by the Department, they will grant you a permanent partner visa, enabling you to stay back in Australia, indefinitely.

    What if the application is rejected?

    If your domestic violence application is rejected by the Department, your visa will inevitably be cancelled. In this instance, you may be eligible to appeal your case to the Administrative Appeals Tribunal.

    Summary of cost estimates
    for your application

    There is no additional cost in processing your domestic violence application. This will be considered under your partner visa processing.

    Processing Times for Family Violence

    Processing time for domestic violence claims is not available. However, you can ensure that your application is processed quicker and more efficiently by compiling a decision-ready application at the time of lodgement. This enables your application to be applied with all the relevant documents, evidence and submission, to ensure the grant of the visa, without any delay from the Department.

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