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What happens if you are on a visa and encounter family violence?

 

The common ways family and domestic violence traditionally occur are through physical or psychological abuse, forced sexual relations or forced isolation or economic deprivation.  However, for those holding visas, specifically partner or prospective marriage visas, domestic and family violence may come in the form of threats against their visa status.

What then, can you do if your partner is using your visa status as a threat?  Depending on your visa, your visa might not be cancelled if you had to end your relationship due to family violence.

If you hold a subclass 302 or 820 Partner visa, or subclass 300 Prospective Marriage visa and you had to end your relationship because of family violence, Australia’s migration laws might allow you to continue with a subclass 100 or 801 permanent Partner visa.

You will need to show family violence has occurred against you or your family members.  You must then show you would have continued to hold the visa if not for the breakdown in your relationship.

Regardless of what forms it comes in, family and domestic violence is not accepted in Australia.  They are crimes against the law.  A person found guilty of family or domestic violence may be jailed for the crime.  If you or your family members are in immediate danger, phone the police at 000.  However, if the danger is not immediate and you would like to know what you can do to save your visa, contact us and we can help you.

 

How can Straits Lawyers help? 

Straits Lawyers can assist you with Care and Protection matters (Families SA), ensure that you won’t suffer in silence anymore.

 

Contact us today at info@straitslawyers.com for any enquiries.