Is this your situation?
You are in Australia on a visa connected to your partner and you are experiencing domestic violence. You are scared that if you leave the relationship, you will lose your visa and be forced to leave Australia. Your partner may have told you that they will have your visa cancelled if you leave. You feel trapped.
You are protected
Australian migration law includes specific provisions for people experiencing family violence. These provisions exist precisely so that people in your situation do not have to choose between safety and visa status. You should not stay in a dangerous situation because of your visa.
If you have a pending partner visa application and the relationship breaks down because of family violence, you can still be eligible for the visa. The family violence provisions in the Migration Regulations allow you to continue with the application even though the relationship has ended.
What visa options may be available
If you have a pending partner visa application, the family violence provisions allow you to continue with that application. You will need to provide evidence of the violence as set out in the Regulations.
If you do not have a pending partner visa, other options may include a protection visa (if you face persecution or serious harm and cannot return to your home country), a Bridging Visa E to give you lawful status while you access support services and explore options, or referral to community legal centres that specialise in immigration and family violence.
Safety comes first
If you are in immediate danger, call 000 (police, ambulance, fire). For support, information, and counselling, call 1800RESPECT (1800 737 732). These services are free, confidential, and available 24 hours.
Your partner cannot cancel your visa. Only the Department can cancel a visa. If your partner tells you they will “have you deported,” they are trying to control you through fear. A migration agent can explain your actual rights.
How Bullseye Consultant can help
Amanpreet Bhangoo (MARN 1573884) handles family violence partner visa cases with sensitivity and confidentiality. Call (07) 3519 7009.
FAQ
Q: Will the Department tell my partner I applied under the family violence provisions?
The Department handles these matters with appropriate confidentiality. Discuss your safety concerns with your migration agent so they can advise on how to manage the process safely.
