Is this your situation?
You applied for a partner visa and the relationship has ended before the visa was decided, or before the second stage (permanent visa) was granted. You are afraid that without the relationship, you will lose the visa and have to leave Australia. You may also be dealing with the emotional difficulty of the breakup at the same time.
What happens to your partner visa
If your relationship breaks down before the partner visa is decided, the Department will generally refuse it because you no longer meet the requirement of being in a genuine and continuing relationship.
However, there are specific exceptions in the Migration Regulations for situations involving family violence.
Family violence exception. If the relationship broke down because of family violence committed by your sponsor, you may still be eligible for the partner visa. The Migration Act and Regulations include provisions specifically designed for this situation, because the law recognises that visa holders should not be forced to stay in a violent relationship to maintain their visa.
Children from the relationship. If you have dependent children from the relationship who are Australian citizens or permanent residents, this is a factor that may be considered in the assessment.
What evidence you need for the family violence exception
The evidence requirements are set out in the Migration Regulations. There are multiple ways to demonstrate family violence for migration purposes. These include police reports, apprehended violence orders or intervention orders, statutory declarations from you describing the violence, statutory declarations from family or friends who witnessed or were told about the violence, medical reports documenting injuries or psychological harm, reports from social workers, counsellors, or family violence services, and evidence of contact with family violence support services.
You do not need to have made a police report to use the family violence provisions. Other forms of evidence are accepted.
How Bullseye Consultant can help
Amanpreet Bhangoo (MARN 1573884) handles partner visa cases involving relationship breakdown and family violence. He can assess whether you qualify for the family violence provisions and prepare your case. These matters are handled with confidentiality and sensitivity.
Call (07) 3519 7009 or email info@bullseyeconsultants.com.au.
FAQ
Q: Can I get the partner visa if the relationship simply did not work out?
If the relationship ended without family violence, the visa will generally be refused. The family violence exception is the main pathway to maintaining eligibility after a breakdown.
Q: Does family violence have to be physical?
No. The legislation and regulations recognise physical violence, sexual abuse, emotional and psychological abuse, economic abuse, social isolation, and threats. The definition is broader than many people expect.
