Family violence provisions for Australian Visa holders

Family violence provisions for Australian Visa holders

The Australian Government has a clear stance on domestic violence – it is not tolerated.

In full support of this, Ethos Migration is committed to providing professional and confidential advice to visa holders who are subject to family violence.

To emphasise our commitment, Ethos Migration provides free initial consultations to visa holder’s experiencing family violence.

If you have been, or are currently subject to family violence as a holder of an Australian visa there are a range of options available to you.

The family violence provisions apply to the following Australian visas: 

Primary applicants for:

• Partner (permanent) (subclass 100) visa
• Spouse (permanent) (subclass 100) visa*
• Interdependency (permanent) (subclass 110)*
• Partner (temporary and permanent) (subclasses 820/801) visas
• Spouse (temporary and permanent) (subclasses 820/801) visas*
• Interdependency (temporary and permanent) (subclasses 826/814)*.

*These visas have been closed to new applicants from 1 July 2009, existing applicants are covered by family violence provisions.

Partners of primary applicants for:

• Established Business in Australia (subclass 845)*
• State/Territory Sponsored Regional Established Business in Australia (subclass 846)*
• Labour Agreement (subclass 855)*
• Employer Nomination Scheme (subclass 856)*
• Regional Sponsored Migration Scheme (subclass 857)*
• Distinguished Talent (subclass 858).

* These visas have been closed to new applicants from 1 July 2012, existing applicants are covered by family violence provisions

If you are the holder of any of the above visa’s and are subject to family violence, there are provisions put in place to allow you to be granted with Permanent Residence if you are able to demonstrate that you have been in a genuine relationship which has since ceased and you have been or currently are, subject to family violence during the relationship.

The family violence provisions apply to not only the primary visa holder, but also the members of the family unit.

The definition of relevant family violence is defined as:

‘conduct, whether actual or threatened, towards:

• The alleged victim
• A member of the family unit of the alleged perpetrator
• A member of the family unit of the alleged victim
• The property of a member of the family unit of the alleged victim
• The property of the alleged victim
• The property of a member of the family unit of the alleged perpetrator

An application under the family violence provisions can be stressful and complicated – however it is incredibly important that you reach out if you are experiencing family violence as there may be options available to you.

Ethos Migration provides confidential assistance and support throughout the process – contact us today for a consultation to assess your options and eligibility.