Family Violence Immigration: Guide To The Family Violence Rules For Australian Immigration [Update 2021]

Family violence and your visa

First of all, family violence is a crime in Australia. Violence of any kind is not tolerated by our legal system including our criminal justice system and our immigration selection process.

If you have experienced family violence in your relationship, you should get help immediately. You can get urgent help by calling the police in urgent matters. Also, consider calling 1-300-RESPECT for further guidance on what to do next.

The basics

If you have married your spouse while the holder of a Prospective Marriage visa (subclass 300) and applied for a Partner visa (subclass 820/801), or if you are awaiting the outcome of your application for a temporary Partner visa (subclass 820), or you have been granted a temporary Partner visa (subclass 820), or you have entered Australia as the holder of a provisional Partner visa (subclass 309) and you or your family members have experienced family violence (from your sponsor), then the family violence provisions in the Migration Act might allow you to have your case considered for permanent residency even though you have not met the 2 year rule and your relationship has broken down.

Unfortunately, you must understand that the current rules might not apply to you if you are a dependent on your partner’s visa application for a 461 visa or you are a holder of New Zealand family visa subclass 461. 

This means that you are sought based on the sponsorship by a New Zealand citizen residing in Australia, family violence provisions that apply to seekers of subclass 801 or subclass 100 permanent residence visas, will not apply to assist you.

Do you meet the criteria?

Do you have the required documents to apply for relief offered by the Family Violence Provisions? Check out this tool I have developed to get you an instant answer:

Cases I have done…

Nilesh Nandan As Seen In The SBS Article On Family Violence Provision

“it is particularly earth-shattering for temporary visa-holding women in Australia who have no such safety net as the Migration Act only safeguards partner visa applicants.”

— Immigration lawyer Nilesh Nandan says

Listen to the interview

23/05/2020

Nilesh Nandan As Seen In This SBS Article On Character Issue Visa Refusal

“The objective seriousness of a person committing domestic violence will likely mean that such a person will fail the character test, but each case needs to be considered on its own merits. An isolated incident in the particular circumstances of this case, was found by the Tribunal to be out of character”

— Mr Nandan told SBS Punjabi.

31/07/2018

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