At Kris Ahn Lawyers, we provide support and guidance to individuals navigating the complexities of immigration law, particularly in challenging circumstances. Today, we want to share a story about an applicant who successfully obtained their 801 Permanent Residence (PR) partner visa through a family violence claim. We hope this story brings hope and assistance to those in similar situations. This detailed case study shows Tony’s expertise as a Senior Lawyer at Kris Ahn Lawyers.
Case Background
Our applicant endured long-term mental, social, and economic control and abuse from the sponsoring partner while holding an 820 temporary partner visa. This included restrictions on social interactions and gaslighting. Reaching a breaking point, the applicant finally chose to leave the relationship.
Urgent 801 Visa Application
Only a month after the breakup, the sponsor withdrew the sponsorship from the immigration department. We promptly contacted the immigration department, informed them about the family violence, and applied for the 801 PR partner visa under the family violence provision. The visa was granted 7 days after submitting all necessary evidence and statements.
Broad Definition of Family Violence
Many believe that family violence is solely physical. Still, the immigration department’s definition also includes mental, verbal, economic, and social abuse, as well as control and manipulation using the visa as leverage. Here are some common forms of family violence:
- Physical Abuse: Includes hitting, punching, choking, restraining, using weapons to frighten, and causing property damage.
- Sexual Abuse: Involves unwanted sexual activity, forcing intercourse, making you engage in uncomfortable sexual acts, or watching sexual acts against your will.
- Verbal or Emotional Abuse: Consists of threats, name-calling, harassment, undermining you as a parent, and coercive control aimed at isolating and manipulating you.
- Social Abuse: Behaviours that cut you off from family, friends, or community, such as public insults, isolation, and monitoring movements.
- Financial Abuse: Limits your access to money, controls finances, incurs debts in your name, and prevents you from working.
For more detailed information, visiting the official Department of Home Affairs website is recommended.
Importance of Professional Assistance
The key to this case’s success was the comprehensive materials we provided and our professional legal advice and statements. This ensured the immigration department did not require additional information before granting the visa. The department prioritises and highly regards cases involving family violence.
801 Visa Processing Time
Due to the exceptional nature of this case, the visa was granted in seven days, which is not indicative of the standard processing time. Generally, the processing time for a standard 801 visa ranges from 6 to 10 months.
Message to Other Victims of Family Violence
If you or someone you know is experiencing family violence, it is crucial to recognise and address it early. Speak out courageously. Family violence is not limited to physical harm. Educate yourself about your true situation instead of suffering in silence.
Conclusion
This case exemplifies how Kris Ahn Lawyers’ expertise and strategic approach can overcome significant immigration challenges. Focusing on the compelling and compassionate aspects of our client’s circumstances enables us to advocate effectively for their needs and achieve successful outcomes.
If you or someone you know is in a similar situation, contact Kris Ahn Lawyers today. Our team provides personalised and effective solutions to help you navigate complex immigration processes.
Disclaimer: Not Legal Advice
The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.
Do not rely solely on the information presented here – but please book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.
Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.
