At Kris Ahn Lawyers, we are committed to supporting victims of domestic and family violence, ensuring they can navigate their visa applications with the compassion and urgency they deserve. One recent case underscores the importance of providing assistance to those in vulnerable situations and highlights how Australian immigration law supports victims of domestic violence.
Tony, a Senior Lawyer at Kris Ahn Lawyers, shares this insightful case study on immigration challenges and solutions.
Case Study: From Temporary to Permanent Residency Amidst Domestic Violence
Our client, who initially applied for a Temporary Partner Visa (subclass 820), faced an unexpected and traumatic turn in her life. Less than two years into her application, her relationship with her sponsor ended due to domestic violence. Despite this challenging situation, she remained eligible for the Permanent Partner Visa (subclass 801) because of the provisions in place for victims of domestic violence.
Understanding Domestic and Family Violence
Domestic and family violence is any conduct that makes you fear for your or your family’s safety and well-being. It can manifest in various forms, including:
- Physical violence
- Sexual assault
- Verbal or emotional abuse
- Controlling behaviour
- Stalking
- Technology-facilitated abuse
- Financial abuse
- Abuse of the elderly
- Forced isolation or economic deprivation, including dowry-related abuse
In Australia, domestic and family violence is not acceptable under any circumstances and is considered a crime. Victims do not need to stay in a harmful relationship to maintain their visa status.
The Path to Permanent Residency
In this case, our client’s relationship with her sponsor ended due to domestic violence, yet she was able to proceed with her application for the Permanent Partner Visa (subclass 801). With the right legal support and thorough documentation of her situation, she successfully transitioned to permanent residency. Remarkably, her 801 visa was issued in less than a month after filing.
This swift approval highlights the importance of recognizing and addressing the needs of domestic violence victims within the immigration framework. The provisions allow victims to seek safety and stability without the fear of losing their residency status.
Support for Victims
If you or someone you know is experiencing domestic or family violence, it is crucial to seek help immediately. In Australia, there are numerous resources available to support victims:
- Emergency Services: Call 000 if you or someone you know is in immediate danger. The police in Australia are safe and can be trusted.
- National Support Service: For free, confidential counseling and information, call 1800 RESPECT on 1800 737 732.
- Translating and Interpreting Service: If you need a free interpreter, call TIS National on 131 450.
Conclusion
Domestic and family violence should never be a barrier to securing your future in Australia. At Kris Ahn Lawyers, we are here to support you through every step of your visa application process, ensuring that your rights and wellbeing are prioritized. If you are a victim of domestic violence, know that there are provisions and resources available to help you achieve a safe and stable life in Australia.
For more detailed information and assistance, visit the Domestic and Family Violence and Your Visa page on the Home Affairs website or contact Kris Ahn Lawyers for personalized legal support.
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.
