When an applicant for a Partner visa is a victim of family violence by the Australian sponsoring partner

Immigration News

It can be daunting when your relationship breaks down during the process of your partner visa application.

Your future in Australia may suddenly turn uncertain, and you may be faced with the unexpected ordeal of having to depart from your loved ones and friends indefinitely.

That was the case for our client Mr. T.

A prolonged strain on Mr. T’s relationship led to it breaking down during his application for an 820/801 visa.

His Australian partner placed an Apprehended Violence Order (AVO) against him.

As a result of this, Mr. T was without a sponsor for his visa application, which seemingly put the viability of his application into jeopardy, and his future with his daughter at risk.

Lost on how to proceed with his application amidst this difficulty, he sought advice from the lawyers of NB Law Group Sydney Branch.

After a number of consultations with Mr T, the team advised him that his Partner visa application can still feasibly progress. This was because, although the relationship has broken down, he and his ex-partner have an Australian child together.

In order to progress in this direction, the team advised him to provide evidence of biological link to the child and a court order confirming his parental rights.

With respect to the criminal charges for domestic violence, the team advised Mr T to seek assistance from a criminal lawyer to challenge this and while this was happening, the team requested the Department to extend its request for further information.

Following this, we continued to correspond with Mr. T and the Department to ensure that all relevant documents were being provided, requirements were being met and that the application was progressing.

Taking our advice, Mr. T commenced legal proceedings with the Local and Family court.

In the family proceedings, he successfully obtained a parenting plan with his ex-partner.

In the criminal proceedings, he favorably negotiated with prosecution which decided to withdraw the domestic violence charge.

With this, the team empathically argued Mr. T’s matter with the Department and the latter eventually decided to grant him an 801 permanent resident visa having met the requirements of regulations 820.221(3)(b)(i) and 801.221(6)(c) of the Migration Regulations.

Finally, Mr. T is now able to look towards his future in Australia securely as a permanent resident.

Need help with progressing an Australian Partner Visa? Get in touch with the experienced team at No Boarders Law Group.