Episode Summary:

There are quite a few people who enter or lodge an application to enter Australia on a temporary visa as they are in a relationship with an Australian citizen or a permanent resident who sponsors the applicant’s visa. These visas could be Temporary Partner Visa (subclass 820), Provisional Partner Visa (subclass 309), Dependent Child Visa (subclass 445), Distinguished Talent Visa (subclass 858), or Prospective Marriage Visa (subclass 300).

Sometimes, the applicant must cease their relationship with the sponsor as they have experienced domestic and family violence. The government of Australia defines Domestic and family violence as any conduct that makes you fear for your or your family’s safety and wellbeing. In such a situation, there are family violence provisions available to the victim(s). They may be eligible to apply for a permanent visa under such provisions provided the violence occurred during their relationship with their former sponsor who was also the perpetrator of the said violence.

In this podcast, we discuss how a person can legally claim that he or she was a victim of domestic violence. Amitava details out the judicial process and what the DHA's role is to explore the veracity of the claim. He also shares his experience with a client who filed a domestic violence claim but was denied a permanent visa to stay back in Australia. When she reached out to him for help, he understood the backstory and challenged the outcome from DHA. She won the appeal after 3 years and is an Australian citizen now.

If you or anyone you know is a victim of domestic violence, please reach out to Amitava for help or call the emergency line 000.

Keywords:

Temporary Partner Visa (subclass 820), Provisional Partner Visa (subclass 309), Dependent Child Visa (subclass 445), Global Talent Visa (subclass 858), Prospective Marriage Visa (subclass 300).

Main Topics:

• (00:00) What is Domestic Violence?

• (06:11) DHA's Role in Supporting the Victims

• (11:55) Client's Story

Additional Resources:

• Family Violence Provisions

- Links -

If you are seeking immigration advice, would like to have a discussion about your application, or any other matter related to your PR call us at +61 415 882 542.

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