Navigating Visa Options Amidst Domestic and Family Violence in Australia

Experiencing domestic or family violence is an incredibly challenging and isolating ordeal, especially for individuals on temporary visas in Australia. It’s essential to know that your safety and well-being are paramount, and Australia has provisions in place to support and protect you during such difficult times.

Understanding Domestic and Family Violence

Domestic and family violence encompasses a range of abusive behaviours that can cause physical, emotional, psychological, or financial harm. This includes:

• Physical violence
• Sexual assault
• Verbal or emotional abuse
• Controlling behavior
• Stalking
• Technology-facilitated abuse
• Financial abuse
• Abuse of the elderly
• Forced isolation or economic deprivation, including dowry-related abuse Immigration and citizenship Website

Such violence is unacceptable and is considered a crime in Australia. You have the right to live free from fear and harm, regardless of your visa status. Women’s Safety Hub

Your Rights as a Visa Holder

If you’re on a temporary Partner visa (subclass 309 or 820) or a Prospective Marriage visa (subclass 300), and your relationship ends due to family violence, you may still be eligible to apply for a permanent Partner visa (subclass 100 or 801). Australia’s migration laws include provisions to protect individuals in these situations, ensuring that you don’t have to remain in an abusive relationship to stay in the country.

To access these provisions, you’ll need to provide evidence of the family violence, which can include:

• Judicial evidence: Such as court orders or police reports.
• Non-judicial evidence: Including statutory declarations and reports from medical professionals, social workers, or psychologists.

It’s important to gather and present this evidence carefully to support your claim.

Support Services Available

You are not alone, and help is available:

• Emergency Assistance: Call 000 if you’re in immediate danger.
• Counselling and Support: Contact 1800RESPECT at 1800 737 732 for confidential counseling and information.
• Interpreting Services: If you need a free interpreter, call the Translating and Interpreting Service (TIS National) at 131 450.

The Department of Home Affairs also provides information in multiple languages and has a specialist Domestic and Family Violence Support team to assist temporary visa holders.

Taking the Next Steps

Leaving an abusive relationship is a courageous step, and you don’t have to navigate this journey alone. Legal assistance, counselling, and visa support are available to help you through this process.

For more detailed information, visit the Department of Home Affairs’ dedicated page on domestic and family violence and your visa: immi.homeaffairs.gov.au/visas/domestic-family-violence-and-your-visa

Remember, your safety and well-being are the top priorities. Support is available, and you have the right to live free from violence and fear.