For details, please see the following situations: 1. If the applicant enters Australia with a temporary visa for unmarried couples, marries his spouse during the validity period of the visa, and suffers domestic violence during the relationship, and the applicant has already If y

If a spouse is subjected to domestic violence during the visa processing period, may he be able to obtain permanent residence in advance?

Australia has always had a very firm attitude towards zero tolerance of domestic violence. The Immigration Bureau official website describes domestic violence in this way: "In Australia, domestic violence is unacceptable under any circumstances and domestic violence is a crime." What should I do if I suffer domestic violence during the spouse visa processing? Will my visa be affected if I report domestic violence?

In fact, Australia’s relevant immigration policies and laws pay close attention to the group of domestic violence victims. To put it simply, if you suffer from domestic violence and the relationship breaks down during the application for a spouse visa, Australia may give it to you in advance if certain conditions are met. Permanent residence .

What is domestic violence?

Types of domestic violence are not limited to physical harm, it may include:

- Physical violence

- Sexual assault

- Verbal or emotional abuse

- Controlling behavior

- Tracking behavior

- What should I do if my spouse is subjected to domestic violence during the visa processing process such as forced isolation or financial exploitation?

?

Many people think that once they apply for a spouse visa, their visa and destiny will inevitably be in the hands of the sponsor. However, considering the vulnerable group of domestic violence victims who dare not speak out because they are worried about visa implications, the Australian government encourages domestic violence victims to bravely stand up to the police or seek other help to get themselves out of this danger as soon as possible. And a violent situation.

Applicable situations

According to the immigration regulations, visas applicable to the "domestic violence" regulations cover related spouse visas at home and abroad, including subclass 820/801/309/100/300, etc.. In these cases, if spousal relationship was affected by family If the situation is violent and broken, the applicant may be able to obtain permanent residence qualifications in advance. For details, please see the following situation:

1. If the applicant entered Australia with a temporary marriage visa for unmarried couples (subclass 300), and married his spouse within the validity period of the visa , and suffered domestic violence during the relationship, and If the applicant has applied for the subclass 820 visa before the spousal relationship ends, the applicant may directly obtain the permanent residence qualification if he meets the conditions.

2. If the applicant has submitted a domestic temporary spouse visa (subclass 820) , but the spousal relationship has broken down because the applicant or the child has suffered domestic violence from the guarantor, then the applicant may apply if the conditions are met. Will directly obtain permanent residence qualification.

3. If the applicant holds a domestic temporary spouse visa (subclass 820) and has applied for permanent spouse immigration (subclass 801) , and if the applicant or his or her children suffer from domestic violence, then if the conditions are met, the applicant may directly obtain permanent residence qualifications .

4. If the applicant holds an overseas temporary spouse visa (subclass 309) and holds this visa to enter Australia after the visa is issued, if the applicant or the child suffers from domestic violence and the spousal relationship breaks down, if certain conditions are met, Under this circumstance, the applicant may directly obtain the permanent residence qualification.

Related conditions

According to the requirements, applicants must prove:

1. Before the spousal relationship breaks down, the relationship between the applicant and the spouse must be real and existing.

2. Domestic violence against yourself or other family members must occur during the existence of the spousal relationship.

Provide evidence

1. Court documents (provide one)

a. Court injunction issued against your spouse under the Family Law

b. Court injunction issued against your spouse under state or territory law. court order )

c. Court conviction records

d. Plea records

2. Non-judicial evidence

If there are neither court documents nor a joint undertaking (joint undertaking), you can submit statutory declaration and official documents (statutory declaration and official documents) , but if you choose this option, you must provide at least two types of the following documents, which can include:

- the applicant's medical report, hospital report, etc.

- statutory declaration (statutory declaration), report (report) of witnesses of domestic violence , record of assault, witness statement, etc.

- Reports or statutory declarations from child welfare agencies, state or territory child protection agencies.

- A letter on agency letterhead or an evaluation report from a women’s refuge or family/domestic violence crisis centre.

- Statutory declaration provided by social worker.

- Statutory declaration from a registered psychiatrist who provides treatment to victims.

- Statutory declaration for family counselors.

- A letter or statutory declaration on school letterhead issued by the school counselor or principal.

Finally

Australia has a zero-tolerance attitude towards domestic violence. Don’t keep silent about domestic violence because you are worried about your visa or permanent residency. In Australia, considering the vulnerable status of victims, laws and policies provide certain protection. If you encounter domestic violence and your relationship with your spouse breaks down but you are worried about your visa status, please be sure to seek professional help. We can make the best choice for you.