Permanent Residency Secured Through Family Violence Provisions After Prospective Marriage Visa Abuse
Case Summary
An applicant who arrived on a Prospective Marriage Visa was subjected to mental and physical abuse by her sponsor and forced to work in an occupation contrary to her moral principles. After the relationship broke down, we successfully invoked the family violence provisions to secure her permanent residency.
Background
Our client arrived in Australia on a Prospective Marriage Visa. After arrival, her sponsor subjected her to both mental and physical abuse and compelled her to work in an occupation that compromised her moral principles. The relationship subsequently broke down entirely. The applicant faced the loss of her migration pathway as the continuation of her application ordinarily required the maintenance of the spousal relationship. We identified that the family violence provisions within the migration legislation offered a pathway for the applicant to pursue permanent residency despite the breakdown.
Challenges
- Relationship breakdown meant the applicant no longer met the standard ongoing relationship requirements
- Evidence of both family violence and a genuine prior relationship had to be established simultaneously
- Sensitive circumstances requiring careful handling of the applicant's personal evidence
- Demonstrating the relationship had been genuine even given the coercion and abuse involved
Outcome
The argument was accepted by the decision-maker and the visa was granted, securing the applicant's permanent residency in Australia.
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