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Partner Visa Permanent Component Granted Under Family Violence Provisions After Emotional Abuse

Visa TypeSubclass 820 / Subclass 100
CategoryPartner Visa

Case Summary

An applicant on a Subclass 820 Partner Visa who experienced verbal abuse, constant criticism, wrongful accusations and emotional neglect from her sponsor sought our assistance when her relationship broke down. We successfully notified the Department of her changed circumstances and prepared a family violence submission enabling her permanent visa to be processed.

Background

Our client held a Subclass 820 Partner Visa and had suffered a sustained pattern of verbal abuse, constant criticism, wrongful accusations and neglect amounting to emotional and psychological abuse from her sponsor. The relationship eventually broke down. Without intervention, the applicant would have been required to leave Australia as she could no longer satisfy the ongoing relationship requirement of her partner visa. We identified that the family violence provisions within Australian migration legislation provided a pathway for the permanent component of her application to continue processing despite the relationship breakdown.

Challenges

  • Relationship breakdown meant the applicant could no longer satisfy the partner visa's ongoing relationship requirement
  • The family violence consisted of emotional and psychological conduct — not physical — requiring detailed professional evidence
  • Required notification to the Department of changed circumstances alongside a complete family violence submission
  • Gathering professional reports and evidence to substantiate the abuse given the absence of physical indicators

How We Helped

We notified the Department of Immigration and Border Protection of the applicant's changed circumstances and then prepared a detailed family violence submission. We collated supporting evidence and professional reports substantiating the applicant's claims of verbal abuse, psychological harm and neglect, and prepared a forensically structured submission ready for decision-making by the Department.

Schedule a call to discover how our experience and expertise made it possible

Key Success Factors

  • Proper and timely notification to the Department of the changed circumstances
  • Professional reports from relevant practitioners substantiating the emotional and psychological abuse
  • Forensically prepared and decision-ready submission addressing all relevant legal criteria
  • Clear legal argument establishing that the conduct met the definition of family violence under migration legislation
Schedule a call to discover how our experience and expertise made it possible

Outcome

The Department accepted the family violence submission and the permanent Subclass 100 Partner Visa was processed and ultimately granted.

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