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Permanent Residency Secured Through Family Violence Provisions After Prospective Marriage Visa Abuse

Visa TypeProspective Marriage / Partner Visa
CategoryPartner Visa

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

How We Helped

We engaged the family violence provisions, which allow applicants whose spousal relationships break down due to family violence to continue their permanent residency application. We submitted that, notwithstanding the abuse inflicted by the former sponsor, there was sufficient evidence of a genuine spousal relationship at its outset, providing the legal basis for the visa to be granted.

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Key Success Factors

  • Accurate identification and application of the family violence provisions within migration legislation
  • Evidence establishing the genuineness of the relationship alongside the family violence circumstances
  • Careful presentation of sensitive material demonstrating abuse and coercion by the sponsor
  • Legal argument balancing the breakdown of the relationship with the applicable migration provisions
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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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