820 Visa Holder Granted Permanent Residency Under Family Violence Provisions After Emotional Abuse
Case Summary
An applicant who held a Subclass 820 Partner Visa experienced emotional and psychological abuse from her sponsor after the visa was granted. When the relationship broke down, we notified the Department and lodged a non-judicial family violence claim, resulting in the grant of a Subclass 100 Permanent Partner Visa.
Background
Our client had arrived in Australia on a Subclass 575 Student Visa, met the sponsor and entered into a genuine committed relationship. When her student visa was close to expiry, the couple lodged a combined Subclass 820/801 partner visa application and the Subclass 820 was granted. After the visa was granted, the relationship deteriorated and the applicant became a victim of emotional and psychological abuse at the hands of the sponsor. She left the relationship and came to us for assistance.
Challenges
- The relationship had broken down, meaning the applicant no longer satisfied the ongoing relationship requirement
- Abuse was emotional and psychological rather than physical, requiring professional evidence
- A non-judicial determination was needed as there was no court order or conviction relating to the abuse
Outcome
The non-judicial family violence claim was accepted and the applicant was granted the Subclass 100 Permanent Partner Visa.
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