If someone in your family unit or you have experienced family violence from your visa sponsor, this article is relevant for you.

What is family violence?

Family violence is any sort of conduct that makes you fear for you or your dependents’ well-being and/or your safety. The definition of family violence includes:

  • Physical abuse
  • Financial abuse
  • Psychological abuse

For family violence provisions to be invoked and your Partner Visa still be granted despite the termination of your relationship, the Case Officer assessing your claims:

  • Must be satisfied that you were in a genuine and continuing relationship until it ended.

 

The type of evidence that you should be gathering to support this requirement, should cover the 4 categories that should have been addressed when you lodged your Partner Visa. Bear in mind that you need to provide evidence to support the entire length of the relationship.

 

  1. Financial Aspects
  2. Social Aspects
  3. Nature of the Household
  4. Nature of the persons’ commitment to each other

 

  • Must be satisfied that family violence occurred during the relationship and not after it ended.

The type of evidence you provide must clearly show that you were still together when you or your dependents suffered domestic violence.

 

  • Must be satisfied that you have provided evidence of one of the following two categories:

 

  1. Judicially determined evidence:

  • An Injunction order that has been issued by a Court attesting that family violence occurred during the relationship between the victim and the sponsor.

 

 

  • An Australian Court order that has been issued by a court for the protection of the victim, after the sponsor has been given the opportunity to respond to the claims made.

 

  • A Conviction: The sponsor has been convicted or a Court has recorded a finding of guilt against him/her.

 

  1. Non-judicially determined evidence:

 

  • The victim and sponsor have made a joint undertaking to a court, where the sponsor has admitted that he/she committed family violence OR

 

  • Statutory declaration made by the victim/primary applicant AND two pieces of the following documents (which need to be from two different categories):

 

  • Medical report, Nurse report or Hospital report
  • Report by a police officer or a report made to a police officer by a witness.
  • Report or Statutory Declaration from a child welfare/safety authority.
  • Letter or assessment report by a women’s refugee or family/domestic violence crisis centre.
  • Statutory declaration by a registered psychologist.
  • Statutory declaration by certain family consultants or a family counsellor.
  • Statutory declaration or letter by the school principal or school counsellor

Please bear in mind that there are certain requirements the person writing the statement, statutory declaration or letter must meet. There are also strict guidelines that must be followed when issuing these documents.

 

What are the requirements of the Statutory declaration by the victim or primary visa applicant?

We suggest you use Form 1410.

  • Name of the sponsor (perpetrator)
  • Name of the person who has suffered family violence
  • If the victim is not the primary applicant, identify the relationship between the victim and the sponsor. For example, if the victim is the primary applicant’s dependent child.
  • Family Violence Claims in detail: You should spend time drafting a detailed and complete statement explaining as many episodes of Family Violence as possible. We suggest that you refer to each piece of evidence that you will be attaching in support of your application.
  • The Statutory Declaration AND all documents attached must be witnessed by an authorised witness. You should follow the instructions on the form
  • Must be written in English: You can draft it in your mother tongue and get it translated by a NAATI Accredited translator.

You can find more information about meeting the Family Violence Provisions on the Department of Home Affairs’ website:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/family-violence-and-your-visa