Fiance Visa/Partner Visa and Family Domestic Violence Provisions
It is important to know that once a prospective spouse visa holder has entered Australia and the relationship has broken down due to family domestic violence and the couple have not yet married, there is nothing in the migration law that allows the visa holder to access the family domestic violence provisions.
For prospective spouse visa holders in this position they will need to find another visa to remain in Australia.
Problems may arise if they enter another relationship during this period as the immigration may raise doubts as to the genuineness of the relationship. The immigration may also call into question the legal definition of “sponsoring spouse” which must be the same sponsor as was indicated on the prospective spouse (fiancé) visa.
Also the case officer may take issue with the applicant’s character as they may be seen to have not complied with visa conditions nor notify the department of any change in their circumstances.
If having lodged a Partner Visa and the relationship ends due to family domestic violence and after marriage took place, the applicant will be eligible to access the Family Domestic Violence provisions in order to get permanent residency. If the sponsoring spouse dies after lodging the Partner Visa the Migration Regulations allow the visa applicant to seek an exemption and be granted permanent on application to the Department.
We have extensive experience in assisting applicants to advise them on requirements and help them in preparation of supporting evidence and preparing submissions to support such an application.