QLD How strong is a "DVO WITHOUT admission" to apply for permanent residency?

[bobby12]

Hi All,

As the title suggest is a DVO(domestic violence order) without admissions strong enough judicial evidence to get permanent residency? i had a friend who recently separated and filed a DVO. If anyone has been through this please share your events, thoughts and comments on it. How does immigration view this order? and do they do any investigation of their own?

Thanks

 

[Tim W]

Hi All,

As the title suggest is a DVO(domestic violence order) without admissions strong enough judicial evidence to get permanent residency?

A single, first time order, with no record of breaches?
Almost certainly not.

 

[bobby12]

Yes, first time order, no record of breaches by the respondent, no police reports, no evidence of physical abuse and the dvo was filed 3 months after the letter of separation was sent to immigration department. And the relationship lasted less then 11 months.

 

[humlal]

As of my last update in September 2021, "DVO WITHOUT admission" does not have a specific meaning in the context of permanent residency applications. However, I can provide some general insights on the matter.
Permanent residency applications typically vary significantly depending on the country's immigration policies and the specific visa or residency category you are applying for. Different countries have different requirements for granting permanent residency, and the strength of your application will depend on various factors such as:

1. Eligibility Criteria: Meeting the specific eligibility requirements for the permanent residency category you are applying under is crucial. This could include factors like education, work experience, family connections, language proficiency, financial stability, etc.
2. Documentation: Providing accurate and complete documentation to support your application is vital. This includes identity documents, educational certificates, employment records, financial statements, and any other relevant paperwork.
3. Immigration Policies: Understanding the current immigration policies of the country you are applying to is essential. Policies can change over time, affecting the strength of your application.
4. Clear Criminal Record: Most countries conduct background checks, and having a clean criminal record strengthens your application.
5. Health Requirements: Some countries require health examinations to ensure applicants do not have certain contagious diseases.
6. Timeliness: Submitting your application within the designated time frames can also be important.

If you are considering applying for permanent residency, it's best to consult official government sources or an immigration lawyer familiar with the specific country's regulations. They can provide you with accurate and up-to-date information tailored to your situation, maximizing the strength of your application. Remember that each case is unique, and outcomes can vary depending on individual circumstances and the country's immigration policies at the time of application.
https://www.gulbenkian.co.uk/
Gulbenkian Andonian Solicitors

 

[humlal]

hhhhhhhhh

 

[humlal]

Yes, first time order, no record of breaches by the respondent, no police reports, no evidence of physical abuse and the dvo was filed 3 months after the letter of separation was sent to immigration department. And the relationship lasted less then 11 months.

As of my last update in September 2021, "DVO WITHOUT admission" does not have a specific meaning in the context of permanent residency applications. However, I can provide some general insights on the matter.
Permanent residency applications typically vary significantly depending on the country's immigration policies and the specific visa or residency category you are applying for. Different countries have different requirements for granting permanent residency, and the strength of your application will depend on various factors such as:

1. Eligibility Criteria: Meeting the specific eligibility requirements for the permanent residency category you are applying under is crucial. This could include factors like education, work experience, family connections, language proficiency, financial stability, etc.
2. Documentation: Providing accurate and complete documentation to support your application is vital. This includes identity documents, educational certificates, employment records, financial statements, and any other relevant paperwork.
3. Immigration Policies: Understanding the current immigration policies of the country you are applying to is essential. Policies can change over time, affecting the strength of your application.
4. Clear Criminal Record: Most countries conduct background checks, and having a clean criminal record strengthens your application.
5. Health Requirements: Some countries require health examinations to ensure applicants do not have certain contagious diseases.
6. Timeliness: Submitting your application within the designated time frames can also be important.

If you are considering applying for permanent residency, it's best to consult official government sources or an immigration lawyer familiar with the specific country's regulations. They can provide you with accurate and up-to-date information tailored to your situation, maximizing the strength of your application. Remember that each case is unique, and outcomes can vary depending on individual circumstances and the country's immigration policies at the time of application.
Gulbenkian Andonian Solicitors

 

[zaffin]

Hi bobby12, I used this new Legal AI tool and this was it's response, hope it helps

"
Navigating issues surrounding the consideration of a Domestic Violence Order (DVO) in the context of an immigration application involves the consideration of various legislations like the Family Law Act 1975, the Migration Act 1958, and the Crimes Act 1914, amongst others.

The status of a DVO may contribute to factors considered by immigration authorities who operate under legislation such as the Migration Act 1958, but it is generally not regarded as sufficient judicial evidence when seeking permanent residency. Understand that a DVO without admissions is a civil order passed by Family Court, or its state and territory equivalents, which forms part of a broad collection of evidence demonstrating the existence of a relationship or perhaps a need for particular protection under the Family Law Act 1975.

Some sections of the Family Law Act that would be of relevance here include s60CC (2A)(a) and s61D (2), which relate to Court considerations of family violence in making a parenting order and protective measures for a child, respectively.

The Migration Act 1958 governs immigration matters and the Immigration Department would conduct comprehensive background checks as per the Visa Grant rules detailed in the Migration Act 1958, in which a DVO may just be one of the factors considered.

Additionally, the Crimes Act 1914 may be consulted in relation to investigations and evidence if allegations of domestic violence are being made to authorities.

Furthermore, legislation surrounding the protection of domestic violence victims and their rights may also be informative, such as the Domestic and Family Violence Protection Act 2012 in Queensland.

However, legislation does vary by country and state, and immigration authorities may conduct their independent investigations into domestic violence allegations. It's therefore highly recommended that specialised legal advice be sought for the situation at hand.

In conclusion, while a DVO can be a significant piece of evidence, it is part of a holistic consideration by immigration departments that assess numerous factors including relationship authenticity, applicant backgrounds, and legislative requirements. The handling of a DVO in the context of immigration may vary based on individual circumstances, jurisdictions, and the specifics of the case at hand."