NSW Permanent partner visa & family violence

Discussion in 'Immigration Law Forum' started by Leanna, 14 August 2018.

  1. Leanna

    Leanna Member

    14 August 2018
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    Hi everyone,
    I'm writing here searching for some information from a family/immigration lawyer or from some people who have been in my situation before as it's so complicated finding some help from the appointed associations.

    Trying to make a summary of this Odyssey..

    I am on a temporary partner visa class 820, it was granted me last July and I was waiting for the department to ask me further information about my relationship this December.
    My relationship has been difficult due to mainly psychological violence ( "if you keep complaining I cancel your visa") that I can't prove, but last November I asked the court for an AVO after a fight ended in "hands" and they gave my husband 1 year under the AVO.
    At that point I didn't want to leave my husband yet and we kept staying together, but the psychological violence didn't stop.
    I am arrived to the point where I want this relationship to end and my husband already moved away.
    I would like to stay in Australia.
    I can't prove the psychological violence, but I can show the AVO that was ordered last November.
    Do you think it is enough of a prove to get a permanent visa? Will the decision been made based just on the presence of an AVO or also about what is written and what was reported by the police officer when the AVO was made? (Is some type of family violence worse then other? Does it need to be ongoing?)
    Is it too late for ask for a permanent visa for family violence since the only violence I can prove was from last year?
    The lawyer says I don't have to declare anything to the department until he does it, but wouldn't it be like lying to the department and make things even worse?
    What do I have to wait for?
    If we wait and my husband doesn't withdraw the sponsorship then we will be asked for further info about the relationship in December and at that point the department will be informed of the separation and they won't give me any visa. Will I have then a chance for ask for a visa for a family violence that old?
    I am trying to understand the logic laying under it because after talking to the police, the immigration agent/lawyer and the women violence services I feel more confused than before.
    I would like to be realistic and get ready to leave if it's likely I'll have to.
    Thank you in advance to anybody who can give any piece of advice.

  2. Ayan

    Ayan Member

    3 September 2018
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    Hi, you should update immigration about your relationship status. I have a friend that has same situation like yours and she got her permanent residency.

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