If you or a family member are experiencing violence in your relationship, you do not need to remain in that relationship to stay in Australia. Australian immigration law provides special protections to ensure victims of family violence are not forced to choose between safety and their visa status.
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You may still be granted a partner visa if your relationship has ended and:
To be considered, you must provide evidence that family violence occurred during the relationship.
Under immigration law, family violence includes conduct that causes you to reasonably fear for your safety or well-being. This can include behaviour directed at:
Family violence may include:
It is not limited to physical harm and may occur in many forms.
There are two types of evidence that the Department of Home Affairs accepts:
The strongest form of evidence includes:
If judicial evidence is unavailable, you may submit:
The Department may refer your case to an independent expert for review. This expert is not part of the Department and will assess whether your claims meet the family violence provisions.
If your evidence does not include court-issued documents, the Department may ask you to attend an interview with an independent expert. This expert specialises in assessing claims of family violence. The Department will base its decision on the expert’s findings.
At AustraliaMigrate, we assist visa applicants affected by family violence with:
All matters are treated with strict confidentiality, care, and professionalism.
If you or someone you know is experiencing family violence, help is available:
1800 737 732 | www.1800respect.org.au
We are a team of immigration specialists guiding individuals, families and corporates who aspire to migrate to Australia. Our migration consultancy has a successful track record in visa approval, with a fair fee structure.
There are two application pathways for this category:
Pathway One – 186 Temporary Residence Transition:
Once 482 visa holders have been employed for two years out of the last 3 years on a 482 visa, which could have been with the same employer/sponsor or a combination of previous sponsor and current sponsor, they can apply for 186 Temporary Residence Transition. They must be sponsored on a 482 visa by their current employer who will nominate them in their Employer Nominated Sponsorship application, subclass 186 application.
The visa holder can hold any occupation, both from the previous Consolidated Skilled Occupation List (CSOL) and the current Core Skilled Occupation List (CSOL) so long as they hold a 482 visa.
The application must be lodged before turning 45 years old, unless they meet specified exemptions. One of these is that their salary (net of superannuation) has met the high-income threshold in two of the last three years as applicable in the year they hold that visa. The current high-income threshold for 2024 is set at $175,000.
Pathway Two – Direct Entry:
The nominated occupation must be on the Core Skilled Occupation List (CSOL). The 186-visa applicant must complete a Skills Assessment from the assessing authority of that occupation and demonstrate that they have had at least three years of post-qualification work experience in that occupation. Applicants need to be under 45 years old at the time of application. There are no exemptions for age under 186 Direct Entry.
In both Pathway One and Two, the employer has to present a range of documents to meet the requirements of the nomination. These include financial documents, position description, employment contract, organization chart, a statement about why the position is genuine, evidence that the salary is market related etc.
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