Permanent Residency Granted Through Family Violence Provisions
MATTER TYPE
The Challenge
In 2022 Janis* approached our office in urgent distress while her Subclass 100 Partner visa application was still in progress.
After arriving in Australia on a partner visa, her relationship broke down following escalating family violence. Her former partner, who had been her sponsor and authorised contact, ceased supporting her application and notified the Department of the separation.
As a result, critical correspondence was sent to him, not Janis. She missed a key deadline and faced the real risk of visa refusal and loss of her pathway to permanent residency.
The Complexity
This matter required urgent intervention in a legally and emotionally complex context.
While migration law provides pathways for partner visa applicants to continue their application after relationship breakdown due to family violence, these cases are highly evidentiary and strictly assessed, particularly where there are no court findings.
Janis had also relied entirely on her former partner throughout the process and had not previously received independent immigration advice, leaving her vulnerable at a critical stage of her application.
Our Approach
We acted immediately to stabilise her position and build a strong, evidence-based case:
- Secured an extension of time to respond to the Department and prevent refusal
- Advised on eligibility under the family violence provisions
- Guided the preparation of detailed non-judicial evidence
- Supported access to appropriate external support services
- Prepared comprehensive personal statements and legal submissions
The Outcome
Janis was granted her Subclass 100 Partner (Permanent) visa in April 2024.
Key Outcome
Permanent residency secured despite relationship breakdown due to family violence
Impact
- Restored safety, stability and independence
- Enabled access to employment and long-term security in Australia
- Created a pathway for family reunification; following her visa grant, we assisted Janis to lodge Subclass 101 Child visa applications for her three children overseas
Why This Mattered
Family violence provisions exist to ensure that visa outcomes are not dependent on remaining in unsafe relationships.
At SSI Legal, we focus on delivering migration solutions that protect our clients’ safety, autonomy, and long-term future, particularly in the most vulnerable circumstances.
*Name and certain details have been changed to protect privacy.
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