Genre: Forum

Marriage fallout I'm currently a year 11 student in QLD and I just want to ask a few questions regarding my stay here in Australia. I'm a high achieving student and is currently on a scholarship in my high school. I got accepted for early entry in a big university for next year as well. My mum, sister and I arrived in Australia April of 2011 because my mum will get married to an Australian on May of the same year. We got our visa application lodged in June and got our temporary residency in February of this year. My sister and I are dependent to my mum's marriage visa. However, as of the moment my mum and my stepdad's marriage is on the rocks. They are fighting over some silly things and we're planning to move out of the house. My stepdad had physically hurt my mum for a couple of times and we have pictures and medical records to prove it. The thing is I don't want to go back to my home country. I fell in love with Australia the moment I got here and I can see a great future ahead of me here education and career-wise. My questions are.. 1) Will the pictures and medical records help us still become permanent residents even if the marriage failed? 2) If not, is there a way for me to still stay here in Australia and study and hopefully become a permanent resident in the future? I'm sorry to hear that this has happened in your family. There is a Family Violence Provision for partner visas, that allow applicants and their families to continue with their application for permanent residence in the case that family violence has occurred. Take a look at Fact Sheet 38 . Here is how it works: Quote: Partner visa applicants If the applicant?s relationship breaks down after they have applied for permanent residence, and they can provide acceptable evidence under the Migration Regulations that they or their dependants have been the victim of family violence committed by their Australian partner, the applicant can still be considered for permanent residence. The applicant will also have to satisfy the delegate that their relationship was genuine and continuing until it ceased. Note: There are some variations within the Partner category visas in the eligibility to access the FVP. More information can be obtained from each state and territory office of the department. To proceed with this, your mother will have to present evidence. If your stepfather has been through court or has a conviction for his actions, this may be enough. If not, then your mother will have to write a statutory declaration outlining what happened and naming the person who did it, and also provide two statutory declarations completed by "competent people in two different professions" who also have to explain why they consider family violence has occurred and name the person who committed it. "Competent persons" here include doctors, nurses, social workers, child protection authorities and others. I hope that you and your family can remain safe during these proceedings and that you'll find the strength to continue to be the high-achiever you are If your mother takes all these steps, with the evidence she has it shouldn't be difficult to provide everything the Department asks for so as not to affect your application for permanent residence. But don't forget that she'll also have to prove that the relationship was genuine and continuing until this happened, which would involve putting forward additional evidence like shared addresss, joint bank accounts, etc. etc. (along the same line as what she had to submit to get the partner visa). I have also just found this article and this article , which says that from the 24th of November the Department will make it easier for victims of family violence to provide acceptable evidence, because for some people getting the required statutory declarations is too difficult. They haven't yet published a list of what will be acceptable, but I would expect that the things that your mother already has, i.e. hospital reports and photographs, etc. would be on that list. Keep an eye on the Fact Sheet to see if it changes around the 24th of this month, and if it doesn't then do a few Internet searches I have also just found this article and this article , which say that from the 24th of November the Department will make it easier for victims of family violence to provide acceptable evidence, because for some people getting the required statutory declarations is too difficult. They haven't yet published a list of what will be acceptable, but I would expect that the things that your mother already has, i.e. hospital reports and photographs, etc. would be on that list. Keep an eye on the Fact Sheet to see if it changes around the 24th of this month, and if it doesn't then do a few Internet searches I am sorry to hear about your current situation. The government is making it easier for partners,but the exact details are still to be made clear. But, at the moment, any partner subject to domestic violence, either threatended or commited by the Australian parter, does not have to remain with their partner for permanent residence. You can still be eligible for permanent residence at the end of the 2 year waiting period. Something called the Family Violence Provision. To take advantage of this, the relationship must have ended, and you and your mother must not be living in the same house as your step-father. If you are still living together, it would be very difficult to show the marriage had ended. Also, you will need more evidence than the medical record, and photos. But, the medical record is a start. You would need to get some formal statements provided by a Registered nurse, registered social worker, registered family violence counseller supporting your mothers statements. You would need at least 2 of these statements. A formal police report, or restraining order is also very useful. Generally,. if you don't have a restraining order, you will need 2 formal statements from approved witnesses (Nurse etc) By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms , which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.