Australia Forum banner
Status
Not open for further replies.

Domestic Violence and PR waiting

5K views 18 replies 8 participants last post by  DragonGirl 
#1 ·
Hi Everyone,
I am posting for a friend who is currently in a women's refuge and seeking help. She has lived with her husband for more than 3 years and now waiting for 801. Unfortunately, her husband has been abusing her verbally and psychologically for the last 2 years and has kicked her out of the house many times. He knew that if he files for divorce her visa will be cancelled and she will get deported. That's why he always uses the visa to demand her to do whatever he wants. Recently, he forced her to leave the house again and she left him. After that he reported to Immigration that he withdrew his sponsorship for her visa. But after a few weeks he told the Immigration that he wants to reinstate his sponsorship for her visa because he wants her to come back. She doesn't want to go back to him and is now seeking legal aid for her visa under domestic violence stream.

My question is: Does the act of reinstating his sponsorship for her visa after his withdrawal influence on her visa application under domestic violence stream?

Should she go back to him or better to fight for a visa under domestic violence?

Any advice or suggestion would be greatly appreciated.

DragonGirl
xxx
 
See less See more
#2 ·
Hi there, sorry to hear about your friends circumstances, I can't answer in detail will leave that for a senior member but a short note for if you read this early.
Firstly no she should not go back to him. Just because he withdraws sponsorship does not mean her visa gets cancelled and she gets deported.
DIBP are the only ones who can cancel a visa.
For actual advise best to seek advice from an agent wrussel, ccms and others on the forum.
Obviously have it all documented for as long as you can.
 
#3 · (Edited)
Victims of domestic violence should first of all contact one of the domestic violence support groups in their area. It is important to do this first to assist with establishing the required evidence needed for the Department of Immigration.

The Domestic Violence Centre can also direct them to the appropriate legal services to assist with any visa or other legal issues.

If you can afford it, instead of going to one of the often stretched and underfunded free legal services,see a registered migration agent about your visa issues or a lawyer, who has experience with both domestic violence and immigration issues.

If you are in any danger, do not hesitate and go to the police.

Domestic Violence Hotline Queensland

Domestic violence support | ReachOut.com Australia

White Ribbon -

https://www.humanservices.gov.au/customer/subjects/family-and-domestic-violence
 
  • Like
Reactions: DragonGirl
#5 ·
Thank you CCMS,

My friend has received help from a migration agent free of charge thanks to the women's refuge. The DIBP has given her 28 days to submit evidence. She hasn't got much evidence because she didn't report to police any incidents of violence. Hope the migration agent will work out what is the best way to do.

I have another question: Is there any waiting timeline applied to family violence cases from the day of evidence submission to the day visa granted?

She is under mental breakdown and really distressed when her husband keeps trying to convince her to come back to him. He has stopped threatening her but now he changes his strategy and plays mind games on her.
 
#4 ·
She should not go back to him just for the sake of a visa, her health and safety are more important. Watch tv - women die from domestic violence all the time.

As CCMS has said she needs to get help and report it.

I believe you need alot of evidence for domestic violence cases and they can take awhile to be resolved.

Good-luck to her :)
 
#6 ·
Thank you Mish,

She decides not to go back to him. And now she is trying to collect evidence to submit.

He didn't hit her but he swore, used abusive words to talk to her and used visa to demand her to do this and that. It was like living in hell for her during the past 2 years. Many women are scared to leave when the visa is like a weapon for the sponsor.
 
#7 ·
Recently, he forced her to leave the house again and she left him. After that he reported to Immigration that he withdrew his sponsorship for her visa. But after a few weeks he told the Immigration that he wants to reinstate his sponsorship for her visa because he wants her to come back.
That info, already with immigration, will go some way to guiding an immigration decision. It does indicate his willingness to use the visa to get his way.
 
  • Like
Reactions: DragonGirl
#8 ·
Hi JandE,

Thank you for pointing that out. Hope that immigration will take that into account and make a right decision. I have read some old posts on here (a few years ago) that some cases were refused due to the immigration was not convinced that the victim suffered Family Violence. Hope that my friend's case won't be like that.
 
#18 ·
I live 750kms away from her, so she couldn't get my help. She refused to leave the house and tried to stay. After many times she couldn't put up with him so on last occasion he kicked her out she left him and went straight to police and got help since then.
 
#19 ·
Sorry I didn't tell the whole story so it's confusing.

As I explained above, I live very far from her so I couldn't be there to help her. She has some friends but they all live very far from her, not in the same town with her.

He kicked her out in the middle of the night but she didn't go, she got out of their bed and slept on the couch.
 
Status
Not open for further replies.
You have insufficient privileges to reply here.
Top