Partner SC309 and permanent Partner SC100 simultaneously after claims for domestic violence
Congratulations to our client who was granted both her temporary Partner sc309 and permanent Partner sc100 simultaneously after her claims for domestic violence were accepted by the Department of Home Affairs.
Australian immigration laws allow offshore Partner sc309/sc100 visa applicants to access the family violence provisions. The effect of these laws is that, despite the relationship ceasing due to family violence, an applicant for a sc309 or sc100 may still be eligible to be granted permanent residency. For tailored guidance, see our Partner Visa help and immigration lawyer pages.
Our client lodged her Partner visa after her marriage and soon after, she lodged a Visitor sc600 so that she could be with her husband during the processing of her Partner sc309 visa. On the grant of her Visitor visa, our client arrived in Australia.
Upon her arrival, our client experienced emotional and physical abuse from both her husband and his family members. She was fortunate enough to have relatives in Australia and in less than a fortnight, she left her husband’s home to live with her relatives. On the day of her departure, she reported the abuse to the local police. If you need protection, learn about AVOs in NSW or how to apply for an AVO. 24/7 support is available via 1800RESPECT and Service NSW DV services.
Our office assisted her in both her criminal and immigration matters. We applied for an AVO against her husband and successfully sought an extension of time to compile evidence of domestic violence as required under Australian migration laws. A strong application was lodged for claims of family violence with the Department and our client received her decision 3 months later. Within 5 months of arriving in Australia on her Visitor visa, our client was granted permanent residency.
Applicant for a sc309/100
If you are an applicant for a sc309/100 and your relationship has ceased due to domestic violence, our office has the expertise to help you with both the criminal and immigration aspects of your case. See:
- Home Affairs: Partner visa (apply overseas) 309/100
- Migration Regulations 1994 reg 1.23 (family violence definition)
- Form 1410 guidance: statutory declaration for family violence claims
- Legal Aid NSW: family violence visa factsheet
- Family Violence Law Help: visas and DFV
- NSW Police: where else can I go for help
- The best partner visa lawyer in Sydney
- Contact Jameson Law to discuss evidence, timing and eligibility
