You do not have to stay in an abusive relationship for the purpose of a Partner Visa.
Best Immigration Lawyers take domestic and family violence very seriously. There are legal options if you are experiencing family violence by your sponsoring partner, allowing you to obtain permanent residency through Family Violence Provisions even if your relationship breaks down due. Family violence includes conduct, whether actual or threatened, which causes the victim to reasonably fear for their well-being and safety.
Our team recently assisted a client who held a subclass 820 visa and was experiencing family violence by her Australian partner. In this case, the applicant was in a de facto relationship, holding a subclass 820 visa and consulted our team once the relationship broke down. We first notified the Department of Home Affairs of the change in circumstances. As the applicant had no court orders, we prepared legal submissions for the subclass 801 visa under non-judicial Family Violence provisions. We were able to successfully argue that our client was the victim of family violence. With the assistance of our Senior Registered Migration Agents and Senior Registered Migration Lawyers, the case was processed successfully without the need for further assessment by an Independent Assessor. The applicant is now a permanent resident of Australia working towards her Australian citizenship.
Best Immigration Lawyers is able to navigate the Family Violence provisions. We can help you to construct the strongest legal arguments, so please contact us online or call us on 0292830888 for professional assistance.
How to establish compelling and successful circumstances to successfully waive Schedule 3 criteria
The client presented to our office with a refusal of Graduate Visa by the Department of Home Affairs whereby the AAT affirmed the original refusal decision. Upon review of the client’s immigration history, it was found that he last held a substantive visa in 2017. The client was also in a long-term relationship with his partner, who recently became an Australian Permanent Resident, so we explored the partner visa as a pathway for the client.
The case was very complex. Despite the couple being in a long-term relationship for over 10 years, a vast majority of their relationship involved long-distance with minimal time living together which made the case a lot more difficult. Withstand Lawyers worked comprehensively and our team was able to prepare lengthy and detailed submissions that not only demonstrated the genuine relationship of the couple but also established compelling and compassionate circumstances to have Schedule 3 criteria waived such as emotional dependency, financial impact and the Australian partner’s emotional state, to name a few. The client was subsequently granted the Subclass 820 Visa without having to leave Australia and process the partner visa offshore.
Schedule 3 is one of the top 3 reasons why onshore partner visas for applicants who don’t hold substantive visas are refused. If you have received a Schedule 3 warning letter, you may only have 28 days limited days to provide legal arguments and evidence to Defence Housing Australia (DHA). Withstand Lawyers can help you to construct the strongest legal arguments for your case and give you the best chance of your Onshore Partner Visa being approved. Please call us today for assistance with your partner visa application and Schedule 3 submissions.
Anyone who has applied for even a simple visa to a country like Australia or the USA will know what a hassle it can be. With endless paperwork to fill out, difficult documents to obtain, and a feeling that you never quite have it right, it is not surprising that people don’t enjoy visa applications. If you think a simple visa is hard, then think about how difficult it is going to be to apply for an immigration visa. Employing the services of an immigration lawyer can be extremely useful as they will allow you to rest easy in the knowledge that your application is complete and done correctly. This will maximise your chance of having your visa approved and of being able to immigrate. Some reasons that you should use the services of an immigration lawyer include:
They know the process inside out:
Any good quality immigration lawyer would have been through the visa application process countless times. They will know exactly what is required, what you have to do, and what paperwork you need to provide to support your visa application. This will save you countless hours of worry, and will make your life so much easier during the sometimes stressful process of trying to immigrate.
They are respected professionals:
When the immigration department looks at your visa application, they will immediately recognise that it has been compiled by an immigration lawyer. This will instantly improve your standing in their eyes, and will immensely boost your chances of having your application approved.
They will take care of the entire process, including any problems:
An immigration lawyer will take care of any issues that may arise during the visa application process without you having to worry. During the application process there will be questions thrown back and forwards between you and the immigration department, requests for additional documents or evidence supporting your application, and many other queries that need to be dealt with. An immigration lawyer will deal with all of these quickly and professionally! This means that you really have nothing to worry about once you have lodged your application.
They can simplify the complexities of immigration law:
Since immigration law is so complex, it can often be extremely hard for the average person to understand exactly what they need to do. An immigration lawyer will simplify this for you, answering any questions that you may have while ensuring that you are left feeling comfortable and understanding the entire process.
While many people – especially those who don’t earn a big salary or who feel they can’t afford a big bill – use the cheapest lawyer they can get, this can actually be counterproductive and a stupid thing to do. The point of getting a lawyer is to win your case in court, receive compensation from an employer or insurance company, or resolve some other legal matter. It is logical that a higher quality lawyer will do a better job than a cheap, under skilled one. Some of the main reasons that you should always spend a little more to ensure that you have a good lawyer include:
They will be very good at negotiating:
A good lawyer ALWAYS knows how to negotiate deals, reduce penalties, and manipulate the other side to benefit you. They do this by making the other party feel satisfied and think that they have done well, even though you have clearly won the case. Not only will a lawyer who is good at negotiating give you a better outcome, they will also end up costing less in the long run. Even though they may cost more per hour, they will be able to resolve a case much quicker, and will therefore cost you less in total.
They will have experience relevant to your case:
It is important to hire an experienced lawyer who has experience in the field you need them for. It would be silly to hire a lawyer who didn’t specialise in anything, because they obviously wouldn’t be as good as the one who specialises in the area you want.
A good lawyer is always available and will be happy to help:
One of the best qualities of a good lawyer is their willingness to help you when you need help. Maybe you need advice at a strange time of the day or urgently. In this case, a high-quality lawyer should be happy to help. They should be willing to go out of their way to ensure that you have a good experience – something a cheaper one may not do.
They will be organised and very good at presenting:
This speaks for itself. Having a lawyer who is organised will save both them and you time, will help your case, and will make things run much smoother. It is simply not worth employing a sub-par lawyer just because they charge less. If you are really serious about resolving your problem quickly and easily, then you need to spend a little more and engage the services of a real pro.
Family legal disputes are some of the hardest to resolve as all people involved are extremely stressed and emotional. Therefore, the assistance of a qualified lawyer in these matters is extremely important. When you face any problem relating to this branch of law, you should seek professional representation right away as the majority of these issues can be resolved through mediation. However, to understand when exactly an attorney can help, you need to know what family law covers exactly.
In simple terms, family law consists of several pieces of legislation that regulate family relationships. This includes but isn’t limited to:
De facto relationships
Property financial statements
Please note that de facto relationships aren’t recognized outside of Australia. Therefore, if a de facto couple moves out of the country, they automatically fall under the laws of the state they are in.
As gay marriages aren’t currently recognized in Australia, all gay couples are treated as de facto relationships according to Family Law.
Family Law Concerning Children
The main stipulation of the laws related to children in Australia is the focus on the child’s best interests. Child protection is mostly dealt with by the state legislation, but it’s also mentioned in the Family Law Act of 1975. This act regulates the parenting arrangements in case of separation or divorce.
The Australian Child Support Scheme allows parents to reach a private agreement regarding this issue. The assistance of a lawyer is essential when dealing with these matters not only because this professional will protect yours and your child’s best interests. Most importantly, they will be able to mediate and reduce the stress of the whole process so that your kids don’t have to be dragged through a lengthy and stressful court case.
In 2006 (May 22nd) the Family Law Act of 1975 was amended to ensure that the welfare of the child is a paramount consideration in any case that involves children and that both parents are given a chance to play a meaningful role in their lives.
Australia is a part of the Hague Convention. Therefore, any child abduction cases are dealt under the guidelines of this agreement.
Property Outcomes in Divorce Cases
Under the current Australian laws, property and finances aren’t shared 50/50 between ex-spouses. The court has a vast amount of power in determining the ‘just and equitable’ division of assets. This process gets a lot of criticism, and a family lawyer’s skill and experience matter greatly in the outcome of the case.
Immigration is a stressful process for everyone, and it can turn into a mess real fast if you don’t have a legal professional to guide you through it. An immigration lawyer can be a great help as they will not only advise you on the best visa option but also deal with the paperwork and other legal issues pertaining to your change of residence.
Some of the matters covered by these legal experts include:
Why Do You Need an Immigration Lawyer in Australia?
While not mandatory, using the assistance of a specialized legal professional when dealing with any immigration issues in Australia is the best course of action. The main reason for this is the complexity of the local immigration law.
You also need to bear in mind that this branch of legislation is highly dynamic. Therefore, it’s almost impossible for a non-professional to stay informed of all the changes and adapt to them accordingly. An immigration lawyer will act in your best interests and use every opportunity presented by the law to help you get everything you require.
Please note that an immigration lawyer is very different from an agent. While both experts offer advice on all matters, agents cannot actually take part in the legal proceedings. They won’t be able to represent you in court, should the need arise.
It’s in cases like this that you need professional assistance most of all, and if you hire a lawyer from the start, you will be 100% covered in case of any difficulties.
Can an Immigration Lawyer Help Me Get a Visa Faster?
The exact timeline of getting a visa is regulated by the law. However, a lawyer can make sure that all the proceedings and paperwork are handled perfectly. This will allow you to get the visa as quickly as possible and save you from any potential problems and delays caused by mistakes.
An attorney can also file specific requests with the relevant government agencies to find out whether something is hindering the process in your particular case. They will be able to resolve the issue, thus speeding up your visa in general.
The most important benefit of hiring a good legal expert to guide you through immigration is that they can explain the complex immigration laws in simple terms. They will take you through every step of the process and ensure you understand all your options exactly and can choose what’s best depending on both your current situation and future plans.
*Best Immigration Lawyers “Our free visa consultation” is limited to the first consultation which is undertaken with a senior registered migration agent or senior immigration lawyer. We urge you therefore to contact us as soon as possible as you have much to gain in talking to our team. Call us today on 0292830888 or complete the free case appraisal on our website.