Migration challenge not expected
Our client was a very intelligent Japanese woman who had a Master’s degree in marketing and left an excellent job in Japan to move to Australia for love.
Her Australian partner changed his ways after she arrived and would not support her financially or in her career in this new country, made many rude and derogatory remarks to her in writing and to her face and then seemed to have an affair with another woman when overseas on business – compromising photos of them together were found by our client.
Our client did not want to return humiliated to family and friends in Japan and otherwise loved Australia but could not remain in the relationship – she was also suffering domestic violence at the hands of her Australian partner.
Immigration point worth noting
As often happens, international relationships are loaded with many unexpected stresses and, like all relationships, can come to an end, as happened here. But it is not fair to a new migrant, especially where there has been physical or psychological violence, for them to have to leave Australia just because the relationship has ended for this reason.
In such cases the visa applicant, usually waiting for their temporary partner visa to become a permanent visa after 2 years, almost always do not know what to do or who to trust with Australian migration advice.
Fortunately, the law protects such people (and they are not only women – we had one Australian male client whose sponsored Russian spouse threw a carving knife at his face in the kitchen in an attempt to kill him!).
Our legal advice to the visa applicant from Japan before starting her application to remain in Australia permanently was:
- Prove that domestic violence had occurred by obtaining professional reports about it from a qualified psychologist
- Set out the history of her troubled relationship in her own personal statutory declaration and provide other necessary supporting evidence about the trauma and danger she had been placed in by the Australian partner.
How you can benefit from our migration law advice as our Japanese client did
In conclusion – if you are in a genuine, committed and loving relationship with an Australian and it ends in violence and yet you want to remain without them in Australia – it is vital that you back up or seek advice about the domestic violence provisions allowing you to do so.
As with all legal matters properly prepared evidence is vital.
Our client wrote us a lovely email at then end of our work with her saying:
Justin – Thank you for your understanding… We appreciate your service and we are happy with it.
Your chances of obtaining an Australian visa are always greatly improved when you obtain well researched and finely argued migration advice and assistance in your visa application.