News & Insights
Family and Domestic Violence can happen to anyone. Family violence is both outlined by the Department of Home Affairs and in local state-based legislation. Today, we will review visa abuse, a form of family violence.
The use of visa abuse by perpetrators of domestic and family violence is increasingly common, often due to the dynamic of the relationship. One person is a citizen or permanent resident, and the other is on a visa of a temporary nature. This creates an immediate power imbalance.
So, what is visa abuse and why is it becoming more commonly used?
Family violence crisis service, Safe Steps, has defined visa abuse as being when someone in a family-like relationship exploits the fact that another person is without permanent residency or citizenship as a way to exert power and control over them.[1]
Examples of visa abuse can include, but are not limited to:
- Taking your passport or visa documentation so that you cannot access or use it
- Threatening to cancel your visa
- Making false claims about your visa status, for example, stating that your visa is tied to remaining in the relationship
- Making threats over access to shared children because of your visa status
- Hiding information, or providing misinformation about your visa
- Being brought to Australia on incorrect visa information
- Not permitting you to access your ImmiAccount or controlling the visa application process
- Restricting or preventing you from being involved in the visa application process.
Visa abuse appears to be on the rise as statistics demonstrate that visa holders and culturally and linguistically diverse persons (CALD) are marginalised for a number of reasons.[2] Temporary visa holders face issues such as isolation from family and friends, fear of deportation, cultural and language barriers, limited access to government supports and potential fear of authorities. This creates a breeding ground for further marginalisation and discrimination.
Not only does visa abuse occur in domestic relationships but can occur in employment and other social settings. It is important for all visa applicants and visa holders to know that an employer CANNOT cancel your visa. Only the Department of Home Affairs can do this. Similarly, your partner cannot cancel your visa. Being threatened with having your visa cancelled by anyone other than the Department of Home Affairs for the purpose of causing fear or apprehension is visa abuse.
What do I do if I am worried about visa abuse?
If you have concerns that you or someone you know are experiencing visa abuse and need assistance with your visa, please feel free to contact us at MSM Legal and one of our experienced migration lawyers can help you understand your rights and next steps.
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[1] Safe Steps Types of Abuse: Visa abuse, available at: https://safesteps.org.au/types-of-abuse/
[2] National Plan to End Violence against Women and Children 2022-2032; A 2021 study indicated that one in 3 migrant and refugee women had experienced some form of family and domestic violence, with temporary visa holders consistently reporting proportionately higher levels of family and domestic violence including visa control, available at: M Segrave, R Wickes and C Keel, Migrant and refugee women in Australia: The safety and security study, Monash University, 2021, doi:10.26180/14863872.