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Settlement Guide : Women on temporary visas experiencing family violence

Sad teen crying after read phone message Source: Antonio Guillem/GettyImages

Advocates for action on family violence are concerned that the COVID-19 pandemic has become a desperate time for women experiencing family violence who are dependents of temporary visa holders, with their ordeal compounded by barriers in accessing social services due to their visa status.


 

Highlights

  • The inTouch multicultural centre against family violence says COVID-19 is adding another layer of stress to victims
  • inTouch is experiencing higher than normal caseloads due to COVID-19 
  • Advocates say migration status limits a victim’s ability to access support services

n normal times, three in ten women - age fifteen and above - will have experienced physical or sexual violence in Australia according to the Australian Bureau of Statistics.

However, the overwhelming stress families experience from COVID-19 lockdowns have resulted in a spike in calls for help from victims of family violence according to Michal Morris who heads Victoria-based inTouch multicultural centre against family violence.

The organisation’s bilingual case managers and immigration lawyers have been busy providing remote support to more women than usual.

Morris says whilst many women on temporary visas lost their jobs due to the sudden change in employment status, they’re ineligible for government support like Centrelink, Job Seeker and Job Keeper.

They don’t have access to income and they’re currently now in fear for their own safety but fear of where they’re going to get money for food and where they’re going to get money to pay for the roof over their head.

Dr Ruchita Ruchita works as a case manager at inTouch.

She says women of refugee and migrant backgrounds are reluctant to seek help due to shame and stigma.

She is concerned that many victims are unable to return to their native country because of limited financial means, border closures and fear of being ostracised from their home community.

Dr Ruchita says a client escaped family violence with her three children only to later return to her abuser due to limited financial means to provide for her children.

I think she has compromised on her safety but she wasn’t left with a choice.

As the only Australian multicultural support agency for family violence with an onsite legal centre, approximately 40% of inTouch clients were on temporary visas in 2018 to 2019.

 

Battered woman raising her hand in self-defense
Benjamin RondelGettyImages

 

Morris says inTouch has noticed a new pattern in perpetrators using COVID-19 as a weapon against vulnerable women with low English proficiency who are only able to access information from their abusers during the lockdown.

The virus has added that extra layer.

She says if a woman is experiencing feelings of unsafely for whatever reasons: emotional, financial, psychological, sexual as well as physical, and if they’re feeling threatened for their lives or their children’s lives, it means they’re experiencing family violence and they can seek help.

Immigration lawyer Nilesh Nandan says a victim on temporary visa who decides to leave a violent relationship will need two pieces of supporting evidence by a social worker, GP, psychologist or the police to get out of their dependent visa status and cut ties with the abuser.

He says victims will need to inform immigration about their change of circumstances after a relationship ends.

The federal government has designated $150 million to support victims experiencing domestic, family and sexual violence during coronavirus.

Morris is concerned that many women on temporary visas have limited working rights and are ineligible to access basic health, community or social services due to their visa status.

In response to the health crisis, inTouch has teamed up with Melbourne social enterprise Sibling by Kinfolk to deliver emergency food relief for its most vulnerable clients.

We have a lot of clients who worked in the gig economy so they were waitresses at the restaurants or they were working at the beauty salons and those were the places that shut down overnight and that is why these women’s needs are so high.

 

Cre8tive Nails owner Rosie Thind with customer in Darwin, Friday, May 15, 2020. The Northern Territory has lifted a range of restrictions but social distancing is still required. (AAP Image/Helen Orr) NO ARCHIVING
AAP Image HELEN ORR

 

Tracey - not her real name - escaped a violent stalker in her home country to start a new life in Australia.

She fell in love with a fellow European on a temporary work visa and became a dependent on his visa. 

The relationship fell apart nearly two years ago when Tracey’s former partner became a drug dealer.

Things took a sharp downturn after Tracey left that relationship when her ex-partner started sending her frightening test messages.

He kept texting me all the time. He wished I was dead and that he was going to punch me in the face if he sees me.

Tracey’s not alone. The Australian Bureau of Statistics report that one in four women have experienced emotional abuse by a current or former partner since the age of fifteen.

The mental stress Tracey endured for nearly two years caused her tremendous fear and anxiety.

She works as a carer for vulnerable and disabled children in the Northern Territory where workers with her skills are hard to find.

Despite five years on the job, her employer cannot afford to sponsor Tracey with a work visa as a non-for-profit agency.  

Tracey cannot block her emotionally-abusive ex-partner completely while she remains a dependant on his temporary visa.

It’s devastating to say the least for Tracey who has set up a whole new life in the Northern Territory.

He’s still selling drugs and he will probably get his visa which is very unfair. There’s nothing I could do to get myself out of this horrible situation.

Nandan says Tracey’s only option is to apply for a visa on her own since her ex-partner is a foreigner himself.

He says many women on temporary visas are caught in similar predicaments after leaving their abusive partners, and once a victim reports a family violence, other than independent criminal action against the offender, there is no immigration relief for victims if their partner is a temporary visa holder.

It gives the offending party in that relationship extreme unconscionable leverage.

In 2015-2016, 529 women on temporary partner visas applied for family violence provisions to gain permanent residency, over seventy per cent were successful.

On the other hand, Nandan says it is particularly earth-shattering for temporary visa-holding women in Australia who have no such safety net as the Migration Act only safeguards partner visa applicants.

 

Female young adult gesturing stop and social distancing
DME PhotographyGetty Images

 

Women on temporary visas have limited options as applying for a different visa brings new problems.

Nandan says a visitor visas only allows for a short period of stay, a student visa requires that the applicant be a genuine student with the financials means to enrol with a provider, and finding an employer prepared to sponsor a work visa is difficult at the best of times but even more so during COVID-19.  

He says out of desperation, many victims on dependant visas end up making other visa applications with no prospects of success.

This clogs up the tribunals and family circuit courts with an avalanche of applications.

inTouch is calling for the government to allow all women who experience family violence in Australia to access safety and support services irrespective of their visa status.

Michal Morris urges victims to seek help even if a situation may seem hopeless if they are stuck at home with a perpetrator.

Contact our service or 1800 RESPECT. Tell us when it’s safe for us to call you and how it’s safe to call you - that’s the first step and we’ll start moving forward from there.

For more information on inTouch, visit inTouch.org.au or call their toll free number on 1800 755 988 Monday to Friday between 9am to 5pm if you live in Victoria.

For nationwide support, contact 1800 RESPECT, the National Sexual Assault, Family & Domestic Violence Counselling Line on 1800 737 732 any time.

If you are feeling distressed and need emotional support, call the Beyondbluecoronavirus mental wellbeing support service on 1800 512 348 or Lifeline on 13 11 14 any time of the day and night.

For women’s health-related information in your language, contact the Multicultural Centre for Women’s Health on its toll free number 1800 656 421 between 10am to 4pm.

If you need language support, call 13 14 50 for an interpreter and ask to be connected to your preferred support organisation.

Call 000 immediately if your life is in danger.

 ***

People in Australia must stay at least 1.5 meters away from others. Check your state’s restrictions on gathering limits. 

Testing for coronavirus is now widely available across Australia. If you are experiencing cold or flu symptoms, arrange a test by calling your doctor or contact the Coronavirus Health Information Hotline on 1800 020 080. 

The federal government's coronavirus tracing app COVIDSafe is available for download from your phone's app store. 

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