<div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>When Sarah* moved to Australia from overseas she was a young teenager full of hope.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"It was my dream to come out here to Australia ….. and I was trying to get away from him," Sarah said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>By "him", Sarah means her abusive and controlling father.</span></div></div><div><div id="adspot-mobile-medium"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Sarah was living with her father after her mother died, until she hatched the plan in her late teenage years to move to Australia.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"I booked my flights and got my visa to come to Australia, everything was put in place," Sarah said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Then, the rug was pulled out from under Sarah when her father suddenly decided he wanted to move to Australia too. He applied for, and was granted, a skilled visa. </span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Despite the setback, Sarah set about building her new life over the next few years, studying at university on a student visa.</span></div></div><div><div class="OUTBRAIN" data-reactroot="" data-src="//www.9news.com.au/national/im-trapped-family-violence-victim-forced-to-wait-22-years-for-her-australian-visa/e49cdb82-3624-42b2-9164-432362dcca01" data-widget-id="AR_5"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>But a bout of ill health followed, and then Sarah's financial circumstances forced her to give up her studies.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>On the advice of her migration agent, Sarah applied for the only visa that would allow her to stay in the country, a family-sponsored visa.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"I was in a panic and I was running out of time," Sarah said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Sarah's father - who is now a permanent Australian resident - initially refused to act as her sponsor, before agreeing at the 11th hour.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The visa, which falls under the "other family visas" category, has the longest wait time for any Australian visa, </span><a href="https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/visa-processing-priorities/other-family-visas" rel="" target="" title="currently sitting at 22 years"><span>currently sitting at 22 years</span></a><span>.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Despite applying for the visa eight years ago, Sarah is still facing a 14-year wait to see if she can finally stay in Australia for good.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>It's a wait with potentially life-threatening consequences for Sarah.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>For years, she has been living on a bridging visa, with limited work rights. Sarah can only work 40 hours a fortnight, has no access to Centrelink benefits, and is financially dependent on her controlling and dangerous father.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>It was a nightmarish situation, Sarah said, as her father was often physically abusive and had tried to strangle her more than once.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Police have issued a domestic violence order (DVO) against Sarah's father for her protection, seen by nine.com.au.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>After seeking legal advice through her family violence case worker, Sarah said she was devastated to learn that there were no family violence provisions for applicants of family visas.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Sue Merrotsy, a lawyer from North Queensland Women's Legal Service, said there were legislated family violence protections in place for other Australian visas, such as partner visas and skilled visas.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>These protections meant applicants experiencing family violence could apply for a permanent visa, despite ending the relationship.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>However, the same protections did not exist for applicants of family visas in Australia, where the abuse was being perpetrated by a relative who was also their sponsor, Merrotsy said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"I've had a few clients where a child is sponsoring the elderly parent, and if there's family violence there, then the elderly parent cannot claim family violence," Merrotsy said. </span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The shortfall in these protections was particularly worrying given the vulnerability of the applicants, she said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"With these kinds of visas…they may be granted a bridging visa and waiting long processing times, between 15 and 30 years."</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The applicant often had non-existent or reduced work rights and could be financially reliant on their relative for decades, Merrotsy said. </span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"Put family violence into this mix and the potential for financial abuse and other controls become a very real risk," she said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Other temporary visas where there were no family violence protections included student and visitor visas, she added.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"We've been pushing for a long time for the government to consider a domestic violence visa," Merrotsy said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"If there's a domestic violence order and they are on temporary visa they could then apply for a short-term domestic violence visa valid for six months to a year, just enable them to wrap things up, reconsider their position, particularly if there's children."</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>For Sarah, the lack of protections has meant she has been placed in an "impossible situation" with left with nowhere to turn.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"I can't escape, I'm trapped," she said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"No one can help me. There's no DV stream for people on family-sponsored visas and I also can't access the government's leaving DV payment and have limited work rights."</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>A Department of Home Affairs spokesperson told nine.com.au that family violence was "a crime in Australia and not acceptable under any circumstance".</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"The Australian Government is committed to addressing violence against women and children and is committed to supporting victims of domestic and family violence," the spokesperson said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"The department continues to seek and utilise feedback from consultations with relevant stakeholders to inform the development of further policies to improve protections and support to visa holders experiencing domestic and family violence."</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><em><strong><span>* Name has been changed.</span></strong></em></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><em><strong><span>Do you have a story? Contact reporter Emily McPherson at</span></strong></em><span> </span><a href="mailto:EMcPherson@nine.com.au" target="_blank" title=""><em><strong><span>EMcPherson@nine.com.au</span></strong></em></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><ul><li><strong><em><span>Download the 9NEWS App here via</span></em></strong><span> </span><a href="https://apps.apple.com/au/app/9news/id1010533727" target="_blank"><strong><em><span>Apple</span></em></strong></a><span> </span><strong><em><span>and</span></em></strong><span> </span><a href="https://play.google.com/store/apps/details?id=nineNewsAlerts.nine.com&hl=en_AU&pli=1" target="_blank"><strong><em><span>Google Play</span></em></strong></a></li><li><strong><em><span>Make 9News your preferred source on Google by</span></em></strong><span> </span><a href="https://9.nine.com.au/8x987w" target="_blank"><strong><em><span>ticking this box here</span></em></strong></a></li><li><strong><em><span>Sign up to</span></em></strong><span> </span><a href="https://login.nine.com.au/edm?client_id=nineatnine" target="_blank"><strong><em><span>our breaking newsletter here</span></em></strong></a></li></ul></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span></span><strong><em><span>NEVER MISS A STORY:</span></em></strong><span> </span><em><span>Get your breaking news and exclusive stories first by following us across all platforms.</span></em></div></div>
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