Family Violence and Your (Partner Visa Australia)
If your relationship has ended because of family violence, you do not have to choose between your safety and your visa. Australian migration law includes specific provisions that may allow you to continue your partner visa application and still achieve permanent residency, even if your relationship with your sponsor has ended.
Our registered migration agents handle these applications with the care, discretion, and experience they require.
If you are in immediate danger, call 000.
For support, contact 1800RESPECT on 1800 737 732, available 24 hours a day.
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The family violence provisions are a set of protections built into Australian migration law under Division 1.5 of the Migration Regulations 1994 (Cth). Their purpose is clear: if your relationship ended because of family violence committed by your sponsor, you should not lose your pathway to permanent residency as a result.
Under these provisions, you may be able to continue your partner visa application and still be granted permanent residency, even though your relationship has ended.
To be eligible under the family violence provisions, the family violence must have occurred while the relationship was genuine and continuing, before it broke down. If you meet these requirements and can provide the necessary evidence, the Department of Home Affairs will assess your claim under these provisions.
You and your family do not have to remain in a relationship where you fear for your safety. The law recognises that.
The family violence provisions apply to applicants who hold or have applied for the following visas under the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth):
- Subclass 820 — Onshore Temporary Partner Visa
- Subclass 801 — Onshore Permanent Partner Visa
- Subclass 309 — Offshore Temporary Partner Visa (where the applicant has entered Australia after applying)
- Subclass 100 — Offshore Permanent Partner Visa
- Subclass 300 — Prospective Marriage Visa (where the applicant is in Australia)
- Subclass 445 — Dependent Child Visa (as a secondary applicant where the visa-holding parent has made a family violence claim)
The perpetrator of the family violence must be the sponsor of the visa application.
If you are not sure whether your visa is covered by these provisions, contact us. If you are not eligible under the family violence provisions, there may be other pathways and other options. We will advise you honestly on what they are.
The Department of Home Affairs requires evidence of two things: that your relationship was genuine and continuing before it ended, and that family violence occurred during the relationship.
Evidence of the family violence itself can be either judicial or non-judicial.
Judicial evidence
This includes court orders such as an intervention order or family violence order, or a court conviction for a violence offence committed against you. If judicial evidence is provided, the Department must accept that family violence occurred.
Non-judicial evidence
This includes statements and reports from medical practitioners, midwives, psychologists, social workers, family violence service providers, and other qualified professionals. Social workers, psychologists, and educational professionals are no longer limited to providing evidence by statutory declaration only, following recent amendments to the evidentiary requirements.
If non-judicial evidence is provided and the decision maker is not satisfied that family violence occurred, an Independent Expert may be consulted to provide an opinion on the claim.
You must also continue to meet all other visa requirements, including health and character requirements, to be granted the permanent visa.
Our registered migration agents handle the preparation of your submissions with care and complete confidentiality.
When you notify the Department of Home Affairs that your relationship has ended due to family violence, several things happen to protect you.
Your partner visa application is separated from any linked ImmiAccount, including your former sponsor's account so they will no longer have access to your application details or whether you're making a claim under family violence. Your case will be transferred to the Department's specialised Domestic and Family Violence Support Section, a dedicated team within the Department that handles these matters with priority and care.
You can notify the Department through ImmiAccount using the Notification of Relationship Cessation form. If you cannot access ImmiAccount safely, contact us and we will assist you in notifying the Department through a secure channel.
Your safety comes first. The Department cannot refer your matter to police without your consent unless there is an immediate threat to life or safety.
We help you notify the Department of Home Affairs through the correct channel and ensure your application is separated from your former sponsor's access.
We manage all correspondence with the Department from the point of notification through to the final decision. You deal directly with your migration agent throughout.
We can refer you to family violence support services, community legal services, and other resources where appropriate.
Explore Other Partner Visa Services
Onshore Partner
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For couples where the applicant is in Australia at the time of lodgement.
Subclass 820
Temporary Partner Visa
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Subclass 801
Permanent Partner Visa
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OFfshore Partner
Visa Pathways
For couples where the applicant is outside Australia at the time of lodgement.
Subclass 309
Temporary Partner Visa
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Subclass 100
Permanent Partner Visa
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Prospective
Marriage Visa
For engaged couples where the applicant is outside Australia.
Subclass 300
Prospective Marriage Visa
Learn More
Additional Partner Visa Services
For LGBTIQ+ applicants, family violence matters, and partner visa refusals.
Family Violence
Partner Visa Provisions
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Refusals
Merits Review
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LGBTIQ+
Partner Visa
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Frequently Asked Questions
Do I have to stay in the relationship to keep my visa?
No. If you have experienced family violence committed by your sponsor, you do not have to remain in the relationship to continue your visa application. The family violence provisions under Division 1.5 of the Migration Regulations 1994 (Cth) exist specifically to protect people in your situation.
Does the family violence have to be physical?
No. Family violence under migration law includes physical violence, sexual assault, emotional abuse, coercive control, financial abuse, threats, and intimidation. You do not have to have experienced physical violence for the provisions to apply.
What if I do not have a court order or police report?
You do not need judicial evidence to make a claim. Non-judicial evidence from medical practitioners, psychologists, social workers, midwives, and family violence service providers can be used to support your claim. If the decision maker is not satisfied on the non-judicial evidence alone, an Independent Expert may be consulted.
Will my former sponsor be told about my claim?
When you notify the Department of Home Affairs that your relationship has ended due to family violence, your application is separated from your former sponsor's ImmiAccount. They will no longer have access to your application details.
Will I definitely get permanent residency if my claim is accepted?
The family violence provisions allow the Department to continue assessing your application independently of your former sponsor. You must still meet all other visa requirements, including health and character requirements. There is no guarantee of a particular outcome, but the provisions are designed to give you a genuine pathway.
Can I get help if my visa is not covered by the family violence provisions?
Yes. If your visa is not covered by these provisions, there may be other visa options that could apply to your circumstances. We will assess your situation and advise you honestly on what is available.
Is my information kept confidential?
Yes. Our registered migration agents handle all family violence matters with complete confidentiality. The Department of Home Affairs also has privacy protections in place for applicants who make family violence claims.
Trusted Australian migration experts helping individuals and families build their future in Australia.
Phone
1300 372 999
Address
24 Railway Crescent Broadmeadows, VIC 3047
MARA
Migration AgentMARN: 1175724