Family violence provisions in partner visa applications
Current as at 3 July 2026. This is general information about the family violence provisions in migration law, not legal advice for your circumstances, and every case turns on its own facts. If you are in immediate danger, call 000.
One of the hardest situations in migration law is when a person’s right to stay in Australia appears tied to a relationship that has become abusive. People understandably fear that leaving the relationship means losing the visa. The family violence provisions exist precisely so that a person is not forced to choose between their safety and their migration outcome.
This article explains, in general terms, how those provisions work. It is not a substitute for advice - these are sensitive, fact-specific matters - but understanding the framework can help you see that a pathway may exist.
What the family violence provisions do
The provisions allow certain partner visa applications to continue to permanent grant even though the relationship has ended, where the applicant has experienced family violence committed by their sponsoring partner. In broad terms, they can apply to people who have lodged an onshore Partner (820/801) application, and in some circumstances to holders of an offshore 309/100 or a Prospective Marriage (300) visa who have entered Australia and are at the permanent stage.
The core idea is this: the law recognises that a genuine relationship existed, and that it broke down because of violence. Where that is established on the evidence, the ordinary requirement that the relationship still be continuing at the permanent stage can be met through the family violence pathway instead. Eligibility depends on your visa type and where you are in the process, which is why early advice matters.
What “family violence” means here
Family violence in this context is defined broadly. It is not limited to physical assault. It includes conduct - actual or threatened - that causes the person, or a member of their family, to reasonably fear for, or be apprehensive about, their own or a family member’s wellbeing or safety. That can encompass physical, sexual, psychological, emotional, and financial abuse, and coercive or controlling behaviour. You do not need a criminal conviction against the perpetrator for the provisions to be engaged.
The two categories of evidence
Claims under the provisions are supported by two kinds of evidence: judicial and non-judicial.
| Type | What it is | Examples |
|---|---|---|
| Judicial evidence | A relevant finding or order made by a court | A court injunction under the Family Law Act against the former partner; a court conviction or a finding of guilt for a violence offence against the applicant or their child |
| Non-judicial evidence | Evidence from prescribed professionals and services, given in the form the regulations require | Statutory declarations and reports from professionals such as medical practitioners, psychologists, social workers, family or domestic violence service providers, police, and school or child-welfare authorities |
Where a claim rests on non-judicial evidence, the regulations set out who may provide it and the form it must take (including statutory declarations from the applicant and from the prescribed professionals). Getting the form and content of that evidence right is technical, and it is one of the main reasons to have the claim prepared carefully rather than assembled in a hurry.
The independent expert
If the decision-maker is not satisfied by the non-judicial evidence that family violence occurred, they may refer the claim to an independent expert - typically a professional experienced in assessing family violence. The expert forms an opinion on whether the violence occurred, and the decision-maker must give weight to that opinion when deciding the case.
This referral is a normal part of the process, not a sign that a claim has failed. It does, however, underline why the evidence needs to be complete and coherent: the expert and the decision-maker are working from the material you provide.
Where you are in the process matters
The provisions do not work the same way at every point, and this is one of the most important things to get advice on early. Broadly:
- An applicant who has lodged an onshore 820/801 application and whose relationship then ends because of violence is in the situation the provisions most directly address - the application can, on the right evidence, continue toward the permanent grant.
- A holder of an offshore 309/100 visa or a Prospective Marriage (300) visa who has entered Australia may be able to rely on the provisions at the permanent stage, depending on their circumstances.
- Timing matters: what is available to you can depend on whether the relationship broke down before or after certain steps in your application, and on the visa you hold right now.
Because those distinctions are technical and fact-specific, the safest step is to get advice about your exact position rather than assume the provisions either do or do not apply to you.
What about children and other dependants?
Family violence matters often involve children - either children of the relationship or children the applicant brought to Australia. The provisions can extend to protect the position of dependants included in the application, and the welfare of children is treated as a serious consideration. If children are involved in your situation, tell your lawyer at the first opportunity, because it affects both the evidence and the way the matter is handled.
What we can and cannot say about outcomes
We want to be honest here. Every family violence claim turns on its own facts and its own evidence, and no lawyer can promise a particular result. What we can say is that the law provides a genuine pathway; that experiencing family violence does not automatically mean losing your visa application; and that these claims are established through careful, properly-formed evidence rather than through hope. Anyone who guarantees an outcome in this area is not being straight with you.
A note on safety and privacy
Your safety comes first. You can seek help and advice confidentially, and taking a first step - a call to a support service, a conversation with a lawyer - does not commit you to any particular course of action on your visa. If you are worried about a sponsor learning that you have sought advice, raise that at the outset so it can be handled sensitively. Legal communications with your lawyer are confidential.
Why early, specialist advice matters
Two things make these matters time-sensitive. First, eligibility under the provisions depends on your visa type and exactly where you are in the process, so the options available to you can change over time. Second, the non-judicial evidence framework is technical, and evidence gathered without regard to those rules may not carry the weight it should. Getting advice early keeps the pathway open and the evidence usable.
You do not have to navigate this alone
Our family violence provisions team advises on whether the provisions may apply to your situation, how to gather and form the evidence, and how to keep your application on foot after a relationship has ended - handled with the sensitivity these matters require. If your relationship has broken down because of family violence and you are worried about your visa, book a consultation. If you are in immediate danger, call 000 first; for support at any hour, call 1800RESPECT on 1800 737 732.