Family violence provisions

Family violence provisions to protect people who experience family violence in Australia, and to encourage victim-survivors to say “No” without feeling trapped by their visa status. In some relationships, the sponsor or main visa holder may use a person’s immigration status as a way to control them — for example by threatening to withdraw sponsorship, cancel the visa, or stop the application — and many victim-survivors choose to swallow the abuse because they are scared of losing their right to stay in Australia. The purpose of the family violence provisions is to make it clear that you do not have to stay in an abusive relationship to keep your visa pathway, and that the Department of Home Affairs can still allow eligible applicants (including certain partner visa applicants and certain secondary applicants) to continue their visa process even if the relationship ends due to family violence. In short, the policy exists so people can prioritize safety, seek help, and speak up with confidence, knowing they have legal options and support to move forward.

Who is eligible?

Partner / fiancé pathway (perpetrator is usually the sponsor)

Onshore Partner 820/801 – If you have lodged the 820 (or it is “on foot”), you may still be able to progress to 801 even if the relationship breaks down due to family violence, as long as the relationship was genuine and the family violence criteria are met.
Offshore Partner 309/100 – If you have applied for or hold the 309 and the relationship ends due to family violence, you may still be able to continue to 100 (this commonly applies where the applicant has entered Australia after lodging or is in Australia during processing).
Prospective Marriage 300 – If you hold (or previously held) a 300 and family violence occurs, there may be a pathway to still pursue the partner visa process in Australia, subject to strict eligibility requirements (including being in Australia at the relevant time and meeting the specific “ceased visa / substantive visa” rules where applicable).

Dependent child

Dependent Child 445 – Applies to dependent children linked to a parent who is a partner-visa applicant/holder relying on the family violence provisions, allowing the child’s pathway to continue in line with the protected parent.

Secondary applicants on certain permanent visas (primary applicant is the perpetrator)

These apply where the victim-survivor is a secondary applicant on a permanent visa application, and the relationship ends due to family violence (the case must meet the location/timing rules set by Home Affairs).

Skilled / business / regional / special PR visas

Employer Nomination Scheme 186 – Secondary applicant can still be considered for grant even if the relationship with the primary applicant ends due to family violence.
Regional Sponsored Migration Scheme 187 – Same protection for secondary applicants
Skilled Independent 189 – Secondary applicant protection on independent PR application.
Skilled Nominated 190 – Secondary applicant protection on state-nominated PR application.
PR (Skilled Regional) 191 – Secondary applicant protection at the 191 PR stage.
Skilled Regional 887 – Secondary applicant protection on 887 PR application.
Global Talent / National Innovation 858 – Secondary applicant protection for this PR visa.
Business Talent 132 – Secondary applicant protection on this PR business visa.
Business Innovation and Investment (PR) 888 – Secondary applicant protection at the PR stage.
Pacific Engagement Visa 192 – Secondary applicant protection.

Family permanent visas (primary applicant is the perpetrator)

Parent 103 – Secondary applicant protection.
Contributory Parent 143 – Secondary applicant protection.
Aged Parent 804 – Secondary applicant protection.
Contributory Aged Parent 864 – Secondary applicant protection.
Carer 116 – Secondary applicant protection.
Carer 836 – Secondary applicant protection.
Remaining Relative 115 – Secondary applicant protection.
Remaining Relative 835 – Secondary applicant protection.

Fundamental criteria

Relationship evidence

The Department of Home Affairs will first check that your relationship was genuine, and only after that will they assess the family violence evidence to decide if the family violence provisions can apply

Many people assume that because they provided strong evidence at the time of lodgement to prove the relationship was genuine, nothing further is needed. However, when relying on the family violence provisions, the Department usually wants to see evidence that the relationship remained genuine up to the time the family violence occurred and the relationship ceased. This means you should provide updated relationship evidence—such as photos, messages, and joint bank statements—covering the period until the date you separated due to family violence, not just evidence from the early stage of the relationship or the initial application.

Judicial evidence (court documents) ANY ONE of these is enough

Court injunction under the Family Law Act 1975
State/territory protection order (court order)
Court record of conviction for a family violence offence against you or your dependents
Court record of a finding of guilt for family violence offences against you or your dependents
Interim orders may be accepted in some cases; if a final order is later made, you must provide it.

If you don’t have any judicial evidence(like a protection order, court injunction, conviction, or finding of guilt), you can still meet the family violence provisions by providing:

1) A Commonwealth statutory declaration (your statement), PLUS
2) At least TWO pieces of non-judicial evidence from TWO different categories (you can’t use two documents from the same category).

Examples of acceptable non-judicial categories (pick any two different ones):

Police document (report/record/risk assessment/statement)
Medical document (GP letter, hospital report, discharge summary)
Psychologist report/letter
Social worker report/letter
Family violence support service provider letter/report/risk assessment
Family relationship counsellor / family consultant letter/report
Child welfare officer document (if children are involved)
Professional education document (e.g., school observations/concerns)

So the simplest rule to remember is: No judicial evidence → Stat Dec + 2 non-judicial documents from 2 different professional sources/categories.

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FAQs

I haven’t experienced physical violence, but my partner regularly verbally abuses me and threatens to withdraw/cancel the sponsorship. He controls my money and movements — if I don’t obey him, he won’t let me go home and won’t give me any money. In this situation, can I apply under the australian partner visa family violence provisions?

Under migration law, “relevant family violence” is not limited to physical assault. It includes conduct (actual or threatened) directed at you (or certain family members or property) that causes you to reasonably fear or be reasonably apprehensive about your wellbeing or safety.

This can cover non-physical abuse such as verbal/emotional abuse, threats and intimidation, coercive control, and financial/economic control — and Home Affairs specifically lists threatening you about your immigration status or deportation as an example of emotional abuse, and also references coercive control patterns used to isolate/manipulate/control daily life.

So in your scenario, yes, it applies if

You have applied for or currently hold an eligible visa (listed above) and

you have experienced family violence,( including verbal, financial, emotional or physical abuse ) and
the perpetrator was your former partner/spouse who is the sponsor or main applicant for the visa and
the violence happened during the relationship, and
you are no longer in the relationship.

Note:, even if a sponsor withdraws the sponsorship or stops supporting the application, it does not mean your visa will be automatically cancelled or refused. In many eligible cases, you can still rely on the family violence provisions after the sponsor has withdrawn, and continue the visa process by providing the required family violence evidence (and updated relationship evidence up to the time the relationship ended due to family violence).

If you’re in Australia and this is happening, please prioritize safety and support. If you’re in immediate danger call 000. You can also contact 1800RESPECT (1800 737 732) for free, confidential support, regardless of visa status.

I am a student visa holder, I experienced family violence, can I apply under family violence provision?

Unfortunately, the family violence provisions generally do not apply to temporary visas such as a Student visa. These provisions mainly operate within specific visa pathways (most commonly certain partner visas and some permanent visa applications where the applicant is a secondary family member). However, you may still have other visa options to remain in Australia and continue your own migration journey, depending on your circumstances. Seeking tailored advice from a registered migration agent is a smart next step so you can understand the safest and most suitable pathway forward.

I have lodged a partner visa and included my child as a dependent. I personally have not been abused, but my partner has been abusing my child (for example, hitting/physical punishment, yelling, intimidation and other harmful behaviour). Can I rely on the family violence provisions even though the violence was directed at my child, not me?

Yes , family violence is not limited to physical harm to the main applicant.. It can include physical abuse, threats, intimidation, emotional/psychological abuse, coercive control, and other behaviour that causes fear or harm, and it can be violence towards you or a member of your family unit (which can include a dependent child included in your application).

If your child is included in the partner visa application and the sponsor/partner is the perpetrator, you may be able to use the family violence provisions if you meet the usual eligibility settings, including that:

the relationship was genuine, and you can show relationship evidence up to the point you separated/ceased due to the violence; and
the family violence occurred during the relationship; and
you provide the required evidence (judicial evidence, or non-judicial evidence meeting the required standard).

Because this involves child abuse, safety comes first. If there is immediate risk call 000. Even if it’s not immediate, please consider getting urgent support from a family violence service and child protection support in your state, and get migration advice quickly so your visa pathway and evidence are handled correctly.

Family violence provisions