My Sponsor Is Abusive and I'm on a Partner Visa. Who Can Help?

Do I have to stay with an abusive sponsor to keep my partner visa?

An applicant does not have to stay with an abusive sponsor to keep a partner visa, because the family violence provisions exist so that nobody feels compelled to remain in a violent relationship. If the relationship was genuine and family violence by the sponsor occurred while it existed, the visa can still be granted after separation. Our page on family violence and partner visas explains who can rely on these provisions.

What counts as abuse for a partner visa family violence claim?

Abuse counts for a partner visa family violence claim when the sponsor's conduct causes the applicant, or certain family members, to reasonably fear for or be reasonably apprehensive about their own wellbeing or safety. That can include physical violence, threats, controlling behaviour, financial control and psychological abuse. Our guide to partner visa family violence explains the definition in detail.

Can my sponsor cancel my visa by withdrawing sponsorship?

A sponsor cannot cancel a partner visa by withdrawing sponsorship, although withdrawal affects an application that is still being processed. Where family violence by the sponsor is established, the application can continue despite the withdrawal. Threats about the visa are common in abusive relationships and should be recorded, because they can form part of the evidence. Our article on family violence after separation explains what happens once the couple has separated.

What evidence will I need to show family violence?

The evidence needed to show family violence is either a court document, such as a protection order or a conviction, or a statutory declaration by the applicant together with documents from professionals listed in the legislative instrument. A police report is helpful but not essential. Our article on family violence evidence lists the accepted categories, and our article on claims without a police report explains the alternative.

What should I do first if my sponsor is abusive?

The first priority if a sponsor is abusive is safety, which means calling the police on 000 in an emergency and, where possible, keeping copies of identity documents, visa details and any records of the abuse somewhere the sponsor cannot reach. Applicants should not rush to tell the Department that the relationship has ended before taking advice, because the notice should also raise the family violence claim. Our article on intervention orders and partner visas explains how court orders interact with the visa.

How does My Migration Lawyers help applicants with an abusive sponsor?

My Migration Lawyers helps applicants with an abusive sponsor by agreeing a safe way to communicate first, then assessing which family violence pathway fits the applicant's visa and evidence. The firm prepares the statutory declaration at a pace the client can manage, requests letters from professionals the client has already seen, and handles all correspondence with the Department, including the notice that the relationship has ended. The firm, led by Principal Lawyer Weiwei Zhang, can consult in Mandarin as well as English. Applicants who are ready can request a confidential consultation through the form on this page, and the firm will contact them only by the method they nominate.