Leaving a Violent Relationship on a Partner Visa
Family Violence Partner Visa Lawyers
If you have experienced family violence from the partner who sponsored you, you do not have to stay in the relationship to keep your visa. The family violence provisions in the Migration Regulations allow your partner visa application to continue, and permanent residence to be granted, even though the relationship has ended.
Reviewed by Weiwei Zhang, Principal Lawyer Last updated 30 July 2026
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The family violence provisions sit in Division 1.5 of the Migration Regulations 1994. They exist so that nobody has to choose between their safety and their visa.
If you were in a genuine relationship with your sponsor, and relevant family violence occurred during that relationship, your partner visa application can proceed even after you separate. Your sponsor cannot withdraw your visa. Your sponsor is not told the details of your claim.
If you were in a genuine relationship with your sponsor, and relevant family violence occurred during that relationship, your partner visa application can proceed even after you separate. Your sponsor cannot withdraw your visa. Your sponsor is not told the details of your claim.
There is no additional application charge, and the provisions were widened in June 2024 to cover more people than before.
If You Are in Immediate Danger, Call 000
Confidential support is available 24 hours a day, seven days a week, at no cost. You do not need a visa, a Medicare card or permanent residence to use any of these services.
Who Can Access Them
Who Can Use the Family Violence Provisions
Short answer
You can access the family violence provisions if you were in a genuine relationship with your sponsor, that relationship has ended, and relevant family violence was committed by the sponsor during the relationship. You must hold or have applied for a partner visa. The provisions apply equally regardless of gender, and to same sex couples.
You can access the family violence provisions if you were in a genuine relationship with your sponsor, that relationship has ended, and relevant family violence was committed by the sponsor during the relationship. You must hold or have applied for a partner visa. The provisions apply equally regardless of gender, and to same sex couples.
The provisions sit in Division 1.5 of the Migration Regulations 1994, at regulations 1.21 to 1.27. They are not a separate visa and there is no separate application. They operate inside your existing partner visa application, allowing the permanent stage to be granted without the sponsor.
Three things have to be established. That the relationship was genuine up until it ended. That relevant family violence occurred. And that the violence was committed by the sponsor during the relationship. The provisions do not remove the genuineness requirement, so relationship evidence still matters alongside the family violence evidence.
Three things have to be established. That the relationship was genuine up until it ended. That relevant family violence occurred. And that the violence was committed by the sponsor during the relationship. The provisions do not remove the genuineness requirement, so relationship evidence still matters alongside the family violence evidence.
Eligibility at a Glance
You hold a temporary Partner Visa (subclass 820)
You have applied for a subclass 820 and it has not been decided
You hold a provisional Partner Visa (subclass 309) and have entered Australia
You hold a Prospective Marriage Visa (subclass 300), whether or not you married
You are a former subclass 300 holder in defined circumstances
You are a dependent family member included in one of those applications
The relationship was genuine until it ended
The family violence was committed by your sponsor during the relationship
Access to the Provisions by Visa Type
The June 2024 amendments widened access considerably, particularly for Prospective Marriage visa holders. If you were told before mid 2024 that the provisions did not apply to you, that advice may now be out of date.
Subclass 820 compared with subclass 309
YOUR VISA
ACCESS
NOTES
Subclass 820 applicant or holder
Yes
The core group the provisions were made for
Subclass 309 holder
Yes
You need only have entered Australia once since lodging, following the 2024 amendments
Subclass 300 holder who married
Yes
Applies once the partner visa has been lodged
Subclass 300 holder who did not marry
Yes, since June 2024
You no longer have to marry the person harming you to keep your pathway
Dependent family members
Yes
Included applicants can also rely on violence committed against them
The provisions do not apply to visitor, student or other temporary visas. If you are on one of those and experiencing violence, get advice urgently, because different options apply.
Not sure whether the provisions cover your visa? A short conversation will tell you.
Common Concerns
The Four Things People Ask First
Short answer
Fear of losing status is one of the main reasons people stay. In our experience four concerns come up before anything else, and the answer to all four is more reassuring than most people expect. None of them requires you to have reported anything to police.
Fear of losing status is one of the main reasons people stay. In our experience four concerns come up before anything else, and the answer to all four is more reassuring than most people expect. None of them requires you to have reported anything to police.
Can My Sponsor Cancel My Visa
No. A sponsor cannot withdraw, cancel or revoke your visa or your visa application. Sponsorship is not something they can take back to punish you. If your sponsor has told you otherwise, that is not correct and it is a common form of coercion. Only the Department can cancel a visa, on grounds set out in the Migration Act, and a relationship ending is not one of them.
Do I Have to Report to Police First
No. A police report is one way to evidence a claim but it is not the only way, and it is not required. A non-judicially determined claim relies on a statutory declaration from you plus evidence from prescribed professionals such as doctors, psychologists, social workers or refuge managers. Many successful claims involve no police contact at all.
Will My Sponsor Be Told What I Have Said
The Department will notify your sponsor that the relationship has ended, because it affects the application. The detail of your claim, your statements and your supporting evidence are protected by the Privacy Act and are not provided to them. If you have safety concerns about the Department contacting your former partner, raise them in writing at the outset so they are on the file.
Does It Cost Anything to Make a Claim
No. There is no additional Department charge for making a family violence claim. It is dealt with inside the partner visa application you have already paid for. Where money is being used to control you, note that a partner visa holder generally has full work rights, and Centrelink and legal aid support may be available. See Same Sex and LGBTIQ+ Partner Visa if that also applies to you.
These conversations are confidential and covered by legal professional privilege. Nothing is reported anywhere without your instructions.
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The Definition
What Counts as Family Violence
Short answer
Regulation 1.21 defines relevant family violence as conduct, actual or threatened, towards you, a member of your family unit, or your property, that causes you to reasonably fear for, or be reasonably apprehensive about, your own wellbeing or safety. It is deliberately broad, and it is not limited to physical assault.
Regulation 1.21 defines relevant family violence as conduct, actual or threatened, towards you, a member of your family unit, or your property, that causes you to reasonably fear for, or be reasonably apprehensive about, your own wellbeing or safety. It is deliberately broad, and it is not limited to physical assault.
Physical Violence
Assault, restraint, or physical harm, including harm to a child or another member of your family unit.
Threats and Intimidation
Threatened conduct counts. It does not have to have been carried out for the definition to be met.
Emotional and Psychological Abuse
Degradation, humiliation, isolation from family and friends, monitoring, and control of your movements.
Financial Abuse
Withholding money, controlling your access to your own income, preventing you from working, or accumulating debt in your name.
Sexual Violence
Sexual assault or coercion within the relationship, including where the parties are married.
Immigration Related Coercion
Threatening to withdraw sponsorship, to have you deported, or to keep your passport or documents.
Damage to Property Counts
The definition expressly includes conduct towards your property. Destroying your belongings, damaging your phone or documents, or harming a pet can all fall within it where the conduct caused you to fear for your wellbeing or safety.
How Long It Stays Valid
The test is what a reasonable person in your circumstances would fear, not whether the conduct looks serious to an outsider. Behaviour that seems minor in isolation can meet the definition when it sits inside a pattern. Write down what happened and when, even if you are not sure it counts. That assessment is a legal question, not one you have to make alone.
Not sure whether what happened to you meets the definition? That is a legal question, and the answer is more often yes than people expect.
Proving the Claim
How Do You Prove Family Violence for a Partner Visa
Short answer
There are two routes. A judicially determined claim relies on a court order, injunction or conviction. A non-judicially determined claim relies on your own statutory declaration plus evidence from at least two prescribed professionals. Most claims use the second route, and it does not require police involvement.
There are two routes. A judicially determined claim relies on a court order, injunction or conviction. A non-judicially determined claim relies on your own statutory declaration plus evidence from at least two prescribed professionals. Most claims use the second route, and it does not require police involvement.
Route One: Judicially Determined
Where a court has already dealt with the violence. Accepted evidence includes an injunction under the Family Law Act, a court order under state or territory family violence legislation, or a conviction or finding of guilt against the sponsor.
Where one of these exists, the Department is generally taken to accept that family violence occurred. This is the shorter road, but most people do not have a court order and do not need one.
Where one of these exists, the Department is generally taken to accept that family violence occurred. This is the shorter road, but most people do not have a court order and do not need one.
Route Two: Non-Judicially Determined
The route most claims use. It requires a statutory declaration from you setting out the violence and naming the person responsible, together with evidence from at least two prescribed professionals in the prescribed form.
No police report, no court order and no conviction is required. What matters is that the professionals you consulted can attest, on the form, to their opinion that family violence occurred.
No police report, no court order and no conviction is required. What matters is that the professionals you consulted can attest, on the form, to their opinion that family violence occurred.
Who Counts as a Prescribed Professional
The list is set by legislative instrument and includes the professionals most people in this situation have already seen.
A registered medical practitioner
A registered psychologist
A registered nurse
A social worker
A family consultant or family counsellor
A member of a police force
The manager or coordinator of a women's refuge or family violence crisis service
A school principal or school counsellor
A child welfare or child protection officer
If you have seen a GP, a counsellor or a refuge worker at any point, you may already have the professionals you need. The two pieces of evidence must come from people in different categories, so plan which two before you start asking.
If the Department Is Not Satisfied
Where the Department is not satisfied that family violence occurred on a non-judicially determined claim, it must refer the claim to an independent expert. It cannot simply refuse it.
The independent expert's opinion is binding on the decision maker. That is a significant protection, and it is one of the reasons the quality of the initial statutory declaration and professional evidence matters so much.
The independent expert's opinion is binding on the decision maker. That is a significant protection, and it is one of the reasons the quality of the initial statutory declaration and professional evidence matters so much.
Not sure which route applies, or which professionals you can rely on? We can map it out before you approach anyone.
What Changed
What the June 2024 Amendments Changed
Short answer
The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 widened access. The most significant change is that a Prospective Marriage visa holder can now use the provisions without having married the sponsor. Previously they had to marry the person harming them first.
The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 widened access. The most significant change is that a Prospective Marriage visa holder can now use the provisions without having married the sponsor. Previously they had to marry the person harming them first.
What the June 2024 amendments changed
Measure
Time from lodgement
Subclass 300 holders who did not marry
Now covered
Subclass 300, continuing sponsorship at decision
No longer required
Subclass 309, location at time of decision
Entered Australia once since lodging is enough
That change matters because the previous position created an obvious and dangerous incentive. Someone on a subclass 300 visa who was being harmed had to go through with the marriage to preserve any pathway. The Explanatory Statement to the amendment says plainly that the changes are aimed at ensuring applicants do not feel compelled to remain in a violent relationship in order to be granted a permanent visa.
The amendments also loosened the location requirements for offshore applicants. For the family violence provisions, a subclass 309 applicant now needs only to have entered Australia at least once since lodging, rather than being in Australia at the time of decision. That matters if you have had to leave the country to be safe.
If you were told before mid 2024 that the provisions did not apply to you, get that advice checked. The position may have changed for you.
The amendments also loosened the location requirements for offshore applicants. For the family violence provisions, a subclass 309 applicant now needs only to have entered Australia at least once since lodging, rather than being in Australia at the time of decision. That matters if you have had to leave the country to be safe.
If you were told before mid 2024 that the provisions did not apply to you, get that advice checked. The position may have changed for you.
Advice you received before mid 2024 may be out of date. It is worth having it checked.
Relationship Evidence
What Evidence Supports a Family Violence Claim
Short answer
Two separate bodies of evidence are needed and both have to hold up. The family violence evidence, which establishes that the violence occurred and who committed it. And the relationship evidence, which establishes that the relationship was genuine until it ended. Claims fail on the second at least as often as on the first.
Two separate bodies of evidence are needed and both have to hold up. The family violence evidence, which establishes that the violence occurred and who committed it. And the relationship evidence, which establishes that the relationship was genuine until it ended. Claims fail on the second at least as often as on the first.
Your Statutory Declaration
The centre of a non-judicially determined claim. It sets out what happened, when, and who was responsible, in your own words. It should be specific and chronological. Vague accounts are the most common weakness. Start writing dates down now, even before you decide what to do.
Evidence From Prescribed Professionals
At least two, from professionals in different categories, in the prescribed form. Each must state their opinion that family violence occurred. Book the appointments before you need the forms, because a professional who has seen you once can say considerably less than one who has treated you over time.
Supporting Material
Medical records and photographs of injuries, messages and voicemails, police event numbers even where no charge followed, intervention or apprehended violence orders, refuge intake records, bank records showing financial control, and statements from friends, family or colleagues who saw the effects.
The Relationship Itself
The provisions do not remove the requirement that the relationship was genuine. All four regulatory categories still apply for the period the relationship existed: financial aspects, the household, social context and commitment. A strong violence claim does not cure absent relationship evidence.
Documents Commonly Required
Your statutory declaration setting out the family violence, in the approved form
Evidence from at least two prescribed professionals, in different categories, in the prescribed form
Any court order, injunction, intervention order or apprehended violence order
Any conviction or finding of guilt against the sponsor
Medical records, treating practitioner letters and photographs of injuries
Police event numbers or reports, even where no charge followed
Refuge or crisis service intake records
Messages, voicemails and emails evidencing threats or control
Financial records showing control of your money or debt in your name
Statements from friends, family or colleagues who saw the effects
Full relationship evidence for the period the relationship existed
Have your evidence assessed before you approach professionals for the forms. Sequence matters here.
Refusals
Why Are Family Violence Claims Refused
Short answer
Rarely because the Department disbelieves that violence occurred. Claims fail on technical requirements. The wrong forms, evidence from professionals outside the prescribed categories, a statutory declaration too vague to work with, or relationship evidence that was never assembled because all the effort went into the violence claim.
Rarely because the Department disbelieves that violence occurred. Claims fail on technical requirements. The wrong forms, evidence from professionals outside the prescribed categories, a statutory declaration too vague to work with, or relationship evidence that was never assembled because all the effort went into the violence claim.
Common Refusal Grounds
Evidence from professionals who are not in the prescribed categories
Only one piece of professional evidence, or two from the same category
Professional evidence not given in the prescribed form
A statutory declaration that describes feelings rather than events, dates and conduct
Weak relationship evidence, because the effort went entirely into the violence claim
The violence alleged occurred after the relationship had already ended
The violence alleged was committed by someone other than the sponsor
The claim raised late, after a refusal, rather than when the relationship ended
A request for further information answered late or answered incompletely
If Your Claim Has Been Refused
Review rights generally apply to the Administrative Review Tribunal, and the Tribunal reconsiders the claim afresh. Strict time limits run from the date you are taken to have received the decision and cannot be extended. The Tribunal can also refer a non-judicially determined claim to an independent expert, whose opinion binds it.
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The Process
How to Make a Family Violence Claim
Short answer
There is no separate application and no additional charge. You notify the Department that the relationship has ended and that you are relying on the family violence provisions, then provide the evidence through ImmiAccount. The order in which you do things matters, which is why advice before the first step is worth more than advice after it.
There is no separate application and no additional charge. You notify the Department that the relationship has ended and that you are relying on the family violence provisions, then provide the evidence through ImmiAccount. The order in which you do things matters, which is why advice before the first step is worth more than advice after it.
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01
Get Safe First
Nothing on this page is more important. Call 000 in an emergency, or 1800RESPECT on 1800 737 732 at any hour for confidential support and help with a safety plan.
02
Start Writing Things Down
Dates, what happened, who was present, what was said. Keep it somewhere the other person cannot access. This becomes the backbone of your statutory declaration.
03
Get Advice Before You Notify the Department
The sequence matters. Advice at this point costs you nothing but changes what evidence you can still obtain and how the claim is framed.
04
Preserve the Evidence You Already Have
Photograph injuries. Save messages, voicemails and emails. Request your medical records. Note police event numbers even where no charge followed.
05
Identify Two Prescribed Professionals
They must be in different categories. A GP and a counsellor, or a social worker and a refuge manager. If you have already seen them, that history strengthens what they can say.
06
Prepare the Statutory Declaration
Specific, chronological, in your own words, naming the person responsible. This is the document the claim turns on.
07
Assemble the Relationship Evidence Too
The relationship still has to be shown to have been genuine until it ended. Do not let this be the thing that fails.
08
Notify the Department and Lodge the Claim
Provide everything together through ImmiAccount, with a covering submission explaining how the material meets the regulations.
There is no additional Department charge for a family violence claim. It is dealt with inside the partner visa application you have already paid for.
Get advice before you notify the Department. The sequence changes what is still available to you.
Safety and Privacy
What Happens to Your Visa When You Leave
Short answer
Your visa does not end because you leave. A subclass 820 remains valid until the permanent stage is decided, and a bridging visa remains valid while an application is pending. Your sponsor cannot cancel either. Your work rights, study rights and Medicare access continue unchanged.
The Department will learn that the relationship has ended, either because you tell it or because your sponsor does. It is far better that it hears it from you, with the family violence claim already framed, than that it arrives as an allegation from the other side.
Your sponsor will be told the relationship has ended, because it affects the application. The content of your claim, your statements and your supporting evidence are protected by the Privacy Act and are not given to them. If you have safety concerns about the Department contacting your former partner, put those concerns in writing at the outset.
Everything you tell a lawyer here is covered by legal professional privilege. We do not act, notify anyone, or lodge anything without your instructions. If you want to understand your position without committing to any step, that is a legitimate reason to have the conversation.
Your visa does not end because you leave. A subclass 820 remains valid until the permanent stage is decided, and a bridging visa remains valid while an application is pending. Your sponsor cannot cancel either. Your work rights, study rights and Medicare access continue unchanged.
The Department will learn that the relationship has ended, either because you tell it or because your sponsor does. It is far better that it hears it from you, with the family violence claim already framed, than that it arrives as an allegation from the other side.
Your sponsor will be told the relationship has ended, because it affects the application. The content of your claim, your statements and your supporting evidence are protected by the Privacy Act and are not given to them. If you have safety concerns about the Department contacting your former partner, put those concerns in writing at the outset.
Everything you tell a lawyer here is covered by legal professional privilege. We do not act, notify anyone, or lodge anything without your instructions. If you want to understand your position without committing to any step, that is a legitimate reason to have the conversation.
Need to travel while your 820 is pending? Check your bridging visa conditions first.
After the Grant
What Happens if the Claim Succeeds
Short answer
The permanent stage of your partner visa is granted, without the sponsor and without the relationship continuing. You become an Australian permanent resident in your own right, with the same rights as any other permanent resident, and a pathway to citizenship on the ordinary residence requirements.The subclass 820 is temporary. Around two years after your original lodgement date, the Department assesses the permanent stage of the partner visa. You must show the relationship is still genuine and continuing at that point. The permanent stage is not automatic and requires updated relationship evidence.
Your permanent residence is not conditional on the relationship, is not reviewable by your former sponsor, and cannot be taken away by them. Dependent children included in the application are granted alongside you. If you later form a new relationship, that has no bearing on the visa you have been granted. This is the point of the provisions: they exist so that leaving does not cost you your future in Australia.
The permanent stage of your partner visa is granted, without the sponsor and without the relationship continuing. You become an Australian permanent resident in your own right, with the same rights as any other permanent resident, and a pathway to citizenship on the ordinary residence requirements.The subclass 820 is temporary. Around two years after your original lodgement date, the Department assesses the permanent stage of the partner visa. You must show the relationship is still genuine and continuing at that point. The permanent stage is not automatic and requires updated relationship evidence.
Your permanent residence is not conditional on the relationship, is not reviewable by your former sponsor, and cannot be taken away by them. Dependent children included in the application are granted alongside you. If you later form a new relationship, that has no bearing on the visa you have been granted. This is the point of the provisions: they exist so that leaving does not cost you your future in Australia.
A successful claim ends with permanent residence in your own right, not dependent on anyone.
Questions
Family Violence Provisions Frequently Asked Questions
Answers to the questions Indonesians applicants ask most often. See also our 30 protection visa FAQs and 30 LGBT protection visa FAQs.
Will I Lose My Visa if I Leave My Partner
No. Your subclass 820 remains valid until the permanent stage is decided, and a bridging visa remains valid while an application is pending. Your sponsor cannot cancel your visa. If family violence occurred during the relationship, the permanent stage can still be granted.
Can My Sponsor Cancel My Visa or Withdraw Sponsorship
No. A sponsor cannot withdraw, cancel or revoke your visa or your application. Only the Department can cancel a visa, on grounds set out in the Migration Act, and a relationship ending is not one of them. Threats to the contrary are a common form of coercion.
Do I Need a Police Report or Court Order
No. A judicially determined claim uses a court order, injunction or conviction, but most claims are non-judicially determined. Those rely on your statutory declaration plus evidence from at least two prescribed professionals. Many successful claims involve no police contact at all.
What Counts as Family Violence Under the Migration Regulations
Regulation 1.21 defines it as conduct, actual or threatened, towards you, a member of your family unit, or your property, that causes you to reasonably fear for or be reasonably apprehensive about your wellbeing or safety. It covers physical, sexual, emotional, psychological and financial abuse.
Who Are the Prescribed Professionals
Registered medical practitioners, psychologists and nurses, social workers, family consultants and counsellors, police officers, managers of women's refuges or family violence crisis services, school principals and counsellors, and child welfare or protection officers.
Does It Cost Extra to Make a Family Violence Claim
No. There is no additional Department charge. The claim is dealt with inside the partner visa application you have already paid for.
What Changed in June 2024
The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 widened access. Prospective Marriage visa holders can now use the provisions without having married their sponsor, and location requirements were loosened for offshore applicants.
Will My Former Partner Be Told What I Said
The Department will tell your sponsor the relationship has ended, because it affects the application. The content of your claim, your statements and your evidence are protected by the Privacy Act and are not provided to them. Raise any safety concerns in writing at the outset.
What if the Department Does Not Believe Me
On a non-judicially determined claim, if the Department is not satisfied that family violence occurred, it must refer the claim to an independent expert rather than simply refusing it. The independent expert's opinion is binding on the decision maker.
Can My Children Be Included
Yes. Dependent children already included in your partner visa application are granted alongside you if the claim succeeds. Violence committed against a member of your family unit, including a child, can also form part of the claim.
About the Reviewer
Who Reviewed This Page
Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Weiwei Zhang
Managing Director and Principal Lawyer, My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Last Reviewed
16 September 2026
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