Family violence provisions and your visa.
If you are on a partner visa pathway and your relationship has ended because of family violence, you may still be able to continue toward permanent residence. Leaving an unsafe relationship does not automatically mean losing your visa. Your safety comes first, and there is support and a way forward.
Your safety matters more than any visa. If you are in immediate danger, call 000. For free, confidential counselling and information about your options, at any hour, you can contact 1800RESPECT on 1800 737 732. An interpreter can be arranged. These services are independent of the Department and of us, and they will not affect your visa.
The rest of this page explains, in plain terms, how the family violence provisions in Australia's migration law may help you keep your pathway to permanent residence after leaving a violent relationship. It is general information, not personal advice, and every situation is different, so we encourage you to get both support and tailored migration advice.
A way to continue your visa after the relationship ends.
Most partner visas depend on the relationship continuing. The family violence provisions are an exception built into the law. They mean that a partner visa applicant whose relationship with their sponsoring partner has ended may still be able to be granted the permanent visa, rather than being required to leave, if family violence was involved. They exist so that nobody feels trapped in a dangerous relationship simply to protect their visa.
Broadly, to be considered under the provisions you generally need to show two things: that your relationship was genuine while it lasted, and that family violence occurred during the relationship, committed by your sponsoring partner. They commonly apply to applicants for the onshore 820/801 and offshore 309/100 partner visas, and in some cases to certain other applicants. The detail and the evidence requirements are specific, so this is an area where getting advice early genuinely helps.
Telling the Department, and showing what happened.
If your relationship has ended and you have experienced family violence, you can notify the Department that the relationship has ceased, and ask to be considered under the family violence provisions. You will generally need to provide evidence of the family violence. There is more than one way to do this, and the law sets out what can be accepted, which can include certain official documents or an assessment by an independent expert. Because the type and standard of evidence matter, it is worth understanding your options before you lodge anything.
- You do not have to stay with your partner to keep your application alive.
- You generally still need to have been in a genuine relationship before it ended.
- The violence needs to have occurred during the relationship.
- Dependants included in your application, such as children, may also be covered in some circumstances.
You do not have to face this alone, and you do not have to have it all worked out first. A registered migration agent can explain how the provisions apply to your visa, what evidence may help, and what to expect, while support services help with safety and wellbeing. We keep these conversations confidential. There is no government application charge created by the provisions themselves; they are part of your existing partner visa process. We quote our own professional fee in writing before any work, and any assessment fee may be credited toward your engagement if you proceed.
Family violence provisions, answered gently.
Free, confidential help is available.
These are independent services, not part of the Department or of us. They are free and confidential, and contacting them will not affect your visa.
Emergency
If you are in immediate danger, call 000 for police, fire or ambulance.
1800RESPECT
National counselling and information line for domestic, family and sexual violence. 1800 737 732, free and confidential, 24/7, with interpreters available.
Community legal centres
Free legal help may be available in your state through community legal centres and women's legal services, including for visa and family matters.
Registered migration advice
For how the family violence provisions apply to your visa, you can speak with our registered migration agent confidentially. We quote our fee in writing before any work.
Department of Home Affairs - Family violence provisions (domestic and family violence and your visa); Migration Regulations 1994 (Cth). Current as at June 2026 and verified live at publish. For the current detail see homeaffairs.gov.au. Crisis support: 000 and 1800RESPECT (1800 737 732).
Written and reviewed by Brian Chan, Registered Migration Agent (MARN 2217857)
Visa Store Australia, Perth · Last reviewed June 2026 · Verify on the MARA register · General information only, not personal migration advice.
You have options, and support around you.
When you are ready, we can explain in confidence how the family violence provisions apply to your visa, and what the next step looks like.