Partner Visa
AustraliaTM
Family Violence Provisions for Partner Visa Applicants
If your relationship has ended because of family violence, you may still be able to continue your partner visa application or apply for permanent residency, even though you are no longer with your sponsor. We are a registered migration agent service helping applicants understand their options under the family violence provisions and manage their application with care and discretion.
What Are the Family Violence Provisions?
The family violence provisions are protections within Australian migration law that allow certain partner visa applicants to continue their application, or be granted permanent residency, even if their relationship with their sponsor has ended due to family violence.
Best suited for
Applicants who hold or have applied for an onshore (820/801), offshore (309/100), or prospective marriage (300) visa whose relationship has ended due to family violence perpetrated by their sponsor
What it protects against
You are not required to remain in a relationship where you fear for your safety in order to maintain your visa application
What the Department requires
Evidence that family violence occurred and that the relationship was genuine while it existed
Key benefit
A genuine applicant may still be granted a partner visa even though the relationship has ended
Who Can Access the Family Violence Provisions
Onshore Partner visa (Subclass 820) - temporary stage
Must have applied for the Subclass 820. This includes Prospective Marriage visa (Subclass 300) holders in Australia
Onshore Partner visa (Subclass 801) - permanent stage
Must have applied for the Subclass 801
Offshore Partner visa (Subclass 309) - temporary stage
Must have applied for the Subclass 309 and has entered Australia since applying
Offshore Partner visa (Subclass 100) - permanent stage
Must have applied for the Subclass 100
In every case, the sponsor must be the alleged perpetrator of the family violence. The violence must have occurred wholly or partly during the relationship, and the relationship must have been genuine while it existed. You will also need to meet standard health and character requirements.
What the Department Assesses
The Department of Home Affairs needs to be satisfied that family violence occurred and that the relationship was genuine. Evidence can include a range of sources, and you are not required to have a single type of document to make a claim.
If the Department is not satisfied based on the evidence provided, your claim may be referred to an independent expert for assessment. This is a separate process, and the Department must accept the independent expert's opinion.
What to Expect When You Work With Us
Confidential Consultation
We discuss your situation in confidence and assess whether the family violence provisions may apply to you, based on the visa you currently hold or have applied for.
Evidence Assessment
We identify what evidence is available to you and advise on the best way to present your claim, drawing on judicial, non-judicial, and relationship evidence.
Application Management
We manage your claim and communication with the Department of Home Affairs, including the Notification of Relationship Cessation where applicable, to help protect your privacy and safety throughout the process.
Ongoing Support
We remain your point of contact through to a decision, including managing any request for further information or referral to an independent expert.
Costs and Timeframes
Costs and processing times for an application under the family violence provisions depend on the underlying visa subclass you hold or have applied for. There is no separate government application charge for accessing the family violence provisions themselves. Speak with a registered migration agent for a clear picture of the costs and timeframes that apply to your specific situation.
Please note: Family violence claims are assessed individually, and processing times vary significantly depending on the complexity of the matter and whether referral to an independent expert is required. These figures are a guide only and are not a guarantee of when your application will be decided.
Frequently Asked Questions
Speak With a Partner Visa Australia Agent Today
Getting your partner visa right from the start makes every stage of the process simpler and faster for both of you. Call us on 1300 718 070 or book online today.
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