Partner visas / Family violence

Guide · Family violence

Family violence and your partner visa.

If your relationship has ended because of family violence by your sponsor, you may still be able to stay in Australia permanently. You don't have to stay in an unsafe relationship to keep your visa.

Covers820, 309 and 300 visas
PerpetratorYour former sponsor
Court order needed?No, other evidence counts
OutcomeA permanent visa

Who it covers

Who can use the family violence provisions.

You may be eligible if you

  • Hold or have applied for an onshore partner visa (820)
  • Hold or have applied for an offshore partner visa (309), and have entered Australia since applying
  • Hold or held a prospective marriage visa (300), are in Australia, and have applied for the 820/801 if the 300 has ended
  • Dependent children of a parent who uses the provisions may also be covered

What must be true

  • You experienced family violence
  • The perpetrator was your former partner and sponsor
  • At least part of the violence happened during the relationship
  • The relationship was genuine, and it has now ended

The process

How a claim works.

1. Tell Home Affairs the relationship has ended

Use the Notification of Relationship Cessation form in ImmiAccount and tick family violence, and children if that applies. Your application is then removed from your former sponsor's account. We can notify for you.

2. Set up a safe account

Create a new ImmiAccount with an email your former sponsor can't access. Home Affairs moves your application into it.

3. Relationship evidence

Home Affairs first checks the relationship was genuine before it ended: finances, household, social and commitment evidence.

4. Family violence evidence

Then it assesses the family violence. If it isn't satisfied, it refers you to an independent expert, whose opinion it must accept.

Home Affairs says it will give you more time to gather documents if you need it. It may also ask for health examinations and police certificates.

Evidence

What evidence counts.

The evidence must show that at least part of the violence happened during the relationship, and that your former partner was the alleged perpetrator. It must be in writing and in English.

Court documents (judicial)

One of these is enough:

  • A Family Law Act injunction against your former partner
  • A court order under state or territory law
  • A conviction, or a finding of guilt, for a family violence offence against you or your children

Other evidence (non-judicial)

A joint undertaking made before a court, or at least 2 documents from different categories, plus a Commonwealth statutory declaration (Form 1410i):

  • Medical: a doctor, nurse or midwife
  • Police: a report, record or witness statement
  • Child welfare officer
  • Family violence support service
  • Social worker or psychologist
  • Family consultant or relationship counsellor
  • Education professional
Only one document per category counts. A hospital report and a doctor's statutory declaration are both medical evidence, so they count once.

Sources: Home Affairs, family violence provisions; family violence evidence; Partner visa applicants.

FAQ

Questions about family violence and your visa.

Do I need a court order?

No. You can use other evidence instead: at least two documents from different professional categories, such as a doctor and a support service, with a statutory declaration.

Will my former partner find out?

Home Affairs treats the information as confidential. When you tick family violence on the notification form, your application is removed from your former sponsor's ImmiAccount.

I'm on a 309 and still overseas. Can I use the provisions?

The provisions apply to 309 applicants who have entered Australia since applying. If you are outside Australia, talk to us about your options.

What if I don't qualify for the family violence provisions?

Other options may apply, for example if you have a child with your former partner. You have a right to be safe whatever your visa status, and 1800RESPECT can help on 1800 737 732.

Does Home Affairs decide whether family violence happened?

It assesses your evidence. If it isn't satisfied, it must refer you to an independent expert and accept the expert's opinion.

General information only, current at 15 October 2026. Not legal advice. Home Affairs policy and the Migration Regulations change; we check your case against the rules in force when you apply. If you are in immediate danger, call 000.

Need confidential advice?

Book a free 15-minute eligibility call, or a 30-minute strategy consultation ($330) if your case is complex. Or call 1300 079 743.

Book a call or consultation

Schedule a free introductory call with our principal solicitor, Rosa Nobarani to discuss your immigration needs today.