Domestic violence is never acceptable – and you do not have to choose between your safety and your visa.
For many migrants in Australia, a partner visa represents hope, stability and a future. But when that relationship becomes abusive, the situation can quickly turn into a nightmare – especially if you’re worried your immigration status is at risk.
The good news? Australian law protects partner visa applicants who experience family or domestic violence. Even if your relationship ends before your permanent visa is granted, you may still be eligible to stay in the country.
Understanding Partner Visas: A Two-Stage Process
Partner visas in Australia are typically granted in two stages:
- Temporary Partner Visa (Subclass 820 or 309) – lets you remain in Australia while your permanent visa application is processed.
- Permanent Partner Visa (Subclass 801 or 100) – granted after approximately two years, if the relationship continues.
However, if your relationship ends because of domestic violence, you may still be granted the permanent visa under family violence provisions in the Migration Regulations 1994.
What is Family and Domestic Violence?
It’s not just physical violence. Under Australian law, domestic abuse includes:
- Physical assaults (hitting, pushing, choking)
- Verbal or emotional abuse
- Sexual violence
- Financial control
- Social isolation
- Threats, intimidation or stalking
- Online harassment
Any behaviour that creates fear, harm, or control qualifies as family violence.
Can You Still Get Your Visa if the Relationship Ends?
Yes. If your relationship has broken down due to family violence, you can still be granted a permanent visa without your partner’s support.
- You have applied for (or hold) a Subclass 820 or 309, or a bridging visa related to it
- The relationship was genuine before the abuse
- You can provide evidence of the family violence
- Holders of Subclass 300 (Prospective Marriage) visas who later apply for a partner visa
- Some Subclass 858 (Global Talent) and skilled visa holders with sponsorship ties
What Kind of Evidence Do You Need?
There are two paths to proving family violence:
- A domestic violence order (DVO)
- A court injunction
- A conviction or finding of guilt against the sponsor
1. A statutory declaration detailing the abuse
2. Two documents from authorised professionals including:
- Doctors, psychologists, social workers or counsellors
- Police reports or witness statements
- Crisis centres or women’s refuge letters
If the Department of Home Affairs is not satisfied with the evidence, they may refer the matter to an independent expert for review.
Is Your Sponsor Controlling the Application? You Have Options.
In some cases, an abusive sponsor may control access to the visa application. Know this:
- You can create your own ImmiAccount to monitor the application.
- If your sponsor tries to withdraw support, the Department must notify you and give you 28 days to respond.
Make sure your contact details with the Department are current.
Important: Your sponsor cannot cancel your visa. Only the Minister (or a delegated officer) can do that – and not because the relationship ended due to violence.
What Happens to the Sponsor?
If your sponsor is a non-citizen, they may face visa cancellation on character grounds if found guilty of committing family violence.
Help Is Available
Your safety is the top priority. If you’re in danger or need support, reach out:
- Emergency: Call 000
- 1800RESPECT: 1800 737 732 – National Sexual Assault & Domestic Violence Helpline
- Lifeline: 13 11 14 – 24/7 crisis support
- Red Cross Family Violence Support: 1800 733 276 – Financial assistance of up to $3,000 may be available for temporary visa holders
Need Legal Guidance? We’re Here to Help
Navigating visa issues while facing family violence is complex — but you do not have to face it alone. Our experienced migration team can:
- Help you understand your rights
- Guide you through the evidence process
- Support your visa pathway without relying on your sponsor
If you or someone you know is experiencing abuse and holds a partner visa, reach out immigration lawyer for confidential advice today.
This article was prepared and written by our immigration lawyer team at Brightstone Migration and reviewed by Mei Guo, Partner Solicitor and Head of Immigration, to provide professional insights and commentary. The content is for reference only and does not constitute specific legal advice.
Last updated: 23/05/2025
