Immigration Law

You don’t have to tolerate violence for a partner visa!

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Is this you?

Holding an ongoing partner visa application; and
Suffering from family violence or domestic abuse.
Immigration Law
If your answer is ‘yes’, you may still be eligible for permanent residency in Australia.

I want to break up because of domestic violence.
Will I lose my partner visa?

Not necessarily.

In Australia, there is zero tolerance for family and domestic violence.

Certain temporary visa holders are protected by family violence provisions to ensure that they do not have to tolerate family violence just for visa purposes.

You may still be granted your permanent residency in Australia if your relationship has broken down due to family violence.

No more violence.
We are here to help!

Frequently Asked Questions

You may be eligible for a visa if the following apply to you:

  • you have married your spouse while the holder of a Prospective Marriage visa (subclass 300) and applied for a Partner visa (subclass 820/801), or
  • you are awaiting the outcome of your application for a temporary Partner visa (subclass 820), or
  • you have been granted a temporary Partner visa (subclass 820), or
  • you have entered Australia as the holder of a provisional Partner visa (subclass 309), and
  • you or your family members have experienced family violence, and
  • your relationship has ended.

Family and domestic violence is any conduct that makes you fear for your or your family’s safety and wellbeing.

Family and domestic violence can include:

  • physical violence, such as: punching, hitting, kicking, pushing, choking
  • sexual assault
  • verbal or emotional abuse
  • controlling behaviour
  • stalking
  • technology facilitated abuse
  • financial abuse
  • abuse of the elderly
  • forced isolation or economic deprivation, including dowry-related abuse.

You will be protected by Family Violence Provision if the family violence is towards:

  1. the alleged victim; or
  2. a member of the family unit of the alleged victim; or
  3. a member of the family unit of the alleged perpetrator; or
  4. the property of the alleged victim; or
  5. the property of a member of the family unit of the alleged victim; or
  6. the property of a member of the family unit of the alleged perpetrator

Only the Minister or a delegated officer has the power to refuse or cancel a person’s visa.

A perpetrator of family and domestic violence cannot cancel your visa.

Please note that perpetrator refers to the person who commits family or domestic violence.

Court documents

  • a court injunction under the Family Law Act 1975 against your partner
  • a court order against your partner made under a State or Territory law
  • a record that the court has convicted your partner of a family violence offence against you or your dependant(s)
  • a record that the court has recorded a finding of guilt against your partner of family violence offences against you or your dependant(s)

Statutory declarations and official documents

If you cannot provide a document from a court of law or a joint undertaking, complete Form 1410 – Statutory declaration for family violence claim (267KB PDF). If the victim is a dependent child, complete the declaration for them. You will also need to provide other official documents with the statutory declaration.

If the Minister is not satisfied that you have suffered the relevant family violence:

  1. the Minister must seek the opinion of an independent expert about whether the alleged victim has suffered the relevant family violence; and
  2. the Minister must take an independent expert’s opinion on the matter to be correct for the purposes of deciding whether the alleged victim satisfies a prescribed criterion for a visa that requires the applicant for the visa, or another person mentioned in the criterion, to have suffered family violence.

Although temporary partner visa holders are protected by family violence provisions, this kind of matters still need to be treated carefully and professionally. The special nature of family violence matters makes them highly sensitive and complicated.

If you have an ongoing visa application and is experiencing family violence, you should consult our immigration lawyer as soon as possible.

No matter what kind of visa you are holding, you need to get help when suffering from family violence!

Support services

1800-RESPECT
Website:https://www.1800respect.org.au/
Phone: 1800 737 732

National Domestic Violence Hotline
Website: https://www.thehotline.org/
Phone: 1800 737 732

Lifeline
Website: https://www.lifeline.org.au/
Phone: 13 11 14

Mensline
Website: https://mensline.org.au/
Phone: 1300 789 978

For free interpreter services, see the Translating and Interpreting Service (TIS National).
Website: visit Translating and Interpreting Service (TIS National)
Phone: 131 450 (24 hours, 7 days)

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