Your Visa Is Not a Trap: Understanding Australia's Family Violence Provisions in 2026

There is a cruel dynamic that plays out in abusive relationships involving migrant visa holders: the perpetrator knows that their partner's right to stay in Australia is tied to the relationship. That knowledge becomes a weapon. "Leave me and you'll be deported." It's coercive control dressed in immigration law, and it ruins lives.

The good news — and it's important news that not enough people know about — is that Australian migration law has specific, enforceable provisions designed to break exactly that cycle. These are called the Family Violence Provisions (FVPs), and they have been significantly expanded since 2024. If you or someone you know is in this situation, keep reading.

The Core Principle: Safety First, Visa Second

The Department of Home Affairs is unambiguous on this point. You and your family do not have to stay in a relationship where you fear for your or your family's safety — and you have a right to a safe environment in Australia, regardless of your visa status.

Under Division 1.5 of the Migration Regulations 1994, specific family violence provisions allow eligible visa applicants to continue their journey toward permanent residency — even if the relationship with their Australian sponsor, spouse, de facto partner, or primary applicant has ended.

This is the legislative backbone of the protections. Division 1.5 has been part of the Migration Regulations for years, but the Australian Government has been actively broadening its reach — particularly from 2024 onward.

Which Visas Are Covered?

Partner Visas (The Most Common Situation)

The Family Violence Provision allows individuals on temporary partner visas (subclasses 309, 820, or 300) to apply for a permanent partner visa (subclasses 100 or 801) even if the relationship ends due to family violence.

The abuse must have occurred while the relationship was still active. This provision ensures that victims of family violence are not forced to stay in harmful situations to protect their visa status or the visa status of family members.

Practically, this means: if you hold a subclass 820 (Partner — temporary, onshore) or subclass 309 (Partner — provisional, offshore) and your relationship has broken down because of family violence, you do not automatically lose your pathway to permanent residence. You can still be assessed for the permanent grant (subclass 801 or 100) on the basis of the violence you experienced.

To stay in Australia, you must show the Department that family violence took place in your relationship and that your relationship was genuine while you were in it. That's the core test — genuine relationship + proven violence.

Skilled Visas — The Big 2024 Expansion

This is the development many people in the skilled migration space haven't fully absorbed yet. The Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 extends family violence protections to seven permanent skilled visa subclasses, providing new avenues for secondary applicants to secure their visa, even if their relationship with the primary applicant has ended.

Then, in December 2024, the protections expanded further. The Migration Amendment (Family Violence Provisions and Other Measures) Regulations 2024 introduced critical changes aimed at safeguarding visa applicants experiencing family violence, expanding the family violence provisions to include 11 additional visa subclasses, such as Parent, Business Talent, and Contributory Parent visas.

These changes came into effect on 1 July 2024 (for Partner visa applicants), 15 October 2024 (for 7 Skilled visas) and 17 December 2024 (for a further 11 permanent visas).

In total, the Department of Home Affairs has implemented legislative and system changes to expand the FVPs across 20 visa subclasses, including 2 Partner visa subclasses where the provisions now cover additional cohorts of applicants, and 18 other permanent visa subclasses.

Who Counts as a "Secondary Applicant"?

A secondary applicant refers to an individual applying for a visa as a family member of the primary visa applicant — typically a spouse, de facto partner, or child of the primary applicant.

Previously, secondary applicants had to remain a 'member of the family unit' of the primary applicant to be granted a visa. That requirement meant an abusive primary applicant effectively held the secondary applicant's visa outcome in their hands. The 2024 reforms have dismantled that power imbalance.

The ImmiAccount "Split" Feature: A Practical Safety Tool

A quieter but significant system-level change arrived in December 2024. In December 2024, system changes were introduced on ImmiAccount. These changes enable those impacted by family violence to 'split' their application from the primary applicant. This 'split' feature allows secondary applicants to process their application separately from the primary applicant, protecting their privacy while allowing them to still use ImmiAccount.

The Department recommends that all applicants use ImmiAccount for notifications of relationship breakdowns or of family violence. This helps case officers identify and correctly handle applications involving family violence claims.

If you are concerned about your safety during this process — including whether your primary applicant can see your communications — the split feature is designed precisely with that concern in mind.

What Evidence Do You Need?

There are two broad pathways for establishing family violence: judicially determined (via a court order or conviction) and non-judicially determined (via evidence assessed by the Department or an Independent Expert).

Most survivors rely on the non-judicial pathway. The Migration Regulations provide special provisions relating to family violence under Division 1.5 in Part 1 of the Migration Regulations, including when an application for a visa is taken to include a non-judicially determined claim of family violence.

Since March 2023, the evidence framework has been updated under instrument LIN 23/026. From 31 March 2023, a new instrument under the Migration Regulations 1994 — the Specification of evidentiary requirements for family violence — is in place. The new measures include adding midwives to the list of medical professions who can provide evidence; adding risk assessments and reports as types of evidence in lieu of statutory declarations; adding additional advocacy and crisis service providers who can provide evidence; and removing the statutory declaration requirement for some healthcare professionals.

The types of evidence accepted under LIN 23/026 include documentation from:

• Medical practitioners, registered nurses, or midwives
• Police officers
• Child welfare or protection officers
• Family violence support service providers
• Social workers and other professionals

You can also make a statutory declaration yourself as the alleged victim, under regulation 1.25 of the Migration Regulations 1994, setting out the nature of the violence and the evidence on which your claim is based.

Five Practical Steps If You Are in This Situation

1. Get safe first. Call 1800RESPECT (1800 737 732) — the National Sexual Assault, Domestic and Family Violence Counselling Service — 24/7. Your immediate safety is the priority, not your visa paperwork.
2. Seek migration legal advice before contacting Home Affairs. Seek legal advice before notifying the Department, particularly if you intend to rely on the family violence provisions. The timing and content of any notification can be important and may affect how your application is assessed.
3. Use the ImmiAccount split feature if you need to separate your application from the primary applicant's account for privacy and safety reasons.
4. Gather evidence early. Medical records, police reports, statutory declarations from support workers — collect anything that documents the violence while it is still recent and accessible.
5. Know that you are eligible regardless of visa status. Regardless of your visa status, you can contact the Department to discuss your situation. Even if you are not eligible for the formal FVPs, there is still help available.

What Happens to the Perpetrator's Visa?

This is a question victims sometimes ask, either out of concern or out of the hope that there are consequences. It's worth noting clearly: only the Minister or a delegated officer has the power to refuse or cancel a person's visa. The Department assesses perpetrator conduct as part of the broader process, but a victim's claim does not automatically cancel the abuser's visa. Focus on your own pathway to safety and legal status.

The Bottom Line

Australian migration law is clear that no person should feel compelled to endure abuse in order to preserve their visa. These changes are part of the Australian Government's efforts to support those impacted by family violence by ensuring they are not disadvantaged in their visa status when leaving abusive relationships.

The 2024 reforms represent the most significant expansion of these protections in a generation, covering partner visas, skilled visas, parent visas, and beyond. If you or someone you know is holding a temporary visa while in an abusive relationship, the law has more room for them than they might think.

The first step is getting informed. The second step is getting safe.

If you are in immediate danger, call 000. For 24/7 domestic violence support, call 1800RESPECT on 1800 737 732.