Domestic & Family Violence and Your Visa: What Registered Migration Agents (and Their Clients) Need to Know in 2026

If you are a visa holder in Australia experiencing domestic and family violence (DFV), one of the most dangerous myths you may have been told is this: "If you leave, I'll get your visa cancelled."

It is a lie. And Australian migration law backs you up.

The Department of Home Affairs recently reminded registered migration agents (RMAs) — via Migration Alliance's immigration daily news — about dedicated DFV information and resources available on the Home Affairs website. These pages are regularly reviewed, updated, and translated into multiple languages. This is a timely prompt for every migration agent, settlement worker, and visa holder to understand exactly what protections exist and where to turn for help.

Here is a clear, practical breakdown.

Your Visa Is Safer Than You May Have Been Told

Your visa is safer than you may have been told. People who use violence or control sometimes misrepresent a partner's visa status in order to make threats. This is a recognised form of abuse in its own right — what Regulation 1.21 of the Migration Regulations 1994 (Cth) and section 4AB of the Family Law Act 1975 (Cth) recognise as coercive or controlling behaviour.

Only the Department of Home Affairs or the Minister can cancel a visa, and cancellation is never automatic. A sponsor does not have unilateral power over your immigration status. A partner (sponsor) who commits family violence cannot cancel their partner's (applicant) visa, and the Department will not cancel a temporary partner visa merely because of a relationship breakdown.

You have a right to a safe environment in Australia, regardless of your visa status.

The Department's Domestic & Family Violence Support Section

The Domestic and Family Violence Support Section is a specialised team within the Department of Home Affairs that supports temporary visa holders experiencing domestic and family violence in Australia.

The DFVS Section is specifically designed to support temporary visa holders experiencing DFV, including individuals on bridging visas, awaiting decisions on visa applications, or without a valid visa. This is critically important: even if your visa has expired, you can still reach out.

The DFVS service provides temporary visa holders with crucial case management, visa escalations, and immigration-related advice to help them navigate the complexities of their legal status in Australia while dealing with DFV.

How do you contact them? The website hosts the Temporary visa holder domestic and family violence contact form, which is the Department's preferred point of contact for clients and RMAs seeking information or support regarding visa status or other DFV-related immigration matters. The Department will respond within 7 working days. If your situation is urgent, mark this clearly in the subject line of your enquiry.

Privacy is important. The Department will always make sure they have your approval before releasing any information about you to someone else. If a service provider or third party contacts them on your behalf, they must have your consent to share your information with them.

The Family Violence Provisions: A Legal Pathway to Permanent Residency

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. 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.

The key legislative framework sits in Division 1.5 of the Migration Regulations 1994 (Cth) — specifically Regulations 1.23 and 1.24, which govern when a person is taken to have experienced family violence and what evidence must be provided.

If you have experienced domestic and family violence and you are no longer in a relationship with your sponsor, you may be able to be considered under the family violence provisions under migration legislation.

What Counts as Family Violence?

Family violence under migration law is broad. Examples include threats relating to migration (such as threatening to cancel a visa, withdraw sponsorship, or have someone deported), coercive control and emotional abuse (constant monitoring, tracking, isolation from family and friends, humiliation, or psychological intimidation), and financial abuse (controlling all funds, refusing allowance for necessities, preventing employment, or forcing debt).

What Evidence Do You Need?

Evidence falls into two categories under LIN 23/026 — the Migration (Specification of Evidentiary Requirements — Family Violence) Instrument 2023:

• Judicial evidence: Documents from a court or police, such as a court-ordered Apprehended Violence Order (AVO) or Family Violence Order, or a court conviction against the sponsor for a violent offence.
• Non-judicial evidence: If you do not have a court order, you can present a combination of professional reports as non-judicial evidence — you usually need at least two reports. Since 31 March 2023, the list of accepted professionals now includes midwives; risk assessments and reports are accepted in lieu of statutory declarations; additional advocacy and crisis service providers can provide evidence; and the statutory declaration requirement has been removed for some healthcare professionals.

These are meaningful reforms that reduce the burden on survivors, many of whom cannot easily produce formal documentation.

For Registered Migration Agents: Your Role and the Resources Available

The Department's July 2026 reminder to RMAs is not merely informational — it reflects an expectation that agents know where to direct vulnerable clients.

The Home Affairs website includes a downloadable information sheet that RMAs may provide to clients where appropriate. This resource was developed in consultation with the International Organization for Migration. Agents should have this factsheet on hand and provide it routinely where DFV may be a factor — even where it has not been explicitly raised by the client.

Why? Because for women on temporary visas experiencing domestic and family violence in Australia, their perpetrators are often also their visa sponsors. This power dynamic means clients may not volunteer information unless they feel safe doing so. Creating that space is part of culturally competent, ethical practice under the Migration Agents Code of Conduct.

A federal government safety net for migrant DFV victim-survivors has been criticised as a stressor and barrier, with lawyers and experts saying the Department of Home Affairs needs to rethink a process that requires documentary proof a relationship was "genuine" as part of the family violence provisions. RMAs who understand this tension are better placed to advocate for their clients and gather the right supporting material early.

The provisions are described as "really tricky to navigate without legal assistance", with fears for those who cannot get support. That is exactly why the agent's role matters so much in these cases.

Reporting Perpetrators

If someone is the perpetrator of domestic and family violence, the Department may refuse or cancel their visa. Visa holders whose partners are the perpetrators of violence can report concerns to the Department's Border Watch Program. This ensures that the individual's safety is prioritised while the report remains confidential.

Emergency and Crisis Support

Migration agents are not counsellors, but knowing the referral pathways is essential. If a client is in immediate danger, they should call 000.

For ongoing support and counselling, the national 24/7 service is 1800RESPECT (1800 737 732) — a free, confidential phone and online service available around the clock.

A visa holder should not remain in a violent or abusive relationship because of a visa outcome. Their safety, and the safety of their children, matters more than any application.

Key Contacts and Resources — Quick Reference

• Department DFV Contact Form: immi.homeaffairs.gov.au (Temporary visa holder domestic and family violence contact form)
• 1800RESPECT: 1800 737 732 (24/7, free, confidential)
• Emergency: 000
• Border Watch (reporting perpetrators): via Home Affairs website
• Legal Aid: Available in each state and territory — check your local Legal Aid commission

This article is general information only and does not constitute migration or legal advice. If you are experiencing domestic or family violence, please contact 1800RESPECT (1800 737 732) or reach out to a registered migration agent or community legal centre for advice specific to your circumstances.