Family Violence & Your Australian Visa: What the Law Actually Protects

If you are on a temporary or partner visa in Australia and you are experiencing family violence, there is something you need to know before anything else: your visa is not automatically cancelled if you leave your sponsor or partner. The law exists specifically to prevent that from happening.

Abusers sometimes use immigration status as a weapon — threatening to withdraw sponsorship, cancel your visa, or have you deported. People who use violence or control sometimes misrepresent a partner's visa status to make threats. Only the Department of Home Affairs or the Minister can cancel a visa, and cancellation is never automatic. Understanding exactly what the law says is one of the most important forms of protection available to you.

The Legal Framework: Division 1.5, Migration Regulations 1994

Australian migration law explicitly recognises this vulnerability. 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 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 Australian Government takes a strong stance against domestic and family violence, offering these legal protections to prevent abusers from using immigration status as leverage over their partners.

In plain terms: you do not have to stay in an abusive relationship to keep your visa.

Which Visas Are Covered?

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.

It does not stop there. The family violence provisions may apply if you have applied for a Partner (subclass 820/801) visa or are in Australia as the holder of a Partner (subclass 309) visa; you hold a Prospective Marriage (subclass 300) visa and have married your sponsor; you have applied for a Dependent Child (subclass 445) visa; you have applied for a Distinguished Talent (subclass 858) visa; or you have applied for an Offshore Partner (subclass 309/100) visa and certain provisions apply to you.

Recent regulatory changes have also expanded these protections further. At the end of 2024, significant changes were made to the Migration Regulations, expanding access to family violence provisions for secondary applicants across several visa subclasses. Notably, these changes applied to 11 additional visa subclasses. Before these changes, secondary applicants could only qualify for a visa if they remained a 'member of the family unit' of the primary applicant. However, with the introduction of expanded family violence provisions, they can now be granted a visa even if they have left the family unit as a result of domestic or family violence.

The following skilled visas are included in the extension of provisions: the Employer Nomination Scheme (subclass 186) visa and the Regional Sponsored Migration Scheme (subclass 187) visa.

What Counts as Family Violence Under Migration Law?

Family violence is any conduct that causes you to fear for your, or your family's, safety and well-being. It can be directed at you, your children, your family, friends, pets or property. Under section 4AB of the Family Law Act, family violence is defined as 'violent, threatening or other behaviour by a person that coerces or controls a family member or causes the family member to be fearful.'

Domestic and family violence is never acceptable. It can take various forms, including physical harm or threats of harm, verbal abuse, financial abuse, damage to property, injury of pets, and controlling behaviour. Critically, threats relating to migration — such as threatening to cancel a visa, withdraw sponsorship, contact the Department of Home Affairs, or have you deported — are also recognised forms of abuse in this context.

What Evidence Is Required?

Evidence is the backbone of any family violence visa application. Migration law recognises both judicial and non-judicial evidence.

Judicial evidence refers to a document from a court of law. It includes a court injunction under the Family Law Act 1975 against your former partner, or a record that the court has convicted your partner of a family violence offence against you or your children.

For non-judicial evidence, 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. The landmark instrument LIN 23/026 updated these evidentiary rules from 31 March 2023. From 31 March 2023, a new instrument under the Migration Regulations 1994 — Specification of evidentiary requirements — family violence — is in place that reduces the burden placed on victims of family and domestic violence seeking a visa. 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.

Importantly, many victims do not contact the police immediately due to fear, trauma, cultural barriers, financial dependency, or threats regarding their visa status. The absence of a police report does not invalidate your claim.

The Practical Steps: What to Do Right Now

If you are in immediate danger, call 000. Once you are safe, here are the practical migration steps to take:

1. Notify the Department of Home Affairs. If you have access to your ImmiAccount, use the Notification of Relationship Cessation form (Update Details tab). On the form, select the family violence option — this triggers privacy protections (the application/sponsorship will be removed from other linked ImmiAccounts, including the sponsor's account).
2. If you cannot access ImmiAccount, to tell the Department that your relationship with the primary applicant has ended due to family violence, you can complete the 'Notification of family violence – Secondary applicants' form in ImmiAccount. If you cannot use ImmiAccount, use the Notification of family violence – Secondary applicants form.
3. Contact the DHA's specialist team. 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. They will respond to you within 7 working days. When you contact them, you can give as much information as you feel comfortable sharing.
4. Keep your details current. Keep your contact details current with the Department, have your own ImmiAccount that only you can access, and check your visa status anytime through VEVO.
5. Seek independent legal advice. Only a registered migration agent or legal practitioner can give immigration advice — Legal Aid, Community Legal Centres, or Women's Legal Services are good starting points for free legal advice.

The Dedicated Government Support Structure

The Australian Government has established the Domestic and Family Violence Support (DFVS) service within the Department of Home Affairs to address these challenges. This service provides essential support to visa holders who are vulnerable due to family violence, ensuring they have access to legal protection and assistance. Originally launched as a pilot, the DFVS Section has now been allocated $6.1 million in ongoing funding through the 2024–25 federal budget.

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 family violence.

There is also financial support available. The Leaving Violence Program provides up to $5,000 in financial support, risk assessments, and referrals, regardless of visa status, gender, or sexuality.

Privacy Protections Matter

Privacy is important to the Department. They 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.

Regardless of your visa status, you can contact the Department of Home Affairs to discuss your situation. This is a crucial point — even if you are not sure whether you hold an eligible visa, you can still reach out.

Key Helplines

• Emergency: 000
• 1800RESPECT — national domestic, family and sexual violence counselling (24/7)
• Lifeline: 13 11 14 (24/7 crisis support)
• Kids Helpline: 1800 55 1800 (24/7, for children and young people)
• DHA Domestic & Family Violence Support Section: via the online contact form at homeaffairs.gov.au

This article is general information only and does not constitute legal or migration advice. If you are in a situation involving family violence, please seek advice from a registered migration agent, legal aid service, or community legal centre as soon as it is safe to do so.