Domestic & Family Violence and Your Partner Visa: The Family Violence Provisions Explained

You do not have to stay in an unsafe relationship to keep your visa. If you are in immediate danger, call 000. For 24/7 counselling and support in Australia, call 1800 737 732 (1800RESPECT).

Can you keep your Partner visa if the relationship ends because of violence?

The short answer is yes — in many cases. If your relationship ended because of domestic and family violence, you may be able to continue your Partner visa application under the family violence provisions in Australia's Migration Regulations 1994. These provisions exist so that victims are not forced to stay with an abusive partner merely to secure their immigration status.

The Department of Home Affairs states it plainly: "You and your family do not have to stay in a relationship where you fear for your or your family's safety. You have a right to a safe environment in Australia, regardless of your visa status."

Do the family violence provisions apply to you?

You may be eligible if you:

• Hold, or have applied for, a Temporary Partner (subclass 820) visa (onshore), a Provisional Partner (subclass 309) visa (offshore), or previously held a Prospective Marriage (subclass 300) visa
• Experienced family violence
• The perpetrator was your former partner, spouse or sponsor
• The family violence, or part of it, occurred during your relationship with that person
• You are no longer in a relationship with that person

A crucial point: because the provisions apply to the visa application, they are intended to work even when the sponsor withdraws their support or reports the relationship has ceased. That is precisely the situation many of our clients face — the sponsor tells the Department the relationship is over, and the applicant fears being cut adrift.

First step: tell the Department your relationship has ended

If you have access to ImmiAccount, submit the "Notification of Relationship Cessation" form in the Update Details tab. Choose both the "family violence" and (if it applies) "children of the relationship" options — your application is only automatically protected if you choose the family violence option. For your safety, the Department will remove your application from your former sponsor's and former agent's ImmiAccounts. Create a new ImmiAccount with an email your former sponsor cannot access.

If you have a migration agent or legal practitioner, they can notify the Department on your behalf.

What evidence do you need?

You will need to show two things:

1. Relationship evidence — that you were in a genuine and ongoing relationship with your former sponsor before it ended.
2. Family violence evidence — that at least part of the violence occurred while you were in the relationship, and that your former sponsor was the alleged perpetrator.

The family violence evidence is the core of your claim, and it can be either:

- Judicial evidence — a court injunction under the Family Law Act 1975, a state or territory court order, or a record of conviction or finding of guilt against your former partner; or - Non-judicial evidence — a joint court undertaking, or at least 2 pieces of evidence from different categories, such as: - A Commonwealth statutory declaration made by you (this is essential and must follow the official form), plus - a report or letter from a medical practitioner, psychologist, family consultant, or education professional, or - a police report or court record, or evidence from a counsellor or support worker.

Only one document from each category may be given. All evidence must be in writing, in English, and in the format requested.

The statutory declaration is the centrepiece. A personal story written as a plain document is not enough — it must be converted to a properly signed and witnessed Commonwealth Statutory Declaration (under the Statutory Declarations Act 1959). This is a common and serious mistake we see in self-prepared cases.

What is an s.56 Request for More Information — and why speed matters?

If the Department has received advice that your relationship has ceased, or it needs more evidence, it will often issue a Request for More Information under section 56 of the Migration Act 1958 (an "s.56 request"). This is not a refusal — it is the case officer telling you what they need to finalise your application. But it usually carries a deadline of around 28 days to respond.

Missing that deadline can have serious consequences, including refusal of your application or cessation of your bridging visa. If you are on a Bridging visa, a relationship-breakdown notice can also trigger a bridging visa cessation timeline that you must not let lapse.

This is why acting immediately matters. If you receive an s.56 request — or even if you fear one is coming — get migration advice before the clock runs out. An experienced agent will:

• Confirm whether your application is still "live"
• Decide whether to proceed under the family violence provisions
• Draft your statutory declaration and gather the right evidence set
• Lodge a complete response in ImmiAccount before the deadline

A critical warning: check your application was not already withdrawn

If, under pressure or coercion, you withdrew your application (for example with Form 1446), a withdrawn application no longer exists under the Migration Act and cannot be revived by the family violence provisions. In that situation a new application must be lodged, losing the original lodgement date.

This is a trap we have seen firsthand. If you are unsure whether a withdrawal was submitted or actioned, a registered migration agent can check your status via VEVO and ImmiAccount before any work is done. Do not assume — verify.

Does your sponsor need to cooperate?

No — that is the whole point. Under the family violence provisions, the applicant can be granted the visa even though the sponsor has reported the relationship as ended, because the visa is decided on the strength of the family violence evidence, not on the sponsor's ongoing support. You do not have to secure your abuser's cooperation to stay safe in Australia.

What should you do right now?

1. If you are in danger now, call 000. You can also call 1800 737 732 (1800RESPECT) for 24/7 counselling and support.
2. Do not delay. If you have received an s.56 request, note the deadline and start assembling evidence immediately.
3. Get a registered migration agent. The family violence provisions are technical, time-sensitive, and emotionally difficult to navigate alone. A MARN-registered agent will build your statutory declaration, gather the correct evidence categories, and respond before the deadline.

Fees

There is no separate government fee for relying on the family violence provisions. However, professional fees for a registered migration agent may apply for this work. We quote a fixed professional fee before you commit, with government charges itemised separately.

How Visa2AU can help

At Visa2AU, our MARN-registered migration agents (MARN 0534230, MARN 2418663) have handled complex partner-visa cases, including matters pivoting to the family violence provisions. We work in English, Russian and Filipino and act with sensitivity.

If your relationship has ended because of domestic or family violence, or you have received an s.56 request, contact us for a private, confidential consultation today. You do not have to face this alone, and you do not have to stay in an unsafe relationship to keep your visa.