Australia's Migration Regulations 1994 include family violence provisions that protect partner visa applicants who have experienced family violence from being trapped in an abusive relationship by their immigration status. Normally, a partner visa application fails if the relationship with the Australian sponsor breaks down before the permanent visa is granted — but where the breakdown was caused by family violence perpetrated by the sponsor, the applicant may be able to continue their application and ultimately receive a permanent visa.

The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 (registered June 2024) amended the family violence provisions framework to expand and clarify the protections available to partner visa applicants experiencing family violence. Current information on the provisions is available at immi.homeaffairs.gov.au/family-violence-provisions.

• Migration Regulations 1994, Schedule 2 — the partner visa subclasses include provisions cross-referencing the family violence criteria
• Migration Regulations 1994, reg 1.21–1.26 — the definition of "family violence" for migration purposes
• Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 (F2024L00751) — the 2024 amendments: legislation.gov.au/F2024L00751
• DHA: Family violence provisions — immi.homeaffairs.gov.au/family-violence-provisions
• DHA: Family violence provisions for partner visa applicants — immi.homeaffairs.gov.au/family-violence-partner

When the provisions apply

The family violence provisions are available to partner visa applicants who:

• Hold or have applied for a provisional partner visa (subclass 309, 820) or who are awaiting the permanent component (subclass 100, 801) of their partner visa; and
• Are no longer in a relationship with their sponsor due to family violence perpetrated by the sponsor; and
• Can demonstrate that the relationship was genuine while it existed

The provisions apply where the violence was perpetrated by the former sponsor — the same person who sponsored the partner visa application. Violence by a third party does not engage the partner visa family violence provisions.

What constitutes "family violence" for migration purposes

The Migration Regulations define family violence as conduct (whether actual or threatened) by a person towards, or towards the property of, a family member of the person that causes the family member (or would likely cause a reasonable family member in that situation) to fear for, or to be apprehensive about, their personal wellbeing or safety. The definition covers physical, sexual, emotional, psychological, and financial violence, as well as controlling or coercive behaviour.

Notification and evidence

When the relationship ends due to family violence, the applicant should notify DHA using the Notification of Relationship Cessation form. The applicant must provide evidence of the family violence. The Migration Regulations allow two types of evidence:

• Judicial evidence: Documents from courts or law enforcement — such as an injunction, a protection order, a police report, or a conviction of the perpetrator — that refer to the family violence
• Non-judicial evidence: Statutory declarations (from the victim, a professional, or a witness) and professional assessments from recognised professionals such as medical practitioners, psychologists, social workers, family violence support workers, or members of the clergy

A combination of judicial and non-judicial evidence may be appropriate. Applicants do not need to have made a police report or obtained a court order to access the family violence provisions — non-judicial evidence alone can be sufficient.

The genuine relationship requirement

Even where family violence is established, the applicant must satisfy DHA that the relationship with the sponsor was genuine at the time it existed. The family violence provisions do not create a pathway for persons who entered a relationship solely to obtain a visa and never had a genuine partnership. Evidence of the genuine relationship may include the same types of evidence relevant to any partner visa application (shared finances, communications, photographs, witness statements, etc.).

Secondary applicants

Secondary applicants (dependent family members included in the partner visa application) may also be affected if the primary applicant's relationship has broken down due to family violence. Separate provisions in the Migration Regulations address the position of secondary applicants in this situation. Refer to the DHA page on secondary applicants for current information.

The 2024 Regulations (F2024L00751) amended the family violence provisions framework. Practitioners advising partner visa applicants in family violence situations should read the current version of the family violence provisions on the DHA website and, if applicable, on the Federal Register of Legislation rather than relying on pre-2024 guidance.

DHA has a dedicated family violence helpline and contact page at immi.homeaffairs.gov.au/family-violence/contact-us. Applicants in immediate danger should contact emergency services (000 in Australia) or a domestic violence service. Immigration status does not affect a person's right to access emergency services or crisis support.

The family violence provisions are separate from the broader family violence visa framework that may apply to holders of other visa types. For other visa holders experiencing family violence, refer to the DHA family violence and your visa page.