What are the family violence provisions?

They are rules in the Migration Regulations that allow certain visa applicants to still be granted a permanent visa even though their relationship has ended, where it ended because of family violence committed by the sponsoring partner. They are not a separate visa — they are a safety net that can carry an existing application through to grant, so that a person is not forced to remain in a dangerous relationship to keep their pathway.

Do the family violence provisions only apply to partner visas?

No — not anymore. They have long applied to partner visa applicants, but from late 2024 they were materially expanded to reach secondary applicants across a range of permanent visa categories, including certain skilled and family visas. If you are a secondary applicant on someone else's permanent visa application, it is worth checking whether the provisions now apply to you.

How do I prove family violence for the provisions?

There are two routes. A judicially determined claim rests on certain court orders or a relevant conviction against the sponsor. A non-judicially determined claim is supported by prescribed evidence — statutory declarations in the required form plus supporting material from professionals such as doctors, psychologists, social workers or police, and, where required, an independent expert opinion. The evidentiary rules are specific, so how the material is prepared matters.

Can a secondary applicant be granted a visa after family violence?

Following the 2024 expansion, in appropriate cases yes. A secondary applicant affected by family violence need not simply be removed from the application, and it may be possible to deal with their situation separately from the primary applicant, including by splitting the application. Whether this is available depends on the visa category and the facts, so it should be assessed carefully.

Will using the family violence provisions affect my sponsor?

The provisions are about protecting the applicant's pathway, not about punishing anyone through the visa process. Any consequences for the other person flow from the legal system generally, not from your visa application. Your focus should be your safety and your own status. I handle these matters confidentially and sensitively.

What should I do first if I am experiencing family violence?

Get safe. If you are in immediate danger, contact 000. Support services are available regardless of your visa status. Once you are safe, seek advice about your immigration options — your position may be more secure than you fear, and acting on good information early is far better than staying in a dangerous situation out of worry about a visa.

Family Violence Provisions Australia: Your Visa Options

No one should have to choose between their safety and their visa. Australia's family violence provisions exist so that a person who has suffered family violence is not forced to stay in a dangerous relationship simply to keep an immigration pathway alive.

This is a sensitive area, and it is one I handle with care. This guide explains, in general terms, how the provisions work, who they protect, and how the protection was significantly widened from late 2024.

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