News & Insights
Experiencing family violence can be overwhelming and frightening, particularly if your visa status depends on your partner or another family member.
Many partner visa holders or applicants worry that leaving an abusive relationship will affect their ability to remain in Australia. However, Australian migration law provides important protections for victims of family violence.
If you are experiencing family violence, you may still be eligible to apply for or be granted a partner visa, even if your relationship has ended.
Depending on your Exact Circumstances, You Do Not Have to Stay in an Abusive Relationship to Be Granted or Keep Your Partner Visa
In Australia, domestic and family violence is recognised as a serious criminal offence. Migration law reflects this by providing special provisions that allow eligible visa applicants to continue with their visa applications even if family violence occurs during the relationship.
These protections are most commonly available to applicants for Partner visas, and Prospective Marriage visas.
What Is Considered Family Violence?
Under Australian migration law, family violence includes behaviour that causes a person to reasonably fear for their safety or wellbeing. This can include:
- Physical or sexual abuse
- Verbal or emotional abuse
- Financial control or exploitation
- Social isolation or controlling behaviour
- Threats to cancel visas or withhold immigration documents
Family violence does not have to involve physical harm. Threatening or controlling behaviour can also qualify.
When Can Family Violence Provisions Apply?
Family violence provisions may apply where:
- You were in a genuine relationship or dependent family relationship
- Family violence occurred during that relationship
- The violence was committed by your sponsor, primary visa applicant, or a relevant family member
- The violence contributed to the relationship ending or placed you at risk
If these circumstances are established, you may still be able to proceed with your visa application and be granted a permanent visa.
How Is Family Violence Proven?
Family violence can be established through either judicial or non-judicial evidence.
Judicial evidence includes court orders, criminal convictions, or police findings.
Non-judicial evidence involves professional reports from qualified professionals such as doctors, psychologists, social workers, or family violence support services. Migration law generally requires at least two pieces of evidence from different types of professionals if court evidence is not available.
Seeking Help Will Not Automatically Affect Your Visa
Many visa applicants fear that reporting family violence to the Department of Home Affairs may negatively impact their migration status. In most cases, seeking help or leaving an abusive relationship will not automatically result in visa cancellation. In fact, migration law is designed to protect victims and allow them to safely separate from abusive relationships where necessary.
Getting Advice Early Is Important
Every migration matter is different. If your visa depends on your partner or another family member, it is important to seek legal advice before withdrawing an application or making major decisions about your relationship.
An experienced migration lawyer can help you understand your eligibility, assist with gathering evidence, and communicate with the Department of Home Affairs on your behalf.
Support Is Available
If you are experiencing family violence, support services are available in Australia regardless of your visa status. If you are in immediate danger, call emergency services on 000.
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