Family Violence Partner Visa Australia 2026: Eligibility, Evidence and Process

Australia's Partner visa family violence provisions are intended to ensure that an eligible person does not have to remain in an abusive relationship simply to preserve a migration pathway.

Where the provisions apply, an applicant may still be able to progress toward permanent residence after the relationship with the sponsor has ended. The provisions are technical: eligibility depends on the visa pathway, relationship history, identity of the alleged perpetrator and evidence.

Who may be eligible?

Home Affairs currently states that Partner visa family violence provisions may apply where a person:

• holds or has applied for a Temporary Partner subclass 820 visa;

• holds or has applied for a Provisional Partner subclass 309 visa and has entered Australia since applying; or

• holds or previously held a Prospective Marriage subclass 300 visa, subject to additional requirements.

For a former subclass 300 holder whose visa has ceased, Home Affairs states that the person must be in Australia, not currently hold a substantive visa and have applied for the subclass 820/801 Partner visas.

Who must the alleged perpetrator be?

For a Partner visa applicant or holder relying on these provisions, Home Affairs states that the alleged perpetrator must be the former sponsor of the Partner visa application.

At least part of the family violence must have occurred while the applicant was in the relationship with that person, and the relationship must have ended.

Step 1: notify Home Affairs that the relationship has ended

Home Affairs directs applicants with ImmiAccount access to use the Notification of Relationship Cessation form in the Update Details section.

The form asks when the relationship ended, whether family violence occurred and whether there are children of the relationship. If both family violence and children apply, Home Affairs says both options should be selected.

What happens to ImmiAccount access?

For safety and privacy, Home Affairs states that selecting the family violence option automatically removes the Partner visa application and sponsorship application from all ImmiAccounts, including the former sponsor's or migration agent's account.

The Department then contacts the applicant to transfer the application to a new ImmiAccount. Applicants should use an email address the former sponsor cannot access.

Step 2: prove the relationship was genuine before it ended

A family violence claim does not remove the requirement to establish that the relationship with the former sponsor was genuine and ongoing before separation.

Home Affairs may ask for financial, household, social and commitment evidence. Examples include joint bills, bank accounts, leases, evidence concerning children, social activities, government records, travel and day-to-day communications.

See the Department's relationship evidence guidance.

Step 3: provide family violence evidence

Once Home Affairs is satisfied that the relationship was genuine, it assesses the family violence claim.

The evidence must show that at least part of the family violence occurred during the relationship and that the former sponsor was the alleged perpetrator.

Home Affairs has detailed evidentiary requirements for judicial and non-judicial evidence. Depending on the evidence relied on, documents may come from courts, police or specified professionals such as medical practitioners, psychologists, social workers, family consultants, family relationship counsellors or education professionals.

See the current Home Affairs family violence evidence rules.

What if Home Affairs is not satisfied by the evidence?

Home Affairs states that if it is not satisfied that family violence occurred, it will refer the claim to an independent expert for assessment.

The independent expert can interview the applicant and provide an opinion. Home Affairs says it must accept the independent expert's opinion. If the expert concludes that family violence did not occur, the applicant is given an opportunity to comment on that opinion.

Does the sponsor control the outcome?

No. A sponsor's withdrawal of sponsorship or statement that the relationship has ended does not itself decide a family violence claim. The Department assesses the Partner visa application and the relevant statutory provisions.

309 applicants: the Australia-entry requirement matters

For a person who holds or has applied for subclass 309, Home Affairs states that the applicant must have entered Australia since applying for the 309 to be eligible under these Partner visa family violence provisions.

Relationship breakdown without family violence

Not every separation involves family violence. Other recognised relationship-cessation provisions may apply where the sponsor has died or where there is a child of the relationship and the relevant parental-responsibility requirements are met.

See our broader Partner Visa Relationship Breakdown guide.

Safety and privacy

If there are safety concerns, use contact details and an ImmiAccount that the former sponsor cannot access. Home Affairs specifically recommends changing passwords and considering a new email account.

If someone is in immediate danger in Australia, call 000. Immigration status should not prevent a person from seeking safety or emergency assistance.

See the current Home Affairs family violence provisions and Partner visa applicant process.

Important

This article provides general information only. Family violence claims are evidence-sensitive and visa-specific. Applicants should obtain advice based on their exact Partner visa stage, immigration history and available evidence.