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Family Violence Provisions Partner Visa Australia 2026: When a Relationship Ends
Australia's Partner visa framework contains family violence provisions designed to prevent a person from having to remain in an abusive relationship simply to preserve a migration pathway. The provisions are technical and do not apply identically to every visa holder, but they can allow some Partner visa applicants to continue toward permanent residence after the relationship ends.
Which Partner visa applicants can potentially use the provisions?
Home Affairs states that the provisions may apply to people who hold or have applied for a temporary subclass 820 visa, people who hold or have applied for a provisional subclass 309 visa and entered Australia after applying, and certain people who hold or previously held a subclass 300 Prospective Marriage visa. Additional requirements apply to subclass 300 cases.
The relationship must first be assessed as genuine
A family violence claim does not remove the need to establish that the relationship with the former sponsor was genuine before it ended. Home Affairs states that it first assesses relationship evidence and then assesses the family violence claim.
See our detailed Partner Visa Relationship Evidence guide.
What must the family violence evidence show?
Home Affairs states that the evidence must show that at least part of the family violence occurred while the applicant was in the relationship with the former sponsor and that the former sponsor was the alleged perpetrator. The Department has specific evidentiary rules and may request further material.
What if the sponsor withdraws sponsorship?
A sponsor can withdraw sponsorship before the permanent Partner visa is decided, but withdrawal does not necessarily determine the applicant's outcome. Home Affairs states that there may still be grounds to grant the applicant a permanent Partner visa and that the applicant must be given an opportunity to respond to information about the relationship ending.
Related Partner visa pathways
Read the 820/801 onshore Partner visa guide.
Read the 309/100 offshore Partner visa guide.
Official sources
This article provides general information only. Family violence claims involve detailed legal and evidentiary requirements. People facing immediate danger should contact emergency services or an appropriate support service and obtain independent legal or migration advice about their visa position.
