For some migrants, concerns about their Australian visa can make leaving an abusive relationship particularly difficult. A person may fear that ending the relationship will automatically result in their visa being cancelled, or they may have been told by their partner that they will be deported if they leave.

Australian immigration law contains Family Violence Provisions which may allow certain eligible visa applicants to continue their visa pathway after their relationship has ended because family violence occurred.

The Department of Home Affairs makes clear that people and their families do not have to remain in a relationship where they fear for their safety or the safety of their family.

Your partner cannot personally cancel your Australian visa

One of the most important points for visa holders experiencing domestic or family violence to understand is that a spouse, partner or sponsor cannot personally cancel an Australian visa.

Visa cancellation decisions are matters for the Australian Government. A relationship ending does not, by itself, mean that a person's visa is instantly cancelled.

What are the Family Violence Provisions?

Australia's Family Violence Provisions may allow certain eligible visa applicants or holders to continue towards permanent residence after their relationship with their sponsoring partner has ended because family violence occurred.

Whether the provisions apply depends on the particular visa, immigration history and individual circumstances. They should therefore not be assumed to apply simply because a person has experienced family violence.

Which Partner visa applicants may potentially be covered?

The Department of Home Affairs identifies several Partner visa circumstances where the Family Violence Provisions may potentially apply, including certain people who:

• hold or have applied for a Temporary Partner visa (subclass 820);
• hold or have applied for a Provisional Partner visa (subclass 309), subject to the relevant requirements; or
• hold or previously held a Prospective Marriage visa (subclass 300), where the applicable additional requirements are satisfied.

Eligibility can become more complicated where visas have expired, another visa has subsequently been granted, children are involved, or a person has a more complex immigration history.

What happens when the relationship ends?

Home Affairs currently describes a process for Partner visa applicants whose relationship has ended and who are seeking consideration under the Family Violence Provisions.

Protect your ImmiAccount and personal information

In family violence circumstances, control of online accounts can become particularly important. A former partner may previously have had access to an applicant's email account, mobile phone, passwords or ImmiAccount.

Home Affairs recommends using an individual ImmiAccount and an email address that the former sponsor cannot access.

Where it is safe to do so, consider reviewing access to:

• your email account;
• ImmiAccount;
• mobile phones and devices;
• password recovery email addresses;
• cloud storage;
• banking services; and
• social media and other shared online accounts.

Personal safety should always take priority when making changes to devices, accounts or passwords.

Do you have to remain with an abusive sponsor to obtain a Partner visa?

No.

Australian Government information states that a person should not remain in a violent or abusive relationship for a visa outcome. The safety and wellbeing of the person and their children should be the priority.

For eligible applicants, the Family Violence Provisions may allow the immigration process to continue even though the relationship with the sponsoring partner has ended.

Children and family violence

Where children are involved, Home Affairs should be provided with accurate information about the circumstances. Family violence cases involving children may also raise issues outside migration law, including family law, parenting arrangements, protection orders, policing and child safety.

Appropriate legal and support services may therefore be needed in addition to immigration assistance.

Home Affairs Domestic and Family Violence Support

The Department of Home Affairs provides a dedicated Domestic and Family Violence contact pathway for temporary visa holders experiencing domestic and family violence.

Temporary visa holders, or appropriate service providers assisting them, may use the Department's DFV contact form to seek information relating to visa status and immigration matters.

Visit the Department of Home Affairs DFV Contact Form

Help is available regardless of visa status

Not every visa holder will qualify for the Family Violence Provisions. However, domestic and family violence assistance is available regardless of a person's visa status.

Emergency assistance

If you or someone else is in immediate danger, call 000.

1800RESPECT

1800RESPECT provides confidential domestic, family and sexual violence counselling, information and support.

• Phone: 1800 737 732
• Text: 0458 737 732
• www.1800respect.org.au

Immigration assistance in family violence matters

Family violence Partner visa matters may be considerably more complicated than an ordinary relationship cessation notification. Issues may include:

• determining whether a visa is covered by the Family Violence Provisions;
• notifying Home Affairs about relationship cessation;
• protecting access to ImmiAccount and correspondence;
• providing information about the former relationship;
• responding to requests for family violence evidence;
• dealing with health, character or other visa requirements; and
• considering the position of children or other applicants included in the application.

Where separate legal issues arise — including family law, intervention or protection orders, criminal law, parenting or property matters — assistance from an appropriately qualified Australian legal practitioner may also be necessary.