Domestic Violence and Partner Visa | Family Violence Visa Australia

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What Is the Family Violence Provision?

If you’ve experienced family violence while holding or applying for a partner visa in Australia, you may still be able to stay in Australia independently of your relationship. The Family Violence Provision under Australian migration law protects victims by allowing them to be considered for a permanent visa even if the relationship has broken down.

This pathway primarily applies to applicants for:

  • Subclass 820/801 (onshore partner visa)
  • Subclass 309/100 (offshore partner visa)

What Counts as Family or Domestic Violence?

Family violence isn’t limited to physical abuse. It can include:

  • Emotional or psychological abuse
  • Financial control or exploitation
  • Threats, stalking, or intimidation
  • Social isolation
  • Verbal abuse or coercive control

In Australian immigration law, domestic violence refers to behavior that causes the victim to fear for their safety or wellbeing, or that of their child.

Visa Options if You’ve Experienced Family Violence

You may still be eligible for permanent residency if:

  • Your relationship has ended because of domestic or family violence, and
  • You have applied for or held a partner visa

You do not need to remain in the relationship to continue your application.

Our legal team can help you:

  • Prepare a family violence claim
  • Submit evidence such as statutory declarations, medical records, police reports, or court orders
  • Respond to s56 or s57 letters from the Department
  • Lodge an appeal or apply for Ministerial Intervention if needed

Evidence You Can Provide

To support your claim, you can submit:

  • Police or domestic violence reports
  • Court-issued Family Violence Orders (FVOs)
  • Letters or declarations from doctors, nurses, social workers, or psychologists
  • Statutory declarations from yourself and witnesses
  • Records from domestic violence shelters or support services

We guide our clients in assembling strong, admissible evidence that meets immigration standards.

We Support Survivors of Family Violence

At Jade Immigration Lawyers, we:

  • Understand the sensitivity and urgency of family violence cases
  • Offer discreet and trauma-informed support
  • Act fast to protect your visa status
  • Help with appeals, health and character submissions, and referrals to support networks

Book a Consultation Today

You don’t have to go through this alone.

📞 Call us on 0485 907 989 or book online. We assist clients across Australia and internationally.

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FAQ

Find answers to common questions about our Family Violence and Australian Partner Visa Protection services and processes. If you need further assistance, feel free to contact Jade Immigration Lawyers today!

1. Can I stay in Australia if my partner visa relationship ends due to family violence?

Yes. If you’ve applied for or hold a partner visa and the relationship ended due to family violence, you may still be eligible for permanent residency under the Family Violence Provision.

2. What evidence do I need to prove family or domestic violence?

You can provide police reports, court orders (e.g. AVO or FVO), medical or psychologist letters, or statutory declarations from yourself and professionals who witnessed the abuse.

3. Does emotional abuse count as family violence for visa purposes?

Yes. Australian immigration law recognises emotional, psychological, and financial abuse—not just physical harm—as valid forms of family violence.

4. What happens to my permanent partner visa application if I leave my abusive partner?

If the abuse can be proven, you can still be granted the permanent Subclass 801 or 100 visa even if the relationship ends before the visa is granted.