Your Safety Comes First: A Deep Dive into Australia’s Family Violence Provisions for Partner Visa Applicants

Written By David Pereira

7 minute read

Navigating Australia’s partner visa process can be overwhelming—but even more so when your relationship ends due to abuse. Many visa applicants in this situation feel trapped, fearing that leaving the relationship means losing their visa. Thankfully, that’s not the case.

Australia’s Family Violence Provisions (FVP) exist to protect non-citizen visa applicants who experience domestic or family violence. These provisions let victims continue with their visa application, even after the relationship ends—so long as the relationship was genuine and the violence can be evidenced.

This post is written for applicants, support workers, and advocates, and reflects the current law and policy. It's fact-checked and written from the perspective of a professional migration adviser working in the trenches of the Australian partner visa system.

1. What Are the Family Violence Provisions?

The Family Violence Provisions allow an applicant for a partner visa to still be granted permanent residency despite the breakdown of the relationship—if the relationship ended because of family violence committed by the sponsor.

The provisions apply to the following visa subclasses:

  • Subclass 820/801 (partner visa applied for in Australia)

  • Subclass 309/100 (partner visa applied for offshore)

The intent is clear: no one should have to stay in an abusive relationship to secure their visa status.

2. What Counts as Family Violence?

The definition used in the Migration Act is covered under Regulation 1.21 which defines it as:

”Conduct, whether actual or threatened, towards:

  • the alleged victim; or

  • a member of the family unit of the alleged victim; or

  • a member of the family unit of the alleged perpetrator; or

  • the property of the alleged victim; or

  • the property of a member of the family unit of the alleged victim; or

  • the property of a member of the family unit of the alleged perpetrator;

that causes the alleged victim to reasonably fear for, or to be reasonably apprehensive about, his or her own wellbeing or safety.”

This definition includes any conduct that makes the victim fear for their wellbeing or safety, and that is perpetrated by the sponsoring partner. It is not limited to physical violence.

Examples include:

  • Physical or sexual abuse

  • Threats of harm to the applicant or others

  • Intimidation or stalking

  • Financial control or deprivation

  • Social isolation

  • Emotional or psychological abuse

You do not necessarily need a police report or criminal conviction to make a claim under the FVP. While these items may strengthen your case, the focus is on the evidence you do provide, and how convincingly it demonstrates what occurred.

3. Who Can Use the Family Violence Provisions?

You may rely on the Family Violence Provisions if all of the following apply:

  • You’ve lodged a valid partner visa application (e.g. Subclass 820/801)

  • Your relationship with your sponsor has ended

  • The relationship ended because of family violence

  • The relationship was genuine and ongoing before it ended

Correction to a Common Myth:

You do not have to wait until the 820 visa is granted to rely on the family violence provisions.

Even if the Department has not yet granted your 820 visa, they can still approve it based on your FVP claim. This is a critical protection for people on temporary or bridging visas who experience violence after lodging their application.

4. Types of Acceptable Evidence

There are two main categories of evidence under the FVP framework: judicial evidence and non-judicial evidence.

A. Judicial Evidence (only one item required)

  • Final Apprehended Violence Order (AVO) made by a court

  • Family court injunctions

  • Conviction or finding of guilt against the sponsor for violence toward you

B. Non-Judicial Evidence (requires multiple statutory declarations)

If you don’t have a court order or police report, you can submit:

  • A statutory declaration from yourself, detailing the abuse

  • Two or more statutory declarations from “competent persons” such as:

    • Registered psychologists

    • Medical practitioners

    • Social workers

    • School counsellors

    • Police officers

    • Registered nurses

    • Family violence caseworkers

These professionals must have directly observed or been told of the violence, and their statements must be specific, dated, and credible.

Tip: Generic letters like “she said her husband was mean” aren’t enough. Case officers are trained to look for details and timelines—so encourage professionals to be thorough.

5. How to Notify the Department

There’s no official form for claiming the FVP. You must write to the Department (usually through your ImmiAccount) and say:

  • You’ve ended your relationship

  • You’re claiming under the Family Violence Provisions

  • You’re submitting evidence of the violence

Attach all relevant statutory declarations and/or court documents. If you’re unsure about what to include, getting professional migration assistance is strongly recommended.

6. How Your Claim Is Assessed

The Department must first be satisfied that your relationship was genuine and continuing before it broke down. Then they assess whether family violence occurred.

If there is judicial evidence, they are usually bound to accept the claim.
If the claim is based on non-judicial evidence, the Department can refer it to an independent expert—usually a social worker trained in assessing family violence.

Important note: The Department must give weight to the opinion of the independent expert. They can reject it, but they must explain why in detail.

7. What Happens If Your Claim Is Accepted?

  • Your 820 visa can be granted (if it hasn’t been already)

  • You can then be granted a subclass 801 permanent visa

  • Any children listed on your application will be processed with you

  • You don’t need your sponsor’s consent, support, or signature

Your future in Australia can be built independently of the abusive relationship.

8. Two Things You Might Not Know

  • You don’t need to have lived together full-time.

While most partner visa cases involve shared residences, the law doesn’t require cohabitation if you can demonstrate that there was an intention to reside together permanently

  • The sponsor’s criminal history can also be relevant.

As the legislation currently stands, if your sponsor has a history of violence (including against former partners or children), it can be relevant to your situation.

9. If Your Claim Is Refused: What Next?

You will be issued a refusal notice. You may still:

  • Apply to the Administrative Appeals Tribunal (AAT) for a merits review

  • Explore other limited visa options (e.g. Protection visa, Bridging visa E)

Don't give up hope—many cases have succeeded on appeal with the right evidence and legal support.

10. Final Advice

If you’re in a situation where your safety is at risk, you do not need to stay in a relationship to keep your visa. Australia’s immigration law includes protections to ensure you can escape abuse and still build your future.

But the Family Violence Provisions are complex and highly evidence-driven. The earlier you seek help, the better your chances of success.

About the Author

David Pereira is a registered migration agent working closely with partner visa applicants in Australia. He provides practical, human-focused support for people navigating the immigration system—especially in difficult and vulnerable circumstances. To book in an appointment with David please click the link below.

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