Who Can Apply Under the Family Violence Provisions for a Partner Visa?

Applying for an Australian Partner Visa (Subclass 820/801 or 309/100) is a milestone in their relationship. However, for some, this milestone becomes a nightmare due to abuse or violence. Many people in this situation fear that if they leave their partner, they will lose their path to Permanent Residency (PR) and may be deported. The Australian government has established the Family Violence Provisions (FVP) to ensure that no one feels forced to stay in an abusive relationship just to keep their visa. Here’s how to identify if you qualify for these provisions and stay in Australia safely.

What are the Family Violence Provisions?

The Family Violence Provisions allow a Partner Visa applicant and dependents to continue their application for PR even if the relationship has ended, provided the relationship broke down because of family violence committed by the sponsor.

Who is Eligible for Family Violence Provisions?

To be qualified for the family violence provisions, you must generally meet the following criteria:

You must have applied for a Partner Visa (Subclass 820/801 or Subclass 309/100) or a Prospective Marriage Visa (Subclass 300) and are currently in Australia.
You must prove that your relationship was genuine and continued until it broke down.
The family violence must have occurred while you were in the relationship with your sponsor.

What Counts as Family Violence?

Under Australian migration law, family violence is not limited to physical hitting. It is defined broadly and includes:

Physical abuse, such as hitting, pushing, or causing bodily harm.
Sexual abuse, including forced sexual acts or threats.
Psychological/emotional abuse, such as stalking, constant insults, or isolating you from your friends and family.
Financial abuse, including controlling all your money or preventing you from working.
Threats, such as threatening to have you deported or threatening to harm your children or family members.

What Evidence Do You Need to Prove Your Family Violence Case?

The Department of Home Affairs (DoHA) requires specific types of evidence to approve a family violence claim. Evidence is divided into two categories:

Judicial Evidence

Judicial evidence includes documents from a court or the police, such as:

A court-ordered Apprehended Violence Order (AVO) or Family Violence Order.
A court conviction against the sponsor for a violent offence against you.
Injunctions under the Family Law Act 1975

Non-Judicial Evidence

If you do not have a court order, you can present a combination of professional reports as non-judicial evidence. You usually need at least two (2) reports from the following:

Medical Professionals
Police Reports
Social Workers
Psychologists
School Principals

The Family Violence Provision Process: What Happens Next?

You must inform the Department of Home Affairs that your relationship has ended and that you are claiming the Family Violence Provisions.
You may receive a Natural Justice (S57) letter requesting that you provide further information within a specific timeframe.
Engage with an Accredited Specialist in Immigration Law to assist in preparing a strong legal submission and to build evidence for your specific matter.
If the Department is satisfied, they can grant you PR even though your sponsor is no longer supporting you.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Help

Speak with one of our two Accredited Specialists in Immigration Law - Jason Ling or Angela De Silva at Agape Henry Crux. They specialise in highly complex visa matters. If you are unsure or in doubt, consider arranging a consultation with us to get tailored professional advice and guidance on your next best step. You can book a consultation with us by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.

Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards and in the 2027 edition of The Best Law Firms™ - Australia.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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