You and your family do not have to stay in a relationship where you fear for your or your family’s safety.
Stay in Australia
The family violence provisions mean that you may be able to stay in Australia on a permanent visa if:
- you have applied for or currently hold an eligible visa
- you have experienced family violence
- the perpetrator was your former partner or spouse
- the family violence, or part of it, occurred during your relationship with this person
- you are no longer in a relationship with this person.
How you make a claim against these provisions depends on which visa you hold.
If you are a Partner visa applicant or holder
If you are a Partner visa applicant or holder of one of these visas, the perpetrator must be the former sponsor of the visa application.
Partner visas
You may be eligible for a permanent visa if you:
For the Prospective Marriage (subclass 300) visa, you must be in Australia. If this visa has ceased you must also:
Dependent child visas
You may be eligible for a permanent visa if you:
Make a claim
To make a claim against the family violence provisions, see: Family violence provisions - Partner visa applicants.
If you are a secondary applicant on a visa
If you are a secondary applicant on one of these visas, the perpetrator must be the primary visa applicant of the permanent visa application.
In a visa application the primary applicant is the person seeking to satisfy the primary criteria for grant of the visa, while secondary applicants are members of their family unit such as their spouse or de facto partner and/or dependent children.
For the family violence provisions, if you are the secondary applicant notifying the Department of Home Affairs that your relationship has ended and you have experienced family violence, you must be the spouse or de facto partner of the primary applicant.
You may be eligible if you are a secondary applicant on one of these visas.
Skilled visas
Family visas
Make a claim
To make a claim against the family violence provisions, see: Family violence provisions - Secondary applicants.
