Domestic and family violence and your visa Family Violence Provisions

​​​Family violence provisions

You and your family do not have to stay in a relationship where you fear for your or your family’s safety.

The below information applies where you are eligible for the family violence provisions. If you are not eligible, there is still help available. You have a right to a safe environment in Australia, regardless of your visa status. See Where to get help.​

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.

Partner visa applicant or holder

If you are a Partner visa applicant or holder of one of the following visas, the perpetrator must be the former sponsor of the visa application.

Partner vis​​as

You may be eligible for a permanent visa if you:

• hold or have applied for a Temporary Partner (subclass 820) visa
• hold or have applied for (and entered Australia since applying) a Provisional Partner (subclass 309) visa 
• hold or previously held a Prospective Marriage (subclass 300) visa. 

For the Prospective Marriage (subclass 300) visa, you must be in Australia. If this visa has ceased you must also:

• currently not hold a substantive visa
• have applied for the Partner (subclasses 820 and 801) visa.

Dependent child visas

You may be eligible for a permanent visa if you:

• are the dependant of a Partner visa-holding parent who applied for family violence provisions, and
• have applied for a Dependent Child (subclass 445) visa.

Make a claim

For instructions on how to make a claim against the family violence provisions, go to Family violence provisions - Partner visa applicants.

Secondary applicant on a visa

You may be eligible to make a claim for the family violence provisions if:

• you are a secondary applicant 
• the perpetrator is the primary applicant​.

Also, when the visa application was made you must have either been in Australia or entered Australia afterwards.

Skilled and Business visas

• Business Talent (subclass 132) visa
• Employer Nomination Scheme (subclass 186) visa
• Regional Sponsored Migration Scheme (subclass 187) visa
• Skilled - Independent (subclass 189) visa
• Skilled - Nominated (subclass 190) visa
• Permanent Residence (Skilled Regional) (subclass 191) visa
• Pacific Engagement (subclass 192) visa
• Global Talent (subclass 858) visa
• National Innovation (subclass 858) visa
• Skilled - Regional (subclass 887) visa
• Business Innovation and Investment (subclass 888) visa

Family visas

• Parent (subclass 103) visa
• Remaining Relative (subclass 115) visa
• Carer (subclass 116) visa
• Contributory Parent (subclass 143) visa
• Aged Parent (subclass 804) visa
• Remaining Relative (subclass 835) visa
• Carer (subclass 836) visa
• Contributory Parent (subclass 864) visa

For Family visas, the family violence provisions do not apply to violence perpetrated by an Australian sponsor. If this applies to you, there is still help available. You have a right to a safe environment in Australia, regardless of your visa status. See Where to get help.

Make a claim

For instructions on how to make a claim against the family violence provisions, go to Family violence provisions - Secondary applicants.