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Family violence and your visa

Family violence is any conduct that makes you reasonably fear for your safety or wellbeing. This can be actual or a threat, and directed at you, your family members, the alleged perpetrator's family members, or your or the alleged perpetrator's property.

Family violence can include:

  • physical or psychological abuse or harm
  • forced sexual relations
  • forced isolation or economic deprivation, including dowry-related abuse.

The Department of Home Affairs can't help you in an emergency or support victims of family violence.

If you or your family are in danger, phone the Police on 000.

Family violence is a crime in Australia. You and your family members don't have to remain in a violent relationship to stay in Australia. You might still be able to be granted a visa if all of the following apply to you:

  • you have married your spouse while the holder of a Prospective Marriage visa (subclass 300) and applied for a Partner visa (subclass 820/801), or you are awaiting the outcome of your application for a temporary Partner visa (subclass 820), or you have been granted a temporary Partner visa (subclass 820), or you have entered Australia as the holder of a provisional Partner visa (subclass 309)
  • you or your family members have experienced family violence
  • your relationship has ended

To prove you have suffered family violence, you must show us that: 

  • if you hold or held a Prospective Marriage visa, you would have continued to be your sponsor's spouse but your relationship has broken down
  • you would have continued to be your sponsor's de facto partner or spouse but your relationship has broken down
  • family violence against the people listed above took place in your relationship 

You can do this with different kinds of evidence.

Court documents

Provide one of the following from a court of law:

  • a court injunction under the Family Law Act 1975 against your partner
  • a court order against your partner made under a state or territory law
  • a court has convicted your partner of assault against you or your dependant(s)
  • a court has recorded a finding of guilt against your partner of assaulting you or your dependant(s)

A statutory declaration and official documents

If you can't provide a document from a court of law, complete Form 1410 - Statutory declaration for family violence claim. If the victim is a dependent child, complete the declaration for them.

Provide 2 of the following documents with the statutory declaration.

Type of evidence Includes the following detail

Medical report, hospital report, discharge summary or statutory declaration that is made by either a person who is:

  • registered as a medical practitioner and is performing the duties of a medical practitioner, or
  • registered as a nurse within the meaning of section 3 of the Health Insurance Act 1973 and is performing the duties of a registered nurse.
  • Identifies the alleged victim, and 
  • Details the physical injuries or treatment for mental health that is consistent with the claimed family violence.

Either a report, record of assault, witness statement or statutory declaration that is made by:

  • a police officer of a State or Territory
  • a police officer of the Australian Federal Police OR
  • A witness statement that is made by someone other than the alleged victim to a police officer during the course of a police investigation.

  • Identifies the alleged victim, and identifies the alleged perpetrator, and
  • Details an incident/s of family violence.  

Report or statutory declaration made by an officer of:

  • a child welfare authority, or
  • a child protection authority of a State or Territory.
  • Details fears for the dependent child's safety due to family violence within the household, and
  • Identifies the alleged perpetrator.

Letter or assessment report made by:

  • a women’s refuge, or
  • family/domestic violence crisis centre

on the organisation’s letterhead.

  • States that the alleged victim has made a claim of family violence, and
  • States whether the alleged victim was subject to family violence, and
  • Identifies the alleged perpetrator, and
  • Details any evidence used to form the opinion.

Statutory declaration made by:

  • a member of the Australian Association of Social Workers, or
  • a person who is eligible to be a member of that Association

who has provided counselling or assistance to the alleged victim while performing the duties of a social worker.

  • States in their opinion the alleged victim was subject to family violence, and
  • Details the reasons for the opinion, and
  • Identifies the alleged perpetrator.
Statutory declaration made by a registered psychologist in a State or Territory who has treated the alleged victim while performing the duties of a psychologist.

  • States in their opinion the alleged victim was subject to family violence, and 
  • Details the reasons for the opinion, and
  • Identifies the alleged perpetrator.

Statutory declaration made by a family consultant appointed under the Family Law Act 1975 or a family relationship counsellor who works at a Family Relationship Centre listed on the Australian Government Family Relationships website.

  • States that the alleged victim has been treated or counselled, by the family consultant or family relationship counsellor, and
  • States that in their opinion the alleged victim was subject to family violence, and
  • Details the reasons for the opinion, and
  • Identifies the alleged perpetrator.

Statutory declaration or a letter on the school’s letterhead made by a school counsellor or school principal in their professional capacity.

  • States that they have made, or been made aware of, observations that are consistent with the alleged victim’s claims that they were subject to family violence, and
  • Identifies the alleged perpetrator, and
  • Provides details of those observations.

We will refer to these documents when considering whether you have suffered family violence. We might refer the evidence to an independent expert for assessment.

See what to do if your situation changes.

Support for family violence victims

For professional counselling and support, contact the National Sexual Assault, Domestic and Family Violence Counselling Service. The service is available all day every day:

For an interpreter, phone TIS National on 131 450. The service is available all day, every day.

For information on Australia’s laws regarding domestic and family violence, sexual assault and forced marriage, and a woman’s right to safety, see the Department of Social Services' Family Safety Pack.

For information about services and support in Australia in many languages see Beginning a life in Australia.