family
Family Violence
If your partner visa application is still being processed and your relationship has ended because of family violence, you may still be entitled to have your visa granted. Australian immigration law includes specific protections to ensure that no one is forced to stay in a dangerous situation just to protect their visa status.
- Urgent assistance available
- Strictly confidential
- Relationship ended due to violence
You are not alone, and you have legal protections.
If you are in immediate danger, please call 000. For immigration advice about your visa status, our team is available today — all consultations are completely confidential.
What Are the Family Violence Provisions?
Under Australian immigration law, if you hold a temporary Partner Visa (Subclass 820 or 309) and your relationship has broken down because you or a dependent child experienced family violence, you may still be eligible to receive the permanent visa (Subclass 801 or 100) — even though the relationship is no longer continuing.
These provisions exist for an important reason. Partner visa holders can be particularly vulnerable in abusive relationships because their immigration status is tied to their sponsor. The law recognises this and ensures that family violence cannot be used as a means of control.
Who Can Use These Provisions?
- Holders of a temporary Partner Visa (Subclass 820 or 309) whose relationship has ended due to family violence
- Applicants whose partner visa has not yet been decided and whose relationship has since broken down
- Dependent children who have experienced family violence from the sponsoring partner
- Violence does not need to be physical — emotional, psychological, economic and sexual abuse are all recognised under these provisions
What Evidence Is Required?
You do not need police reports or court orders to make a claim under the family violence provisions. Evidence can come from official sources or from individuals who have witnessed your situation.
Formal Evidence (Statutory Declarations from)
- Medical practitioners or hospitals
- Police (assault records, AVO/DVO)
- Courts (magistrates, family court orders)
- Government-funded counsellors
- Family violence support services
Non-Formal Evidence
- Statutory declarations from the applicant
- Declarations from witnesses (family, friends, neighbours)
- Religious or community leaders
- Documents like texts, emails, photos
- Medical or counselling records
How Amity Lawyers Can Help
A family violence visa matter requires both legal precision and personal sensitivity. Our immigration lawyers have supported many clients through this process with complete discretion and care. We will:
- Assess your visa status and eligibility promptly
- Advise you on how to gather evidence safely and in a legally sound way
- Prepare your declaration and evidence package on your behalf
- Handle all communication with the Department of Home Affairs — so you do not have to deal with them directly
- Connect you with specialist support services where needed
You do not have to navigate this alone. Contact us today for a confidential consultation.