Family Violence Provisions Of Australia’s Partner Visa

A partner visa allows the partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia.

• Offshore application: Partner Visa (Provisional) (Subclass 309) & Partner Visa (Migrant) (Subclass 100)

• Onshore application: Partner (Temporary) Visa (Subclass 820) & Partner (Residence) Visa (Subclass 801)

But what happens when a relationship terminates, and the visa is still under processing?

the law permits the visa holder to remain in Australia if:

• the sponsoring partner has died.

• there is a child or children from the relationship, & the Family Court provides the visa holder shared access, or

• there is domestic violence perpetrated against the visa holder.

The Family Violence provisions are additional grounds under the Migration Act and Regulations that allow a partner to apply for a visa on the basis of experiencing family violence.

Family violence can cover a range of behaviours including physical, sexual, emotional, psychological, or economic abuse. Family violence provisions apply to all partner visas, regardless of whether the relationship is married or de facto and whether the applicant is in Australia or overseas.