People who are on a Partner visa do not have to stay in an abusive relationship to stay in Australia.
In Australia, domestic and family violence is not accepted.
A partner, family members or other people in the community cannot threaten your visa status.
If you hold a temporary Partner visa (subclass 309 or 820) or a Prospective Marriage visa (subclass 300) and experience family violence, and your relationship has ended, there are provisions in Australia’s migration laws to allow you to continue with your permanent Partner visa (subclass 100 or 801) application.
Family and domestic violence is any conduct that makes you fear for your or your family’s safety and wellbeing. Physical violence includes any violent behaviour that is directed at you, your family, pets or property.
Family and domestic violence is not acceptable under any circumstance.
Family and domestic violence can include:
- physical violence, such as:
- sexual assault
- verbal or emotional abuse
- controlling behaviour
- technology facilitated abuse
- financial abuse
- abuse of the elderly
- forced isolation or economic deprivation, including dowry-related abuse.
Family and domestic violence is a crime in Australia. You and your family members do not have to remain in a relationship where you fear for your or your family’s safety in order to stay in Australia.
When do the family violence rules apply?
You may still be granted a visa if you or a family member have experienced family violence, and your relationship has ended, and one of the following apply:
- you have married your partner while on a Prospective Marriage visa and you have applied for a Partner visa, or
- you are awaiting the outcome of your application for a temporary Partner visa, or
- you have been granted a temporary Partner visa, or
- you have entered Australia on a temporary Partner visa.
You will need to provide the Department of Home Affairs with evidence that there has been family violence.
Please contact Aus Visa Solutions to discuss your matter. We are here to assist you.