Domestic and Family Violence and Your Visa: What Temporary Visa Holders Need to Know

Domestic and family violence (DFV) is a crime in Australia and is not acceptable under any circumstances. If you are a temporary visa holder experiencing DFV, your immigration status should not prevent you from seeking safety, support and professional advice.

The Australian Government provides support services for eligible visa holders experiencing domestic and family violence. In addition, some visa pathways include specific protections under Australia’s migration framework to assist eligible applicants affected by DFV.

What Is Domestic and Family Violence?

Domestic and family violence refers to behaviour that causes a person to fear for their safety or the safety of their family. It may involve physical, emotional, financial, psychological or other forms of abuse.

DFV can affect not only the person experiencing the violence, but also children, other family members, pets or property. Australian law recognises a broad range of abusive behaviours, and all forms of DFV are taken seriously.

The Leaving Violence Program: Financial Support Up to $5,000

The Australian Government funds the Leaving Violence Program (LVP), which provides practical support to eligible people who are leaving, or preparing to leave, a violent relationship.

Eligible temporary visa holders may be able to receive financial assistance of up to $5,000 to help cover essential costs associated with leaving a violent situation, such as accommodation, transport, safety-related expenses and household essentials.

The program is delivered through approved service providers across Australia. Eligibility is assessed on an individual basis and may depend on factors including the person’s safety situation, financial circumstances and changes to their living arrangements.

You do not need to hold a permanent visa to be considered for support.

Who Is Affected: Visa Holders at Risk

DFV situations can be particularly complex for temporary visa holders, especially where their visa application or pathway is connected to a partner or family member.

Leaving a relationship may raise concerns about visa status, sponsorship arrangements and the ability to remain lawfully in Australia. However, experiencing DFV does not mean you have no options. There may be legal pathways available depending on your visa type and individual circumstances.

Temporary visa holders commonly affected include:

• Partner visa applicants (subclasses 820 and 309), including applicants waiting for the permanent stage
• Prospective Marriage visa holders (subclass 300)
• Certain dependent visa holders linked to a family member’s visa application
• Other temporary visa holders who may have relationship-related visa concerns

Visa Protections Under the DFV Framework

Australia’s migration framework includes specific provisions designed to support eligible visa applicants affected by domestic and family violence.

In certain circumstances, a person may be able to:

• Continue their Partner visa application under the family violence provisions without ongoing involvement from the sponsoring partner
• Provide evidence of DFV as part of their visa application assessment
• Seek advice about other visa options that may be available based on their personal circumstances

Evidence of DFV may include:

• Statutory declarations
• Court orders
• Police reports
• Medical records
• Statements from qualified professionals, such as social workers, counsellors or medical practitioners

The type of evidence required depends on the circumstances of each case.

Immediate Support Services

If you are in immediate danger, call 000.

For free and confidential support, counselling and referrals, contact:

1800RESPECT
Phone: 1800 737 732

Interpreting services are available through TIS National by calling:

131 450

These services are free and available 24 hours a day.

Practical Steps for Visa Holders Experiencing DFV

If you are experiencing domestic and family violence:

1. Prioritise your immediate safety. Call 000 if you are in danger.
2. Contact 1800RESPECT for confidential support and information about available services.
3. Speak with an approved Leaving Violence Program provider to understand whether you may be eligible for financial assistance.
4. Seek advice from a registered migration lawyer as soon as it is safe to do so. Your visa options may be more protected than you realise.
5. Keep relevant evidence of DFV where it is safe to do so, including messages, medical records, police reports or other supporting documents.

Key Takeaways

• Domestic and family violence is a crime in Australia, and everyone has the right to seek safety and support regardless of their visa status.
• The Leaving Violence Program may provide eligible temporary visa holders with financial assistance of up to $5,000.
• Certain Partner visa applicants may be able to continue their visa application under the family violence provisions without relying on their sponsor.
• Free interpreting services are available through TIS National on 131 450.
• A registered migration lawyer can help you understand your visa options and protect your interests while you seek safety.

The content of this article is intended for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. The information provided may not reflect the most current legal developments. For advice specific to your circumstances, please consult a registered Australian migration lawyer. For full terms governing use of this website and its content, please refer to our Website Terms and Conditions.

Speak with a Riverwood Migration Lawyer

As a regulated Australian migration law practice, Riverwood Migration provides precise, personalised advice on visa strategy, compliance, and application preparation. Speak with our expert legal team. Book a consultation to discuss your circumstances.

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