On 17 July 2026, the Migration Institute of Australia circulated a Department of Home Affairs policy response relating to the application of family violence provisions for Partner visa applicants.

The response provides useful clarification for temporary Partner visa holders who have experienced family violence and whose relationship with their sponsoring partner has ended.

Importantly, the family violence provisions are not new. They form part of Australia’s existing migration framework and may allow an eligible Partner visa applicant to continue towards permanent residence after their relationship has ended.

How the Subclass 820 and 801 Partner Visas Work

Applicants generally apply for the Subclass 820 temporary Partner visa and the Subclass 801 permanent Partner visa together through a combined application.

The Subclass 820 visa is usually decided first and generally allows the applicant to remain in Australia while the permanent Subclass 801 stage is being assessed.

Ordinarily, an applicant must continue to meet the relationship requirements before the permanent visa can be granted. However, exceptions may apply where the relationship has ended because of certain circumstances, including family violence.

What Are the Family Violence Provisions?

Under the Migration Regulations 1994, an eligible Partner visa applicant may still be considered for permanent residence after their relationship with the sponsoring partner has ended if the relevant family violence requirements are met.

For a Subclass 820 or 801 Partner visa application, the applicant generally needs to establish that:

• the relationship with the former sponsoring partner was genuine before it ended;
• the relationship has ended;
• at least some of the alleged family violence occurred while the relationship existed; and
• the alleged perpetrator was the former sponsoring partner.

These provisions recognise that a visa applicant should not be required to remain in an abusive relationship simply to protect their immigration status.

What Evidence Can Be Used?

Applicants may rely on either judicial or non-judicial evidence to support a family violence claim.

Judicial evidence may include certain court orders, injunctions or criminal findings relating to family violence.

An applicant does not necessarily need to have reported the violence to police or obtained a final court order. Non-judicial evidence may also be accepted, provided it meets the prescribed requirements.

This may include qualifying evidence from registered professionals or relevant organisations, such as:

• medical practitioners;
• registered nurses;
• psychologists;
• social workers;
• family violence support services; or
• other prescribed professionals.

Non-judicial claims commonly require at least two qualifying pieces of evidence from permitted categories, together with a Commonwealth statutory declaration completed by the applicant.

A general support letter or personal statement may not be sufficient unless it meets the required legal form and evidentiary criteria.

What Happens if the Department Is Not Satisfied?

The Department will first consider whether the former relationship was genuine and whether the submitted evidence establishes that family violence occurred.

If the Department is not satisfied on the available evidence, the family violence claim may be referred to an independent expert for assessment.

The Department must accept the independent expert’s opinion on whether the applicant experienced family violence. However, the applicant must still satisfy the other relevant visa requirements.

Who May Be Affected?

The provisions may be relevant to a Subclass 820 visa holder who:

• is currently experiencing family violence;
• has recently left an abusive relationship;
• is no longer in a relationship with their sponsoring partner; or
• is waiting for a decision on the Subclass 801 permanent visa stage.

The end of a relationship does not automatically mean that the permanent Partner visa pathway has been lost.

However, eligibility depends on the applicant’s individual circumstances, the timing of the relationship breakdown and whether the evidence meets the prescribed requirements.

Practical Steps for Affected Visa Holders

Do not withdraw your Partner visa application without legal advice

Withdrawing the application may prevent the Department from considering eligibility under the family violence provisions.

Applicants should obtain advice before withdrawing, cancelling or making any major change to their visa application.

Notify the Department of the relationship breakdown

Applicants must inform the Department when their relationship circumstances change.

Where appropriate, applicants should also take steps to protect their ImmiAccount, email account and personal documents from unauthorised access.

Gather evidence as early as possible

Evidence may include medical records, reports from support services, statutory declarations, court documents, police records or other prescribed evidence.

The evidence must meet specific legal and procedural requirements, so collecting documents without understanding those requirements may not be enough.

Obtain advice based on your circumstances

Family violence claims can involve complex questions about immigration status, evidence, relationship history and personal safety.

Applicants should seek advice from a registered migration agent or Australian legal practitioner before making decisions that may affect their visa pathway.

Key Takeaways

The Department’s July 2026 policy response provides further clarification on how the existing family violence provisions may apply to Partner visa applicants.

A Subclass 820 visa holder whose relationship has ended may still be eligible for the Subclass 801 permanent Partner visa where the relevant family violence requirements are satisfied.

Applicants do not necessarily need a police report or final court order, as prescribed non-judicial evidence may also be accepted.

If the Department cannot determine that family violence occurred from the submitted evidence, the claim may be referred to an independent expert whose opinion on the family violence claim must be accepted.

Most importantly, applicants should not withdraw their Partner visa application or make significant changes without first obtaining professional advice.

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

For partner and family visa matters, we recommend speaking with Shirly Wang, our lawyer specialising in partner and family migration pathways. Book a consultation to discuss your circumstances.

Stay Informed on Australian Immigration Law

• YouTube: Johnny Kong | Migration Lawyer
• Instagram: @johnny_migrationlawyer
• Facebook: Riverwood Migration
• TikTok: @johnny_migrationlawyer
• Linktree: linktr.ee/johnny_lawyer