(Subclass 820/801, 309/100 and 300)

Summary

Overview

If your relationship with your sponsor has broken down due to family violence, you may still be able to continue your visa application.

For most partner visas, applicants must be in a genuine and continuing relationship with their sponsor at the time a decision is made. However, an exception applies where the relationship has ended because of family violence.

Advising the Department

If your relationship has ended, the Department of Home Affairs should be notified. This is generally done through your ImmiAccount.

Seek legal advice before notifying the Department, particularly if you intend to rely on the family violence provisions.

When notifying the Department, you may be asked to provide:

The timing and content of any notification can be important and may affect how your application is assessed.

What are the family violence provisions?

The family violence provisions in the Migration Regulations allow certain visa applicants to continue their application even after their relationship has ended due to family violence.

These provisions are intended to ensure that a person is not required to remain in an abusive relationship to maintain their visa status.

You may still be eligible for a permanent visa if:

This means that even if your sponsor withdraws their support, you may still be able to proceed with your application.

Further information is available on the Department of Home Affairs' family violence provisions webpage.

Important warning about AI and online information

Information obtained from artificial intelligence (AI) tools such as ChatGPT or general online sources is no substitute for legal advice and may be inaccurate, incomplete, or not applicable to your circumstances.

Migration law is complex and highly dependent on individual circumstances and evidence. Relying on this type of information may negatively impact your visa application.

You should not make decisions about your visa based solely on AI-generated or general online information.

Seek legal advice

You should seek independent legal advice as soon as possible.

Advice should be:

A qualified migration lawyer or registered migration agent can guide you through the process and help you understand your options.