Family violence affects migration matters in two distinct ways. A visa holder who commits family violence may have a visa refused or cancelled on character grounds, and family violence is given particular weight in those decisions. Conversely, a person who suffers family violence from a partner or family member may be able to continue a visa application even though the relationship has ended, under the family violence provisions of the migration regulations. Both situations require early and careful advice, and the evidence used in family violence proceedings in Victoria is often relevant to the migration outcome.
The legal framework
The relevant laws are the Migration Act 1958 (Cth), in particular the character provisions in section 501, and the Immigration Regulations 1994 (Cth), which contain the family violence provisions in Division 1.5. In Victoria, family violence intervention orders are made under the Family Violence Protection Act 2008 (Vic).
Where the visa holder is alleged to have committed family violence
A conviction for a family violence offence may cause a person to fail the character test, particularly where the sentence brings the person within the definition of a substantial criminal record. Even without a conviction, conduct may be relevant to whether the person is of good character or poses a risk to the community.
When deciding whether to refuse or cancel a visa, decision makers must follow the Ministerial direction made under section 499 of the Migration Act. Under Direction No. 110, whether the conduct constituted family violence is a primary consideration. Direction No. 123, which applies to decisions made on or after 31 October 2026, has been reported to broaden the treatment of family violence and to weigh it more heavily. Respondents to intervention order applications should therefore take advice before consenting to an order or making admissions.
Where the visa applicant is a victim of family violence
The family violence provisions allow certain applicants to continue towards permanent residence when the relationship with the sponsoring partner, or the primary applicant, has ended because of family violence. They apply most commonly to onshore partner visa applicants. In 2024 the provisions were extended to holders of Prospective Marriage visas and to secondary applicants for a range of other permanent visas, including certain parent, carer, remaining relative and business visas.
To rely on the provisions, the applicant must show that the relationship was genuine and that family violence occurred. Family violence may be established by judicial evidence, such as a final intervention order or a conviction, or by other evidence of the kinds specified in the regulations. Applicants do not need to have reported the violence to police to rely on the provisions, although evidence must still satisfy the regulations.
Practical steps
- If you are in danger, contact Victoria Police on 000.
- Keep a record of incidents, messages and medical or counselling attendances.
- Seek advice before your current visa expires or before telling the Department that the relationship has ended.
- Notify the Department of the change in circumstances in the required way, with supporting evidence.
Common issues
- Applicants sometimes withdraw a partner visa application under pressure from the sponsor. Withdrawal may be irreversible.
- Consent intervention orders made without admissions may still be relevant to a later character assessment.
- The Department may test whether the relationship was genuine from the outset.
Documents and evidence
- Intervention orders, police reports and court outcomes.
- Reports from medical practitioners, psychologists, social workers or family violence services.
- Evidence of the relationship, such as joint finances and correspondence.
- Statements from witnesses.
How we can help
We advise victims of family violence on preserving their visa pathway, prepare evidence under the family violence provisions, and advise visa holders facing allegations about the migration consequences of intervention order and criminal proceedings. Two of the firm’s lawyers are Accredited Specialists in Immigration Law (Law Institute of Victoria). Our advice is confidential, and we act in English, Mandarin and Cantonese.
Frequently asked questions
Can I stay in Australia if my partner visa sponsor is violent and the relationship ends?
Possibly. The family violence provisions in Division 1.5 of the Migration Regulations 1994 (Cth) allow certain applicants to continue towards permanent residence when the relationship with the sponsoring partner has ended because of family violence. They apply most commonly to onshore partner visa applicants, and since 2024 extend to Prospective Marriage visa holders and some secondary applicants for other permanent visas.
What evidence do I need to use the family violence provisions?
The applicant must show that the relationship was genuine and that family violence occurred. Family violence may be established by judicial evidence, such as a final intervention order or a conviction, or by other evidence of the kinds specified in the regulations, such as reports from medical practitioners, psychologists, social workers or family violence services. Reporting to police is not required.
Can a family violence intervention order affect my visa?
Yes, it can. A conviction for a family violence offence may cause a person to fail the character test, and even without a conviction, conduct may be relevant to whether the person is of good character. Consent intervention orders made without admissions may still be relevant later, so respondents should take advice before consenting to an order or making admissions.
Should I withdraw my partner visa application if my sponsor asks me to?
Not without advice. Applicants sometimes withdraw a partner visa application under pressure from the sponsor, and withdrawal may be irreversible. A person experiencing family violence should seek advice before the current visa expires or before telling the Department that the relationship has ended, and anyone in danger should contact Victoria Police on 000.
Chua Tan Associates is a Melbourne-based law firm established in 1990, representing clients in Australia and overseas in English, Mandarin and Cantonese. To arrange a confidential consultation, please contact our office on +61 3 9602 3988 or at chuatan@tpg.com.au. This article provides general information only and does not constitute legal advice.
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