If you are in danger now, please call 000 immediately. Victorian 24-hour domestic violence support hotline Safe Steps: 1800 015 188; National hotline 1800RESPECT: 1800 737 732; Chinese interpretation TIS: 131 450.
“If I leave him, my visa will be revoked.” This is one of the most common concerns we hear in the Chinese community. Many people with partner visas or as co-applicants stay in abusive relationships for fear of losing their visas. In fact, Australian immigration law has “Family Violence Provisions” that, if met, allow the relationship to continue applying for permanent residency after the domestic violence has ended. This article outlines the basic content of these provisions, as well as other impacts of domestic violence on visas.
Partner visa applicants
Generally, applicants for a partner visa must maintain a genuine relationship with the sponsor in order to obtain permanent residence. However, if the relationship ends and the applicant (or their family) suffers domestic violence from the sponsor, the applicant may still be granted a visa under the domestic violence provisions. The main requirements include:
- The relationship between the two parties was genuine and lasting before it ended.
- The applicant or their family members have suffered domestic violence perpetrated by the guarantor.
- Generally, you must be in Australia.
Starting July 1, 2024, these provisions will be extended to a broader group of partner visa applicants.
Sub-applicants for technical immigration and other permanent residence visas
Previously, if the co-applicant (e.g., the spouse of the primary applicant) separated from the primary applicant due to domestic violence, they would lose eligibility as no longer being a “family member.” Starting October 15, 2024 and December 17, the domestic violence provisions were expanded to include multiple technical immigrant, business, and parent permanent residence visa co-applicants. If the domestic violence was committed by the primary applicant, the co-applicant can still be approved individually if eligible.
Please note: In addition to the partner visa, these provisions generally apply only to cases of domestic violence committed by the primary applicant, and not to cases of domestic violence committed by a guarantor. The specific requirements for each visa category vary and must be assessed on a case-by-case basis.
What evidence do we need?
The applicant must provide evidence of domestic violence to the immigration authorities, such as:
- Court issued restraining order against domestic violence
- Police reports or statements
- Medical reports, guidance or support agency records
- Relevant criminal convictions
- Statutory declaration
The immigration authorities sometimes refer cases to independent experts for evaluation. Injunctions are often one of the important evidence, so the timing and method of applying for an injunction must be considered in conjunction with visa issues.
If you are the applicant
The restraining order itself is a civil order, not a criminal conviction. However, violating the restraining order or a criminal conviction related to domestic violence may affect the visa’s character assessment and, in serious cases, may result in the visa being denied or revoked. If you hold a temporary visa and receive a restraining order or a security notice, you should consult with a family law and immigration lawyer before deciding whether to consent to the order.
Common misconceptions
- “If you leave, you will be sent back.” Not necessarily. If the criteria for domestic violence are met, the visa application can continue.
- “If you’re not hurt, it doesn’t count as domestic violence.” No, threats, control, economic abuse, and psychological abuse can all constitute domestic violence.
- “Calling the police will affect my visa.” Reporting the incident as a victim will not affect your visa; on the contrary, the report may serve as evidence.
The help we can provide
Chua Tan Associates has an Accredited Specialist in Immigration Law, for example: Chit Thian Chua As a lawyer, you can work with our family law team to handle cases involving domestic violence, separation, and visas. We can communicate in Mandarin, Cantonese, and English. For inquiries, please call (03) 9602 3988 or email us at This website to contact us.
This article is for general informational purposes only and does not constitute legal advice or immigration recommendations. Immigration laws change frequently; for specific information, please consult an attorney. The content of this article is current as of October 2026.
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If you are in danger, call 000. Safe Steps (24/7, Victoria): 1800 015 188. 1800RESPECT: 1800 737 732. Interpreter (TIS): 131 450.
“If I leave him, I lose my visa.” This is one of the fears we hear most often in the Chinese community. Many partner visa applicants and secondary applicants stay in violent relationships because of it. In fact, Australian migration law contains Family Violence Provisions that can allow a person to continue towards permanent residence after a relationship ends due to family violence. This article outlines how they work and how family violence can affect visas in other ways.
Partner visa applicants
A partner visa applicant normally needs to remain in a genuine relationship with their sponsor to be granted permanent residence. But if the relationship ends and the applicant (or a member of their family) has experienced family violence by the sponsor, the applicant may still be granted the visa under the Family Violence Provisions. The main requirements are that the relationship was genuine and continuing before it ended, that family violence by the sponsor occurred, and generally that the applicant is in Australia.
From 1 July 2024, the provisions were extended to additional groups of partner visa applicants.
Secondary applicants for skilled and other permanent visas
Previously, a secondary applicant (for example, the primary applicant’s spouse) who separated due to domestic violence would cease to be a member of the family unit and lose eligibility. From October 15, 2024, and December 17, 2024, the provisions were extended to secondary applicants for a range of permanent skilled, business, and parent visas. Where the primary applicant committed the violence, the secondary applicant may be granted the visa on their own behalf.
For outside partner visas, the provisions generally apply only where the primary applicant is the perpetrator, not the sponsor. The rules vary by subclass and require individual assessment.
What evidence is needed?
Applicants must provide evidence of the domestic violence, which may include court orders such as an FVIO, police reports or statements, medical, counselling or support service records, relevant convictions, and statutory declarations. The Department may refer a case to an independent expert. Because an FVIO is often key evidence, decisions about separation and applying for an order should take the visa position into account.
If you are the respondent
An FVIO is a civil order, not a conviction. But a conviction for breaching an order or for a family violence offence can affect the character assessment for a visa and, in serious cases, lead to refusal or cancellation. If you hold a temporary visa and have been served with an FVIO or safety notice, seek advice on both family law and migration before deciding whether to consent.
Common Misunderstandings
- “If I leave, I’ll be deported.” Not necessarily. If the Family Violence Provisions apply, the application can continue.
- “It isn’t violence if I wasn’t injured.” Incorrect. Threats, control, economic abuse, and emotional abuse can all be forms of domestic violence.
- “Calling the police will hurt my visa.” Reporting as a victim does not harm your visa, and the police record may become evidence.
How we can help
Chua Tan Associates has Accredited Specialists in Immigration Law, including Chit Thian Chua, We work with our family law team on matters involving family violence, separation and visas together. We work in English, Mandarin and Cantonese. Call (03) 9602 3988 or Contact us here.
This article is general information only and is not legal or migration advice. Migration laws change frequently; please obtain advice on your own circumstances. Current as of October 2026.
Talk to a lawyer about your situation
Book a 30-minute paid consultation in English, Mandarin or Cantonese, in person in Melbourne or by video from anywhere in the world. If you go ahead and instruct us, the consultation fee is credited to your first invoice.
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