{"id":2400,"date":"2023-09-11T17:47:42","date_gmt":"2023-09-11T07:47:42","guid":{"rendered":"https:\/\/chuatan.com.au\/?p=2400"},"modified":"2026-11-04T20:14:58","modified_gmt":"2026-11-04T09:14:58","slug":"family-violence-and-how-it-can-affect-your-visa","status":"publish","type":"post","link":"https:\/\/chuatan.com.au\/zh-hant\/family-violence-and-how-it-can-affect-your-visa\/","title":{"rendered":"Family Violence and Your Visa: Character Risks and the Family Violence Provisions"},"content":{"rendered":"

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<\/a>, 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.<\/p>\n

The legal framework<\/h2>\n

The relevant laws are the Migration Act 1958<\/em> (Cth), in particular the character provisions in section 501, and the Migration Regulations 1994<\/em> (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<\/em> (Vic).<\/p>\n

Where the visa holder is alleged to have committed family violence<\/h2>\n

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.<\/p>\n

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.<\/p>\n

Where the visa applicant is a victim of family violence<\/h2>\n

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<\/a>. 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<\/a>.<\/p>\n

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.<\/p>\n

Practical steps<\/h2>\n
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  1. If you are in danger, contact Victoria Police on 000.<\/li>\n
  2. Keep a record of incidents, messages and medical or counselling attendances.<\/li>\n
  3. Seek advice before your current visa expires or before telling the Department that the relationship has ended.<\/li>\n
  4. Notify the Department of the change in circumstances in the required way, with supporting evidence.<\/li>\n<\/ol>\n

    Common issues<\/h2>\n