Introduction
If you have
- applied for a partner visa, or
- applied for an eligible permanent visa as a secondary applicant, and
- experienced domestic or family violence in Australia from your partner,
you may still be able to get a permanent visa under the ‘family violence provisions’.
If your relationship ends or you want to leave your partner before you get a permanent visa, get legal advice as soon as possible. If you are experiencing domestic and family violence, Legal Aid NSW can help.
What are the family violence provisions?
In immigration matters, family violence provisions protect people on certain visas, like partner visas, from being forced to remain in abusive relationships while waiting to get a permanent visa. They allow victims of domestic and family violence to get help and potentially gain permanent residency without relying on their abuser.
The family violence provisions mean that you may be able to stay in Australia on a permanent visa if:
- you have applied for or currently hold an eligible visa
- you have experienced family violence
- the perpetrator of family violence was your partner or spouse
- the family violence, or part of it, occurred during your relationship with this person, and
- you are no longer in a relationship with this person.
What visa types do the family violence provisions apply to?
The family violence provisions apply to all primary and secondary applicants for the following visas:
- Prospective Marriage (300)
- Onshore Partner visa (820/801)
- Offshore Partner visa (309/100)
- Dependent visa (445)
The family violence provisions apply to all secondary applicants for the following visas:
- Carer (116/836)
- Remaining Relative (835)
- All parent visas (103, 143, 804, 864)
- Pacific Engagement Visa (192)
- Employer Nomination Scheme (186)
- Regional Sponsored Migration Scheme (187)
- Skilled – Independent (189)
- Skilled – Nominated (190)
- Skilled Regional (887)
- Permanent Residence – Skilled Regional (191)
- Global Talent (858)
- Business Talent (132)
- Business Innovation and Investment (PR) (888)
What if I have a different visa type?
You may have other options. See the Where can I get help? section below.
The Immigration Team is a state-wide specialist team of lawyers and case workers who can advise you about the family violence provisions, help you tell Immigration about the change in your circumstances and help you collect your evidence. They can advise you of other visa options if the family violence provisions don’t apply to you.
Call the Legal Aid NSW Immigration Team on (02) 9219 5790.
The Domestic Violence Unit (DVU) is a state-wide specialist team of lawyers, case workers, mental health workers and financial counsellors who work together to help clients who have experienced domestic and family violence with their legal and other needs. The DVU provides legal advice and assistance in relation to family law including parenting, financial and divorce matters, child protection, ADVO and DFV-related issues.
Call the Legal Aid NSW Domestic Violence Unit on 1800 979 529.
If you need an interpreter, call the Translating and Interpreting Service (TIS National) on 131 450 (9am–5pm).
LawAccess NSW is a free legal information service run by Legal Aid NSW. Anyone who has a legal problem in NSW can contact LawAccess NSW for legal help.
To contact LawAccess NSW, start a web chat or call 1300 888 529 between 9am and 5pm, Monday to Friday (excluding public holidays).
More information
See the Are you on a temporary visa? Have you been hurt or harmed by your partner? publication, available in English, Arabic, Congolese Swahili, Dari/Farsi, Bengali, Hindi, Spanish, Chinese, Indonesian, Korean, Somali, Tagalog/Filipino Thai, Vietnamese.
Download
You can download this factsheet as a PDF in English.
Updated June 2025