Domestic & Family Violence Partner Visa

Experiencing family violence is traumatic, especially when your visa depends on an unsafe relationship. CMI Legal helps partner visa applicants access protections under Australian migration law and continue their visa application safely.

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What Is Family & Domestic Violence under Migration Law?

Under the Migration Regulations 1994, family violence encompasses conduct that causes the visa applicant or their dependent child to reasonably fear for their safety or wellbeing. This definition extends beyond physical assault to include psychological abuse, economic control, and coercive behaviour.

The Department of Home Affairs recognises the following forms of family violence for partner visa purposes:

  • Physical violence: assault, physical intimidation, or threats of physical harm
  • Sexual abuse: any non-consensual sexual conduct or coercion
  • Emotional and psychological abuse: constant criticism, humiliation, isolation from support networks, and controlling behaviour
  • Economic abuse: controlling finances, preventing employment, or withholding money
  • Stalking and harassment: persistent unwanted contact or surveillance

Importantly, the violence does not need to have been reported to police or resulted in criminal charges. The Department assesses evidence on the balance of probabilities, meaning your claim needs to demonstrate that family violence is more likely than not to have occurred.

Can I Still Get a Partner Visa after Family Violence In Australia?

Yes. If you hold a temporary partner visa (subclass 820 or 309) and your relationship has ended due to family violence, you may still be eligible for a permanent partner visa. This provision exists because the Australian Government recognises that victims of family violence should not be forced to remain in dangerous relationships simply to maintain their visa status. The family violence provisions allow you to continue your partner visa application independently, without relying on your former partner’s ongoing sponsorship. If your claim is accepted, you may be granted a permanent partner visa (subclass 801 or 100) despite the breakdown of your relationship. In our 14 years of handling family violence partner visa claims, we have seen many clients successfully obtain permanent residency through this pathway. The key lies in understanding what evidence the Department requires and presenting your case effectively. Our team guides you through each step of this process.

Who Can Make a Family Violence Partner Visa Claim?

To make a family violence claim on your partner visa, you must meet specific eligibility criteria:

Genuine Partner Relationship

You must demonstrate that your relationship with your sponsor was genuine and ongoing before it ceased. This means you were in a committed partnership with shared life plans, regardless of how the relationship ultimately ended.

Relationship Breakdown Due to Family Violence

Your relationship must have ended because of family violence committed by your sponsor or a member of their family unit. The violence must be the reason, or a significant contributing reason, for the relationship breakdown.

Temporary Partner Visa Holders

You must currently hold a temporary partner visa (subclass 820 for onshore applicants or subclass 309 for offshore applicants). Alternatively, you may be eligible if you applied for a partner visa and your application has not yet been finally determined.

Applicants With Affected Dependent Children

If your dependent child has experienced family violence from your sponsor, this can also support your family violence claim, even if you were not the direct victim of the violence yourself.

Applicants With Recognised Evidence

You must be able to provide evidence of family violence in a form the Department accepts. This includes judicial evidence, such as court orders, or non-judicial evidence from competent persons.

NEED FAMILY VIOLENCE VISA SUPPORT?
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Our experienced family and domestic violence partner visa lawyers provide confidential, trauma‑informed advice tailored to your circumstances. Book a quick 15‑minute advice call or a comprehensive 45‑minute consultation for clear guidance on your family violence partner visa options.

Evidence of Family & Domestic Violence

The Department accepts two categories of evidence for family violence claims:

Judicial Evidence

Judicial Evidence includes court orders such as Apprehended Violence Orders (AVOs), Family Court injunctions, or convictions for violence-related offences. If you have judicial evidence, this is generally considered conclusive proof of family violence.

Non-Judicial Evidence

Non-Judicial Evidence comes from competent persons who can provide professional assessments. Competent persons include registered medical practitioners, psychologists, social workers, family consultants, and managers of crisis accommodation services. Their statements must follow specific formats prescribed by the Migration Regulations.

Many clients ask whether they need police reports or AVOs to succeed. The answer is no. While judicial evidence strengthens a claim, the Department regularly accepts non-judicial evidence from competent persons. In our experience, a well-prepared submission with appropriate professional assessments can succeed without police involvement.

Our Process to Support Your Family Violence Partner Visa Matter in Australia

At CMI Legal, we have developed a structured approach to support clients through family violence partner visa claims:

Initial Confidential Consultation

We begin with a private consultation to understand your circumstances, assess your eligibility, and explain your options clearly. This conversation remains strictly confidential.

Evidence Checklist

Once engaged, we provide you with a personalised checklist of evidence required for your specific situation, guiding you on what to gather and how to obtain supporting documentation from competent persons.

Preparation of Submissions

Our migration lawyers prepare comprehensive written submissions that address both the genuine relationship requirements and your family violence claim, ensuring all evidence is presented in the format the Department requires

Follow-Up & Support

We manage all Department correspondence, keep you informed of progress throughout the assessment period, and advise on next steps once a decision is made.

How the Family Violence Partner Visa Process Works

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Processing Times for Domestic Violence Partner Visas In Australia

Processing times for family violence partner visa claims vary depending on case complexity and Department workloads. Currently, the Department prioritises family violence claims due to the vulnerable circumstances of applicants. However, processing can still take several months from the date you submit your family violence evidence. Each case is assessed individually based on the evidence provided and the specific circumstances involved.

During this period, your bridging visa conditions generally remain in effect, allowing you to stay in Australia lawfully while your claim is being considered. Our team monitors your application status and responds promptly to any Department requests for additional information.

Why Choose CMI Legal for Your Visa Application?

Comprehensive Immigration Services

From notifying the Department and preparing family violence claims to permanent partner visa grants and Administrative Appeals Tribunal representation, we handle every stage of domestic and family violence partner visa matters under Australian migration law.

14+ Years of Immigration Expertise

Since 2011, we have successfully assisted hundreds of clients impacted by domestic and family violence to secure permanent residency through the partner visa framework. Our experience covers complex evidentiary requirements, non-judicial evidence, and sensitive family violence claims.

Registered MARA Migration Agents 

Our migration lawyers are registered with the Migration Agents Registration Authority (MARA), ensuring your family violence partner visa matter is handled ethically, professionally, and in full compliance with the Migration Act 1958.

Fixed-Fee Pricing with No Surprises

We provide clear, upfront fixed-fee pricing for domestic and family violence partner visa matters. You will know the full cost before proceeding, with no hidden fees or unexpected charges.

Sydney-Based with Australia-Wide Service

Based in Sydney, we assist clients across Australia and overseas who are making family violence partner visa claims. Consultations are available by phone and video to ensure safe and accessible legal support.

Personalised Visa
Strategy

Every family violence case is different. We develop a personalised legal strategy based on your circumstances, helping you identify the strongest evidence, prepare compliant submissions, and meet all Department requirements while prioritising your safety.

Our Partner visa Lawyers Reviews

Client Testimonials and Reviews

Max Swan profile pictureMax Swan
22:16 01 Jul 25
I’ve had an incredibly positive experience working with John & Winnie on my matter. From start to finish, they have been professional, knowledgeable, and genuinely supportive throughout what’s been a stressful time for me.

They explained every step of the process clearly, responded promptly to any questions I had, and made complicated situations feel a lot more manageable. I felt like I was in good hands the entire time, and their calm, confident approach really helped me stay grounded.

Highly recommend CMI services to anyone needing immigration or legal assistance — couldn’t be more grateful.

Thanks again!
danny profile picturedanny
11:57 26 Jun 25
As an old customer of CMI, this year is already the 8th year. Special thanks to attorney John and attorney Tina for carefully answering our various questions, providing a lot of professional advice and help, allowing us to easily complete each transaction.
Vivien Lu profile pictureVivien Lu
01:39 23 May 25
Tina was a great lawyer - she was always incredibly knowledgeable, answered all questions promptly, and very friendly. Would recommend Tina!
Zhiyi LI profile pictureZhiyi LI
04:58 14 Mar 25
Jeremy Tong profile pictureJeremy Tong
22:32 20 Sep 24
Tina was a great help in guiding us through our first home buying experience. She gave us a lot of great explanations and advice from initial discussion of the process through every step until successful settlement. Communication and resolution of issues was prompt and professional.
Yun Jung Hsieh profile pictureYun Jung Hsieh
05:56 12 Aug 24
Tina is a fantastic lawyer. her responses to my queries were thorough and timely, and impeccable organizational skills! Truly appreciated her clear and consistent communcation througout the entire property-purchasing process. she handled everything with profressionalism and expertise, making what could have been a stressful experience much smoother. Highly recommend!
Jeena Jung profile pictureJeena Jung
05:04 06 Aug 24
We had the pleasure of working with Tina as our solicitor for our first home purchase, and we couldn’t have been in better hands. She carefully explained every step of the process, guiding us through what initially felt overwhelming and unfamiliar. Buying off the plan made us particularly cautious, especially when it came to reviewing legal documents. Tina’s meticulous approach put us at ease—she ensured we both clearly understood each aspect, taking the time to highlight and reorganise information to make it more accessible. Her dedication and professionalism made the entire experience far less daunting, and we’re truly grateful for her support.
Keyu Jiang profile pictureKeyu Jiang
10:03 05 Aug 24
John and Tina have provided great professional legal service since 2017 for me.
Ian Pereira profile pictureIan Pereira
09:18 04 Jul 24
I realised that I hadn’t left a review for my dealings with CMI legal. I had dealt with them a few months ago, but an epiphany made me come and leave a review.

5 stars is insufficient to express their work. We were working Dee and she is an amazing and thorough professional. She goes above and beyond and explains matters that makes you understand things really well. Thank you Dee for your amazing work.

FAQs About Immigration Law Services

Family violence includes physical assault, sexual abuse, emotional and psychological abuse, economic abuse, stalking, and any conduct causing you to reasonably fear for your safety. The violence must have been committed by your sponsor or a member of their family unit.

You need either judicial evidence (court orders, AVOs, convictions) or non-judicial evidence from competent persons such as doctors, psychologists, or social workers. Statutory declarations and supporting documents strengthen your claim and provide context.

Yes. If your family violence claim succeeds and you are granted a permanent partner visa, your dependent children included in the application are also granted permanent visas.

While not legally required, professional assistance significantly improves your chances of success. Migration lawyers understand evidentiary requirements and can present your case most effectively.

You can still succeed without police reports or AVOs. Non-judicial evidence from competent persons is accepted. Many successful claims rely entirely on professional assessments from doctors, psychologists, or social workers.

If you hold a bridging visa because your partner visa application is still being processed, you may be eligible to make a family violence claim. Your eligibility depends on the status of your underlying partner visa application.

If your family violence claim is refused, you may have the right to seek review at the Administrative Appeals Tribunal. Time limits apply, so seek advice immediately if your claim is refused.

The Department may contact your former sponsor during the assessment process. However, they handle family violence claims with sensitivity and have procedures to protect applicants from further harm.

Yes. Psychological and emotional abuse is recognised under Australian migration law. A psychologist's assessment can provide evidence of the abuse and its impact on your mental health and well-being.

Non-judicial evidence is a category of evidence, while a competent person refers to who provides it. Competent persons are specific professionals authorised under migration law to give evidence of family violence, including doctors, psychologists, and social workers.

The family violence provisions apply when the relationship has ended. If you are still in the relationship, you would continue your standard partner visa application process. Safety should always be your priority.

Your work rights depend on your current visa conditions. Most bridging visas associated with partner visa applications include full work rights. We can advise on your specific situation during your consultation.

You may be able to appeal to the Administrative Appeals Tribunal for a merits review of the decision. Strict time limits apply. Contact us immediately if you receive a refusal decision so we can assess your appeal options and advise on next steps.

Meet Our Experienced Legal Team of Migration Lawyers