Visas and family violence
If you’re experiencing family violence, you do not have to stay in your relationship to stay in Australia.
Your visa won’t be automatically cancelled if you tell someone what’s happening, and there are services that can support you.
How visas and family law connect
Your visa and your family situation can affect each other. For example:
- your visa may depend on your relationship
- separating may affect your visa
- parenting arrangements may affect travel or relocation
- family violence may affect your visa options
It can help to speak with a lawyer before you make a decision about:
- leaving your relationship
- travelling with children
- making decisions about relocation
A migration lawyer can talk with you about what feels safe and help you understand your options.
If you are in an unsafe relationship
Your safety is the priority.
You do not need to stay in an unsafe situation because of your visa.
You do not have to stay in your relationship to stay in Australia.
Your visa will not be automatically cancelled if you tell someone about your experience.
You can get help from services.
Temporary visa holders experiencing family violence may be eligible for a support payment from The Leaving Violence Program.
Once you are safe, you should talk to a migration lawyer about your visa options.
What if my partner tries to cancel my visa?
Your partner cannot cancel your visa.
If your partner tells the Australian Government that your relationship has ended, a government representative will contact you to get more information about what has happened before cancelling or refusing your visa.
Only the Minister for Immigration or their delegate has the power to cancel visas.
It is important that the Department of Home Affairs has your most recent contact details.
If you have experienced family violence and left your relationship, you can update your contact details with the Department of Home Affair's Domestic and Family Violence Unit.
If your relationship has ended
If your relationship has changed or ended, this can affect your visa.
What happens to your visa depends on your situation.
In some cases, you may be able to stay in Australia even if your relationship has ended, including if:
- you have experienced family violence
- you have children with your partner
- your relationship met certain requirements before it ended
The rules can be complex, and your options will depend on your visa type and circumstances.
Do I need to tell the Government my relationship has ended?
Yes. If you have a visa application that is still being processed, you must tell the Home Affairs Department that there has been a change in your relationship status, including your relationship ending.
You should seek advice and help from a migration lawyer or agent before notifying the Home Affairs Department of any changes.
What happens to my partner visa application if I break up?
If you have applied for a partner visa, you may still be eligible to be granted a permanent partner visa if you can show that:
- you and your visa sponsor were in a genuine relationship
- you and/or your family experienced family violence during your relationship
- you have children with your sponsor
- your sponsor has died
There are strict rules and timeframes to provide information about your relationship changes to the Department of Home Affairs.
You should seek advice and help from a migration lawyer or agent.
What if I am on a non-partner visa?
If your relationship has ended or broken down due to family violence, seek advice from a migration lawyer or migration agent as soon as possible.
If you have applied for a visa other than a partner visa, you may still be eligible to be granted a permanent partner visa if you can show that you and your visa sponsor were in a genuine relationship; and
- You and/or your family experienced family violence during your relationship; or
- You have children with your sponsor; or
- Your sponsor has died.
Your other options might include leaving Australia, applying for another temporary visa or applying for a permanent visa.
Everyone’s situation is different so it’s important you get advice about your situation.
What if I don't know what visa I am on?
If you don’t know what visa you are on, you should speak to a migration lawyer or agent. They will be able to help you find out.
The migration lawyer or agent might ask you for your passport or visa details to confirm your current visa status. Any documents you have about your travel to Australia will be important if you can safely access them.
What if my partner tells police that I am abusive?
If the police or the person using violence is asking a court for a Family Violence Intervention Order that names you as the person using violence, speak to a family violence lawyer as soon as possible.
You should also seek advice from a migration lawyer or agent about how this might impact your visa.
Parenting, children and travel
If you have children, family law decisions will focus on their safety and wellbeing. This may include:
- where children live
- time with each parent
- decisions about travel, including overseas travel
Can I take my children overseas?
Sometimes — but not always. You may need:
- agreement from the other parent
- court orders that allow travel
Taking children overseas without agreement or orders can have serious legal consequences.
It is important to get advice before making travel plans.