Family Violence and Visa application FAQs in Australia


What is family and domestic violence?


Family and domestic violence is any conduct that makes you fear for your or your family’s safety and wellbeing. Physical violence includes any violent behaviour that is directed at you, your family, pets or property.   


Family and domestic violence can include:

  • physical violence, such as:

o punching

o hitting

o kicking

o pushing

o choking

  • sexual assault
  • verbal or emotional abuse
  • controlling behaviour
  • stalking
  • technology facilitated abuse
  • financial abuse
  • abuse of the elderly
  • forced isolation or economic deprivation, including dowry-related abuse.


How No Borders Migration can help?


It is important that visa applicants or holders know there may be a way to leave an abusive partner without losing their visa status, and it also opens a possibility for a faster pathway to permanent residency.


If you have applied for one of the visas listed in the following group, you may be eligible to apply the permanent residency in Australia despite the breakdown of your relationship with your partner:

  • Partner visa (subclass 100)
  • Partner visa (subclass 801)
  • Partner visa (subclass 820)


No Borders Migration provides legal advice and assistance to people who are no longer in a relationship with their sponsor for a partner visa and have experienced family violence, have a child of the relationship, or when the sponsoring partner has died.


If you think that we might be able to help you, you can book an appointment with us to receive free legal advice by calling 07 3876 4000. If you are a victim of domestic and family violence, you do not have stay in your relationship or marriage. You can apply to stay in Australia on your own.


Are you experiencing Domestics Violence?


In emergency or life-threatening situation, call the Police on 000.


If you are not in a life-threatening emergency, you can ask the police or your local court about getting a protection order to protect yourself and your family. The type of protection order you apply for depends on which state and territory you are in and may be called a Domestic Violence Order, Family Violence Order, Restraint Order, Personal Protection Order, Intervention Order, Apprehended Violence order or Family Violence Intervention Order.


If you are experiencing family and domestic violence, you can contact a range of family and domestic violence support agencies in your local area. For a list of support services visit the Department’s website


For professional counselling and support you can contact the National Sexual Assault, Domestic Family violence Counselling Service. The service is free and available all day every day at or by phoning 1800RESPECT (1800 737 732). Call domestic violence helpline 24/7 to escape violence. Womensline 1800 811 811, Mensline 1800 600 636 Sexual Assault Helpline 1800 010 120.


For other counselling and support you can also contact Lifeline by visiting or by phoning 13 11 44.


For legal information and assistance, you can contact Family Violence Law Help by visiting or by phoning 1800 737 732 (24 hours, 7 days).


If you need an interpreter you can contact the Translating and Interpreting Service (TIS National) by visiting or by phoning 131 450 (24 hours, 7 days).


Domestic Violence and Visa FAQs


Will I lose my visa if I separate from my partner due to family and domestic violence?


No, you and your family members do not have to remain in a violent relationship to stay in Australia. The Migration Act (1958) says that if the marriage or relationship breaks down because of domestic or family violence, the victim (the person who is being abused) can still apply for permanent residency in Australia. There is a possible pathway for faster outcome.


No Borders Migration is expert in migration law and family law, and we can be trusted and can assist you in partner visa matters. Our lawyers have acted in a significant number of family violence partner cases standing between our client and the case officer ensuring our clients are treated with respect and their applications are properly prepared and considered. Contact us for a confidential chat by:

-Direct call: 07 3876 4000

-Email: [email protected]

-Book an appointment:


Can a perpetrator of family and domestic violence obstruct my visa?


No, victims experiencing family violence will not have their sponsorship of partner visa applications withdrawn if their relationship breaks down because of family or domestic violence.


Take action and contact to discuss your situation with No Borders Migration now if you are aware of your sponsorship of partner visa applications have been withdrawn. We are committed to working with victims of family and domestic violence to resolve your situation under the migration law framework. We will assess your situation on an individual basis and provide you with the best advice to make your stay in Australia hassle-free.


What can I do with my visa application when I leave a violent relationship?


If you are the primary applicant, that is the main person that applied for the visa application, and the dependent or secondary applicant is perpetrating family and domestic violence against you, you can request they be removed from your visa application.


If you are a secondary applicant, that is the dependent person on a visa application that has not made their own application, you may need to apply for another visa in your own right.



Need help with your Visa?


Email: [email protected]

Tel:  +61 (07) 3876 4000

We will help you by exploring visa options and securing application. As part of our services, we will assess the eligibility of the application for a partner visa and help you to get out of the abusive relationship and provide you with detailed advice on your chances of success. If you would like to discuss your visa options and evaluate the pathway to permanent residency, please make an enquiry  or  book a consultation to get expert advice with one of our knowledgeable and experienced Migration Agents/Lawyers on 07 3876 4000 or email: [email protected].


Book a free consultation today and let us help you find a way forward.