A relationship ending while a Partner visa application is being processed does not automatically result in refusal or cancellation. Depending on the applicant’s visa pathway, circumstances and evidence, the family violence provisions in the Migration Regulations 1994 may allow an eligible applicant to continue with the application.
The outcome depends on the applicable visa subclass, the stage of processing and whether the legislative criteria are met. Applicants should check their current visa grant notice, application record and correspondence from the Department of Home Affairs.
Family violence provisions for Partner visa applicants
The family violence provisions may apply to eligible applicants in Partner visa pathways, including some applicants or holders connected with Subclasses 820/801 and 309/100. They are intended to ensure that an applicant is not required to remain in a violent relationship solely because of their immigration position.
Under Division 1.5 of the Migration Regulations 1994, relevant family violence can include actual or threatened conduct towards a person, certain family members or property where it causes the alleged victim reasonably to fear for, or be apprehensive about, their wellbeing or safety. This can encompass non-physical conduct where the legal definition and applicable visa criteria are satisfied.
The Department generally considers whether the relationship was genuine and ongoing before it ended. It then assesses whether at least part of the claimed family violence occurred during the relationship and whether the former sponsoring partner was the alleged perpetrator.
Evidence of family violence
Family violence may be supported by judicial or non-judicial evidence. The required form, number and content of documents are prescribed, so evidence should be checked against the current requirements rather than treated as a general collection of supporting material.
| Evidence category | Examples | Important considerations |
|---|---|---|
| Judicial evidence | A qualifying Family Law Act injunction, a qualifying state or territory protection order, or a court conviction or finding of guilt for a family violence offence. | The court document must satisfy the requirements in regulation 1.23. Not every interim order or court document will necessarily qualify. |
| Non-judicial evidence | The applicant’s statutory declaration and the prescribed type and number of documents, which may include eligible medical, police, child welfare, psychology, social work or family counselling evidence. | Documents must meet the required format and content. Home Affairs states that only one document may be provided from each prescribed evidence category, although additional material may be considered as part of the overall assessment. |
A police report or evidence of physical injury is not always required. However, a claim based on psychological abuse, coercive conduct or controlling behaviour must still satisfy the legal definition and evidentiary rules. The Department’s current family violence evidence guidance should be checked before documents are prepared.
Case study: Partner visa granted after relationship breakdown and family violence
We acted for a client whose sponsoring partner advised the Department that the relationship had broken down while the Partner visa application was still being processed. The Department then issued a Request for Further Information requiring the applicant to provide evidence addressing their ongoing eligibility for a Partner visa.
The relationship had ended after our client experienced psychological family violence throughout the relationship. There had been no police intervention or physical violence. The abuse consisted of ongoing coercive and controlling behaviour that had a significant impact on our client’s mental health and emotional wellbeing.
We assessed the matter and prepared submissions explaining why our client continued to satisfy the legislative requirements for the grant of a Partner visa despite the relationship breakdown. As part of the response to the Department, we:
- prepared submissions addressing the family violence provisions under the Migration Regulations 1994;
- prepared detailed statutory declarations explaining the history of the relationship and the psychological abuse experienced by our client;
- gathered and presented corroborative evidence supporting the allegations of psychological family violence;
- responded to every issue raised in the Department’s Request for Further Information; and
- presented the evidence in a clear and structured manner addressing the legislative requirements.
Following consideration of the submissions and supporting evidence prepared by Jameson Law, the Department granted our client a Partner visa.
Responding to a Departmental information request
A request for information should be read carefully because the questions, requested documents and response date can vary between cases. It is important not to assume that a standard evidence package will address every issue.
A response may need to address:
- when and how the relationship ended;
- whether the relationship was genuine and ongoing before it ended;
- the identity of the alleged perpetrator;
- whether at least part of the alleged violence occurred during the relationship;
- how the conduct caused reasonable fear or apprehension for wellbeing or safety;
- whether the evidence complies with the prescribed form and content requirements; and
- any other health, character or visa criteria raised by the Department.
If the Department is not satisfied by a non-judicially determined claim, regulation 1.23 provides for referral to an independent assessor in the circumstances specified by the Regulations. Home Affairs states that it must accept that assessor’s opinion about whether the applicant experienced family violence.
What to do after a relationship ends
Home Affairs instructs Partner visa applicants to notify it when the relationship has ended. Applicants with access to ImmiAccount can generally use the Notification of Relationship Cessation form. Safety and privacy should be considered when choosing email addresses, passwords and account access.
Relationship breakdown does not produce the same result in every Partner visa matter. Family violence is also not the only circumstance that may be relevant after separation. Some visa criteria contain separate provisions concerning certain children of the relationship or the death of a sponsoring partner. The precise pathway must be checked against the applicant’s subclass and processing stage.
If you have received a request for information or are concerned about your Partner visa after separation, contact Jameson Law for advice based on your application record and circumstances.
Frequently Asked Questions
Will my Partner visa automatically be refused if my relationship ends?
No. Relationship breakdown does not automatically result in refusal or cancellation. The outcome depends on the visa subclass, processing stage and whether an exception, including the applicable family violence provisions, is satisfied.
Can psychological or coercive behaviour support a family violence claim?
Potentially. Relevant family violence can include actual or threatened conduct that causes reasonable fear or apprehension for wellbeing or safety. The claim and evidence must satisfy the Migration Regulations and the requirements applying to the individual visa pathway.
Do I need a police report or evidence of physical injury?
Not in every case. Home Affairs accepts qualifying judicial or non-judicial evidence. Non-judicial claims must include the prescribed statutory declaration and required evidence in the correct form and number.
What happens if Home Affairs is not satisfied by my evidence?
For a non-judicially determined claim, the Migration Regulations provide for referral to an independent assessor if the decision-maker is not satisfied that relevant family violence occurred. Home Affairs states that it must accept the assessor’s opinion.
How do I tell Home Affairs that my relationship has ended?
Home Affairs generally directs applicants with ImmiAccount access to use the Notification of Relationship Cessation form. A Partner processing enquiry form may be available if the applicant cannot access ImmiAccount. Account security and privacy should be considered.
What should I do after receiving a request for information?
Read the request carefully, note the response date and provide material addressing each issue. The required evidence depends on the questions asked, the visa subclass and the applicant’s circumstances. Seek advice promptly if you are unsure what must be provided.
