There will be instances when a relationship ceases, or it terminates. When this occurs, and the visa holder is on a provisional visa (Subclass 820 or 309), the reason for being in Australia to be with the partner is no longer there. When this occurs, the department may cancel the Provisional visa. The visa holder will then have to either apply for another visa or leave Australia.
However, in certain circumstances, the law permits the visa holder to remain in Australia if:
- the sponsoring partner has died.
- there is a child or children from the relationship, & the Family Court provides the visa holder shared access, or
- there is domestic violence perpetrated against the visa holder.
The Family Violence provisions are additional grounds under the Migration Act and Regulations that allow a partner to apply for a visa on the basis of experiencing family violence.
Family violence can cover a range of behaviours including physical, sexual, emotional, psychological, or economic abuse. Family violence provisions apply to all partner visas, regardless of whether the relationship is married or de facto and whether the applicant is in Australia or overseas.
Permanent Residence based on Family Violence
To obtain permanent residency in Australia based on family violence, visa applicants must demonstrate that they:
- had a genuine, committed, and continuing married or de facto relationship, before its breakdown.
- experienced family violence during the relationship.
Additionally, visa applicants must pass both health and character checks before the visa is granted.