The family violence provisions allow certain people applying for permanent residence in Australia to continue with their application after the breakdown of their married or de facto relationship, if they or a member of their family unit have experienced family violence by their partner.
The provisions were introduced in response to concerns that some partners might remain in an abusive relationship because they believe they may be forced to leave Australia if they end their relationship.
Definition of relevant family violence
Relevant family violence is defined as:
‘conduct, whether actual or threatened, towards:
- the alleged victim
- a member of the family unit of the alleged victim
- a member of the family unit of the alleged perpetrator
- the property of the alleged victim
- the property of a member of the family unit of the alleged victim
- the property of a member of the family unit of the alleged perpetrator
- that causes the alleged victim to reasonably fear for, or to be reasonably apprehensive about, his or her own wellbeing or safety.’
Relevant family violence is not limited to physical harm. It may also include other forms of abuse such as psychological and/or financial abuse, which is consistent with the above definition.
Acceptable evidence may be judicially or non-judicially determined.
Visa specific provision for Family Violence:
Eligibility
The family violence provisions apply to the following visa subclasses:
Family stream
Primary applicants for:
- Partner (permanent) (subclass 100) visa
- Spouse (permanent) (subclass 100) visa*
Interdependency (permanent) (subclass 110)* - Partner (temporary and permanent) (subclasses 820/801) visas
- Spouse (temporary and permanent) (subclasses 820/801) visas*
Interdependency (temporary and permanent) (subclasses 826/814)*.
*These visas have been closed to new applicants from 1 July 2009, existing applicants are covered by family violence provisions.
Skilled stream (business):
Partners of primary applicants for:
- Established Business in Australia (subclass 845)*
- State/Territory Sponsored Regional Established Business in Australia (subclass 846)*
- Labour Agreement (subclass 855)*
- Employer Nomination Scheme (subclass 856)*
- Regional Sponsored Migration Scheme (subclass 857)*
- Distinguished Talent (subclass 858).
* These visas have been closed to new applicants from 1 July 2012, existing applicants are covered by family violence provisions.