Family Violence Provisions

There are special provisions relating to family violence. In some instances, a visa can be granted because the visa applicant or the members of their family unit or both, have suffered family violence committed by the sponsoring partner. In family violence situations, applicant can apply for a visa even after the relationship has ended.

Family Violence Provision allows for a visa grant strictly in the following cases:

  • You applied for a subclass 300 visa. The visa was granted. You entered Australia on this visa, got married while your subclass 300 was still valid, but the relationship has then ceased because of family violence.
  • You have applied for a subclass 820/801 visa and are currently on a bridging visa. The relationship has ceased because of family violence, after the lodgment of the subclass 820/801 visa but before the subclass 820 visa decision. 
  • You applied for a subclass 820/801 visa. Subclass 820 was granted. Subclass 801 has not been granted yet, but the relationship has ceased because of family violence.
  • You applied for a subclass 309/100 visa. Subclass 309 was granted. You entered Australia as a subclass 309 holder. Subclass 100 has not been granted yet but the relationship has ceased because of family violence.

There are specific requirements to how the fact(s) of family violence must be proved. Dealing with the submissions and the evidence is often an overwhelming and triggering process.

In Shire Migration, we can assist with explaining to you how family provisions work, guiding you on the necessary evidence requirements, and preparing a submission on your behalf. 

Contact us today to discuss how we can help.