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Many visa applications are lodged directly. A registered migration agent or immigration lawyer helps with complex or refused matters.

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It limits the visas you can apply for while unlawfully in Australia after a refusal or cancellation. A professional can map your options.

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Domestic Violence and Your Partner Visa in 2026: Legal Help and Visa Options

What the Department of Home Affairs says about domestic violence, partner visas, permanent visa eligibility, online safety and the help available.

Experiencing domestic or family violence does not automatically end your partner visa pathway. As at October 2026, the Australian Department of Home Affairs' Partner Visa Frequently Asked Questions (FAQs) page states that if you are experiencing domestic and family violence, the department may be able to help you, and that you may still be eligible for the grant of your permanent visa. It directs applicants to its Domestic and family violence and your visa and Family Violence Provisions pages for the detail.

This article is general information about how the published rules are described, not advice about your own case. Your circumstances, the visa you hold and the evidence you can gather all matter, so treat the official pages and any qualified professional you choose to consult as the authority on your situation.

What does the department actually say about domestic and family violence?

The FAQ page addresses violence in two places, and both are short. In its domestic and family violence section, it says the department may be able to help you if you are experiencing domestic and family violence, and that you may still be eligible for the grant of your permanent visa. It does not set out the evidence rules there; those sit on the Family Violence Provisions page it links to.

The second place is the section on your relationship ending or changing. That is where the practical and safety-related guidance lives, including what to do about your online accounts and how to notify the department. Read both sections together, because the notification steps apply whether or not you go on to rely on the family violence provisions.

How do I protect my online accounts before anything else?

The department's guidance treats account security as a first step, not an afterthought. On the FAQ page it recommends that you:

change your ImmiAccount password as soon as possible;
do not use saved passwords to access your ImmiAccount;
change your email password, or consider setting up a new email account.

For a broader picture, it points to the eSafety Commissioner's online safety checklist, which is written for people dealing with domestic and family violence and covers how to increase your personal safety across the accounts and devices you use. The same checklist is repeated in the sponsors section of the page, where the department says it is committed to protecting your privacy and providing a secure online environment, but that you can do more to ensure your safety.

Account control matters here for a practical reason: a sponsor who set up or manages the email address or ImmiAccount used for your application may be able to see correspondence about it.

Do I have to tell the department that the relationship has ended?

The FAQ page says you may need to complete the Notification of Relationship Cessation form in the 'Update Details' tab in ImmiAccount, and suggests confirming this against the Your relationship has changed page. Notification of changes in circumstances is a recognised obligation under section 104 of the Migration Act 1958, which is why the form used for this is Form 1022 – Notification of changes in circumstances.

If you do not have access to ImmiAccount, the page sets out an alternative route:

Tell the department that the relationship has ended or changed using the Partner processing enquiry form.
Attach a signed and completed Form 1022 – Notification of changes in circumstances.

If the relationship later restarts, the page describes a separate pathway: tell the department using the Partner processing enquiry form and attach a statutory declaration from you, a statutory declaration from your sponsor, and evidence of identity for both of you.

Can my sponsor withdraw the sponsorship?

Yes. The FAQ page states that a sponsor can withdraw their sponsorship at any time before the department decides the permanent Partner visa application, and it refers readers to the Your relationship has changed page for more information.

For sponsors who are themselves experiencing domestic and family violence, the page says support is available and points to the Information for Partner visa sponsors page. That page sits under the family violence provisions section of the department's site, and it is the entry point the department gives for sponsors rather than applicants.

If you are considering withdrawing your own application rather than continuing it, note two conditions on the page: both visa subclasses must be withdrawn where your application covers a pair (subclass 309 and 100, or subclass 820 and 801), and each applicant aged 18 or over included in the withdrawal must give consent through a signed statement.

Can I still be assessed for the permanent partner visa?

The department's answer on the FAQ page is that you may still be eligible for the grant of your permanent visa, with the Family Violence Provisions page given as the place to check how that works. The page does not reproduce those rules, so the published provisions page is the source to rely on.

What the FAQ page does explain is the ordinary timing rule for the permanent stage. If you hold a temporary Partner visa (subclass 309 or 820), two years must have passed since you applied for that visa before you are eligible for assessment of the permanent visa. Once that point is reached, the page describes this process:

Log in to ImmiAccount, then select 'New application' and 'Family'.
Select 'Stage 2 – Permanent Partner Visa Assessment (100, 801)'.
Complete the online form using your application ID.

Your application ID appears in the department's correspondence, including your acknowledgement of application received letter or your notification of visa grant letter. If you did not use ImmiAccount to apply, you will need to create an ImmiAccount first.

Can I ask for my application to be decided faster?

Partner visa applications are processed under Ministerial Direction 117. The FAQ page says applications are generally assessed in the order received, with highest priority given to onshore Partner visa (subclass 820 and 801) applications and lower priority to offshore subclass 309 and 100 and Prospective Marriage (subclass 300) applications, which are likely to experience longer processing times.

Priority processing is possible in principle where you can show special circumstances of a compassionate nature and compelling reasons to depart from the normal order. The page is blunt about the limits: there is no guarantee of higher priority, the department will only consider a request if all supporting documents and information have been submitted, and most requests for priority processing cannot be approved. It also states that two years must have passed since you applied for the temporary visa before you are eligible for permanent visa assessment, and that if you are not yet eligible, a priority request cannot be considered.

On processing times generally, the page says times vary and applicants may experience longer waits than expected; the visa processing time guide tool shows times for recently decided applications and is a guide only, not specific to your application.

What happens if my permanent partner visa is refused?

The FAQ page states that if your permanent Partner visa (subclass 801 or 100) has been refused, you no longer hold a temporary Partner visa, and that you need to be aware of your visa status. It directs readers to check visa details and conditions using Visa Entitlement Verification Online (VEVO).

Your refusal notification letter will tell you whether you have the right to seek review of the decision by the Administrative Review Tribunal (ART). The ART has jurisdiction to review certain visa decisions made under the Migration Act 1958, and while a decision is under review you should keep checking your current visa details and conditions through VEVO. Fees and charges for review are set out on the ART's website rather than being listed as a fixed amount on the department's page.

Who is allowed to help me with my application?

Only certain people can help with a visa application, and the FAQ page points to the department's Who can help with your application page for the boundaries. That matters in a violence context, because the person who prepared your application may be the same person you now need to keep information away from.

Frequently Asked Questions

Does domestic violence cancel my partner visa application?

No. The department's FAQ page says that if you are experiencing domestic and family violence it may be able to help you, and that you may still be eligible for the grant of your permanent visa. The rules for how that eligibility is established are set out on the Family Violence Provisions page.

What is the first practical step the department recommends?

It recommends securing your accounts: change your ImmiAccount password as soon as possible, avoid using saved passwords to access ImmiAccount, and change your email password or set up a new email account. It also points to the eSafety Commissioner's online safety checklist for a wider set of steps.

How do I notify the department if I cannot access ImmiAccount?

The FAQ page says you can tell the department that your relationship with your sponsor has ended or changed using the Partner processing enquiry form. Attach a signed and completed Form 1022 – Notification of changes in circumstances, which is the form tied to section 104 of the Migration Act 1958.

Can my sponsor withdraw the sponsorship after the relationship ends?

Yes. A sponsor can withdraw their sponsorship at any time before the department decides the permanent Partner visa application. Where the sponsor is the one experiencing violence, the department points to its Information for Partner visa sponsors page as the entry point for support.

When can the permanent stage of my partner visa be assessed?

If you hold a temporary Partner visa (subclass 309 or 820), two years must have passed since you applied for that visa before you are eligible for assessment of the permanent visa. You then apply through ImmiAccount using 'Stage 2 – Permanent Partner Visa Assessment (100, 801)' and your application ID.

What if my permanent partner visa is refused?

You no longer hold a temporary Partner visa, and the department advises checking your visa details and conditions through VEVO. Your refusal notification letter will tell you whether you can seek review by the Administrative Review Tribunal, whose fees are published on its own website.