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Family Violence Provisions in Subclass 835 Applications: 2026 Legal Options

How family violence provisions work in a Remaining Relative (subclass 835) case, what evidence helps, and what review or reapplication paths exist.

Family violence provisions can apply to a Remaining Relative visa (subclass 835) application, and in practice they matter most when a relationship ends after the application is lodged. According to the Australian Department of Home Affairs' Remaining Relative visa (subclass 835) official page, as at July 2026, applicants must tell the Department about changes to their marital or de facto status, and must tell it if they have experienced domestic or family violence. The legal basis sits in the Migration Regulations 1994, where the secondary criteria for subclass 835 allow a former spouse or de facto partner to keep a place in the application through the family violence exception. This article is general information only and is not advice about your individual situation; check the Migration Regulations 1994 and the official pages and, where it matters to your case, seek current professional advice.

Do family violence provisions apply to a subclass 835 application?

They do, but they operate in a narrower space than in partner visa cases. A subclass 835 application turns on whether the main applicant is the "remaining relative" of an Australian relative under regulation 1.15, and on sponsorship by that relative or the relative's spouse or de facto partner (clause 835.213). The family violence provisions enter through the secondary criteria — the rules that cover people included in the application as members of the family unit.

Clause 835.311 allows a secondary applicant to be either a member of the family unit of the main applicant or, in a family violence case, a former spouse or de facto partner. Clause 835.321 applies the same test at the time of decision. That distinction is the practical heart of a 2026 family violence claim on this visa: the relationship no longer exists, but the person does not automatically fall out of the application because of it.

Who can rely on the family violence exception?

The exception is written for people who were in the application because of a relationship with the main applicant, not for the main applicant's claim to be a remaining relative. That means an Australian relative's relationship history, or a sponsor's, does not create a family violence pathway on its own.

Three groups are usually affected:

A former spouse or de facto partner who was listed as a secondary applicant and whose relationship broke down before the decision.
Their own family members, who come under clause 835.326 and must meet additional public interest criteria.
Dependants, who remain subject to the age and dependency rules on the official page — under 18 years, or over 18 years of age but not yet turned 23 and dependent on you or your partner, or over 23 years of age, unable to earn a living to support themselves due to physical or cognitive limitations and dependent on you or your partner.

If you were relying on a de facto relationship, the official page sets the ordinary benchmark at 12 months before the application, shown through joint bank accounts, joint billing accounts, joint leases or mortgages, or documents showing a shared address. That material is what establishes the relationship existed; the family violence material is what explains why it ended.

What evidence is usually needed?

The Migration Regulations 1994 do not apply a single-document test. They point to court orders and police reports, and to legal and medical evidence, and the Department has a separate Family violence provisions page that deals with how such claims are assessed.

Evidence type	What it can establish
Court orders, such as intervention or protection orders	That a court has already recognised a risk or made orders
Police reports	That incidents were reported to authorities at the time
Medical or health records	Injuries, treatment, or the health effects of the violence
Legal documents, such as divorce or separation records	That the relationship has formally ended
Relationship documents (joint accounts, leases, shared address)	That the relationship existed before it broke down

Accuracy matters as much as volume. Clause 835.223 brings in public interest criterion 4020, which concerns false or misleading information, and the official page warns that a person who cannot prove their identity may be refused and may not be granted another visa, or have family members on the application granted one, for 10 years. Send certified copies rather than originals, and keep a full copy of what you lodged.

What has to be reported, and when?

Notification duties run alongside the evidence. The official page lists the changes you must report after applying: changes to phone number, email, address or passport; changes to marital or de facto status; the birth of a child; a decision to withdraw; and experiences of domestic or family violence.

Two mechanisms on the same page handle most corrections and updates. Form 1023 Notification of incorrect answers is used when you made a mistake on the application, and can be uploaded through ImmiAccount once the paper application is imported. Form 956 and Form 956A cover who may give immigration assistance and who may receive correspondence — assistance can only come from a registered migration agent, a legal practitioner, or an exempt person, while anyone may be appointed to receive documents.

If the violence has stopped you from responding to a request, that is still worth recording in writing, because clause 835.224 requires the applicant's family members who are secondary applicants to satisfy the public interest criteria as well, and a failure by any one of them can affect the whole application.

If the application is refused: review or reapply?

Both paths exist, and which one is open depends on the refusal letter. The official page states that a refusal is given in writing, sets out why the visa was refused, and says whether you have a right to a review of the decision. It also states that the application fee is not refunded if the application is refused.

The Migration Regulations 1994 and the Department point to two routes:

Merits review by the Administrative Review Tribunal (ART), for refusals that carry review rights. Confirm the current review body and any time limit on the official pages, because tribunal arrangements and deadlines are set by published official information.
A request for Ministerial intervention, described in the Migration Regulations 1994 and the Department's policy as an option where the refusal turns on public interest criteria. This is a discretionary request, not a review, and no outcome is guaranteed.

Reapplying is a separate decision. A fresh subclass 835 application starts from the beginning: a new Form 47OF, a new Form 40 sponsorship, a new first instalment, and a fresh assessment of whether you are still a remaining relative and whether your sponsor still qualifies. Where the earlier sponsorship is no longer available, the Migration Regulations 1994 and the Department's policy note that a new sponsor may be substituted before decision, and that sponsorship is limited by regulation 1.20K where the Australian relative or their partner has been granted, or has previously sponsored, subclasses 104, 115, 806 or 835 — check that limit against the official pages before relying on a replacement sponsor.

Steps for lodging a fresh subclass 835 application

Check your passport and identity documents.
Confirm your sponsor is 18 or over and a settled Australian citizen, permanent resident or eligible New Zealand citizen.
Complete Form 47OF Application for migration to Australia by other family members.
Have your sponsor complete Form 40 Sponsorship for migration to Australia.
Pay the first instalment using the ImmiAccount payment function.
Post or courier the application and certified copies to the Parent, Child and Other Family Processing Centre in Perth.
Import the paper application into ImmiAccount after you receive the acknowledgement letter.
Upload further documents through ImmiAccount when asked.
Pay the second instalment when the Department sends the invoice.

The application must be made on paper, and you must be in Australia both when you apply and when the decision is made. You cannot submit it in person or pay in person.

Staying lawful and safe while the matter is resolved

When the application was lodged, a Bridging visa was granted. If your current visa expires before the decision, that Bridging visa starts and lets you remain in Australia while the application is processed. Do not cancel your current visa — cancelling it leaves you unlawful and removes eligibility for the Bridging visa.

Travel needs care. The official page requires you to tell the Department if you want to travel outside Australia during processing, and to hold a valid visa to return, because you must be in Australia for the decision. Police certificates should not be arranged until the Department asks for them; health examinations and biometrics are also requested rather than provided upfront.

For safety planning, the Department's Family violence provisions page is the official starting point, and the official step-by-step page directs applicants who have experienced domestic or family violence to it directly. Suppose an applicant is still living with the person who caused the harm: the immediate practical questions are accommodation, a protection order, and who is allowed to receive correspondence about the visa, and the Form 956A appointment lets correspondence go to someone else so that visa letters do not reach the unsafe address.

Frequently Asked Questions

Can I stay in a subclass 835 application after my relationship ends?

The secondary criteria in clause 835.311 and clause 835.321 allow a former spouse or de facto partner to remain a secondary applicant where the family violence exception applies. The relationship ending does not by itself remove you from the application, but you still need to notify the change of marital or de facto status.

What documents can show family violence?

The Migration Regulations 1994 point to court orders and police reports, and to legal and medical evidence, while the Department's Family violence provisions page sets out how such claims are assessed. Relationship documents such as joint accounts, joint leases and shared-address records help establish that the relationship existed before it broke down.

Do I have to tell the Department about the violence?

Yes. The official page lists experiencing domestic or family violence among the changes that must be reported after applying, alongside changes to marital or de facto status. It directs applicants to the Family violence provisions page for what to do next.

Can I seek review if my subclass 835 application is refused?

The refusal letter will say whether you have a right to review, and merits review of refusals that carry review rights is heard by the Administrative Review Tribunal (ART). A request for Ministerial intervention is described as an option where the refusal turns on public interest criteria, and is discretionary.

Will I get my application fee back if I am refused?

No. The official page states that the application fee is not refunded if the application is refused. If you reapply, a new first instalment is payable.

Do my dependants stay in the application?

Dependants under 18 need identity documents, proof of the relationship and character documents if applicable; those 18 or over also need proof of dependency and documents about other relationships. Because clause 835.224 describes public interest criteria as applying on a "one fails, all fail" basis, every included family member's circumstances can affect the outcome.

Can I travel overseas while all this is being sorted?

You can, but you must tell the Department and hold a valid visa to return, because the decision can only be made while you are in Australia. Leaving without a valid return visa can leave you unable to come back for the decision.