Do I need a lawyer or a migration agent?

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

What is a Section 48 bar?

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

Can I appeal a refused visa?

Often yes — the Administrative Appeals Tribunal reviews many decisions, but strict time limits apply.

Domestic Violence and Your Subclass 300 Visa in 2026: Legal Protections and Visa Options

How family violence provisions apply if you hold a Prospective Marriage visa (subclass 300): confidentiality, online safety and Partner visa options.

If you are in Australia on a Prospective Marriage visa (subclass 300) and you are experiencing domestic or family violence, your visa pathway is not automatically closed. On its Prospective Marriage visa (Subclass 300) page, the Department of Home Affairs states that it may be able to help, that you may still be eligible for the grant of your temporary and permanent visa, and that all information you provide is confidential. It is general information about how the rules are published, not advice about your own circumstances, which should be checked against the official wording or with a registered migration agent or legal practitioner.

What does the Department say about family violence while you hold a subclass 300 visa?

The subclass 300 page carries a specific message for people in this situation. It says 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 temporary and permanent visa. The same section points readers to the Department's own material on family violence provisions, published under "Domestic and family violence and your visa".

Two details in that wording matter. First, it sits inside the guidance written for people who already hold the visa, not only for people applying from outside Australia. Second, it is written as a possibility ("may"), not as a guarantee — eligibility still has to be assessed against the criteria that apply to you.

What happens to my subclass 300 visa if the relationship ends?

The published guidance for subclass 300 holders focuses on two things: notifying the Department, and checking whether you can move to a Partner visa.

On notification, the Department says that depending on your situation you may need to complete the Notification of Relationship Cessation form in ImmiAccount. If you cannot get into ImmiAccount, the page names the Partner Processing Enquiry Form as the alternative channel. Separately, it says you may still be eligible for a Partner visa (subclasses 820 and 801) if your relationship ends or your partner dies.

Check the Department of Home Affairs website for any fee, processing time or deadline that applies to notifying it that your relationship has ended.

Is what I tell the Department kept confidential?

Yes, on the Department's own wording: "All information you provide is confidential" appears directly in the section dealing with relationship cessation and Partner visa eligibility.

The privacy guidance on the same visa series adds practical detail that is easy to miss. The Department asks you to provide your own phone number and email address, and says it may need to contact you directly even if you have nominated your sponsor's email address for all correspondence, appointed your sponsor or someone else as an authorised recipient, or appointed someone to give you immigration assistance. It also says to protect your ImmiAccount, email account and passwords and not to share them with anyone.

How do I keep my ImmiAccount and email safe if my partner has access?

The Department's online safety recommendations for people whose relationship has ended are concrete:

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

It also refers readers to the eSafety Commissioner's online safety checklist for broader planning. Because correspondence about your application may be routed through whoever you appointed earlier, changing credentials and updating contact details is often the first practical step, not the last.

Can someone else deal with the Department for me — and how do I stop them?

You can appoint anyone to receive correspondence about your application using Form 956A (Appointment or withdrawal of an authorised recipient). You can appoint someone to give you immigration assistance using Form 956, but that person must be a registered migration agent, a legal practitioner, or an exempt person. The Department treats correspondence from an appointed assistance provider as if it came from you.

If the person you appointed is the person you are now unsafe around, both appointments can be withdrawn: Form 956A to withdraw an authorised recipient, and Form 956 to withdraw an immigration assistance provider. The Department's guidance is to attach the form in ImmiAccount and then notify it using the Partner Processing Enquiry Form.

Can I still get a Partner visa (subclasses 820 and 801)?

Two rules from the official pages drive the answer. You must be in Australia to apply for the Partner visa (subclasses 820 and 801). And if your relationship has ended, the Department says you may still be eligible for it, including on the basis of family violence.

Timing is the other pressure point. The Department advises applying for the Partner visa after your marriage and before your Prospective Marriage visa expires, because subclass 300 holders are eligible for a lower visa application charge for the 820/801 application. It also warns that if you are granted any other visa, that visa will replace your subclass 300 visa, which may mean paying a higher visa application charge when you later apply for the Partner visa. Check the visa application charge for the Partner visa on the Department of Home Affairs website before lodging.

What does my subclass 300 visa still give me while I work this out?

The visa lets you live, work and study in Australia for 9 to 15 months from the date of grant, and travel in and out as many times as you want while it remains valid. You have full work rights and are protected by Australian workplace law; study is allowed but at your own cost, with no government support. To confirm your expiry date and conditions, use your grant letter or VEVO.

Because the stay window runs from the date of grant rather than from the date your relationship ends, the clock can be tighter than it feels. That is worth weighing before you agree to any change that puts a different visa in place.

A hypothetical: how these rules fit together

Suppose an applicant holds a subclass 300 visa, has married, and the relationship has broken down in circumstances involving violence. Their sponsor created the ImmiAccount and still receives all correspondence. On the published rules, the sequence would look like this: set up a new email account and change passwords; use Form 956A to withdraw the sponsor as authorised recipient so correspondence comes to the applicant directly; update contact details so the Department can reach the applicant even though a sponsor email is on file; complete the Notification of Relationship Cessation form if their situation requires it; and check, while still in Australia and before the subclass 300 visa expires, whether an onshore Partner visa application is available. This is an illustration of the rules, not a description of any real person's case.

Frequently Asked Questions

Does my subclass 300 visa stop being valid the moment the relationship ends? The Department's guidance for subclass 300 holders focuses on notification and on whether you can move to a Partner visa, rather than on the visa ending on its own. The visa allows a stay of 9 to 15 months from the date of grant, and your grant letter or VEVO shows your actual expiry date.

Will my partner be told what I report to the Department? The Department states that all information you provide is confidential. It also asks for your own contact details and says it may need to contact you directly, even where your sponsor's email was nominated or someone else was appointed to receive correspondence.

Do I have to be in Australia to apply for a Partner visa after family violence? Yes. The Department states that you must be in Australia to apply for the Partner visa (subclasses 820 and 801). This is why leaving the country before your options are sorted out can narrow what is available to you.

Can I still get permanent residence if my relationship ended because of violence? The Department says you may still be eligible for the grant of your temporary and permanent visa if you are experiencing domestic and family violence, and points to its family violence provisions material. Eligibility is assessed against the criteria, so the published wording is a possibility rather than a promise.

What if I cannot get into ImmiAccount to notify the Department? The Department names the Partner Processing Enquiry Form as the channel to use when you do not have access to ImmiAccount, including where you are having trouble completing the relationship cessation form.

Should I switch to another visa to buy more time? The Department warns that any other visa granted to you will replace your subclass 300 visa, which may mean a higher visa application charge later. That trade-off is worth considering before accepting another visa.