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.

The family violence provisions do not apply to me — what are my options in 2026?

If the family violence provisions do not apply to your visa in 2026, you can still get help. What the rules exclude, and what support is open to you.

No. Being outside the family violence provisions closes one particular visa pathway, but it does not remove your right to safety or your access to support. The Australian Department of Home Affairs states on its Family Violence Provisions page (as at October 2026) that if you are not eligible for the provisions, there is still help available, and that you have a right to a safe environment in Australia regardless of your visa status. The same point appears on the Department's Where to get help page.

The two things are separate. The family violence provisions are the rules that can let a person stay in Australia on a permanent visa after a relationship has ended because of violence. Support services — counselling, housing, money, food, medical care and legal help — are not built on those rules, and the Department's own material says they are available regardless of your visa status. This article is general information about how those rules are publicly described; it is not personalised legal advice and it cannot tell you how a decision-maker will treat your case. For anything that directly affects your visa, rely on the latest official information and on advice from a qualified immigration lawyer or migration adviser.

What has to be true for the family violence provisions to apply?

Home Affairs sets out a short list of conditions. You may be able to stay in Australia on a permanent visa under the provisions if:

you have applied for or currently hold an eligible visa
you have experienced family violence
the perpetrator was your former partner or spouse
the family violence, or part of it, occurred during your relationship with that person
you are no longer in that relationship.

On top of that, different applicant groups carry their own conditions. For a Partner visa applicant or holder, the perpetrator must be the former sponsor of the visa application. For a secondary applicant, the perpetrator must be the primary applicant, and when the visa application was made you must have been in Australia or entered Australia afterwards.

Why do the provisions sometimes not apply?

Most exclusions come down to one of four things.

Reason you may be excluded	What the official pages say
Your visa is not on the eligible list	The provisions apply only to listed Partner, Dependent Child, skilled, business and family visas.
The perpetrator was not the right person	For Partner visas the perpetrator must be the former sponsor; for secondary applicants, the primary applicant.
The violence happened outside the relationship	At least part of the family violence must have occurred while you were in the relationship.
The perpetrator was an Australian sponsor	For Family visas, the provisions do not apply to violence perpetrated by an Australian sponsor.

That last exclusion is the one people most often read as a dead end. Home Affairs states it plainly and then adds the same reassurance it gives to everyone else: there is still help available, and you have a right to a safe environment in Australia regardless of your visa status.

Does losing the provisions mean my visa ends?

The provisions are described by Home Affairs as a way to stay in Australia on a permanent visa. Not meeting the conditions means that pathway is not open to you; it does not change the Department's statement that your safety rights and the available support do not depend on your visa status. What happens to your visa afterwards depends on your own circumstances and on any other visa you hold or may apply for, and that is a question for individual advice rather than a general article.

One related rule is worth knowing if a sponsorship is involved. On the Department's information page for Partner visa sponsors, Home Affairs says that when it receives information that a relationship has ended, it must tell the visa applicant and give them a chance to respond before a decision is made on the application. That page also states there may still be grounds to grant the applicant a permanent Partner visa.

What help is available if the provisions do not apply?

The Department's Where to get help page lists national organisations that provide counselling, support and advice, and says they can also help with housing, finances, food, medical needs and legal matters. None of those are described as conditional on holding a particular visa.

If you need identity documents issued by your own government, the page points to the Department of Foreign Affairs and Trade's list of foreign embassies and consulates in Australia. If you are outside Australia, it points to the United Nations High Commissioner for Refugees for advice about local support groups and help.

Who can I call where I live?

Every state and territory has its own services. All of the following appear on the Home Affairs Where to get help page.

State or territory	Domestic and family violence help	Legal and specialist help
Australian Capital Territory	Domestic Violence Crisis Service (02) 6280 0900 (24 hours, 7 days); Beryl Women Inc 02 6230 6900	Women's Legal Centre ACT (02) 6257 4377; Legal Aid ACT 1300 654 314
New South Wales	Domestic Violence Line 1800 656 463 (24 hours, 7 days); Link2Home 1800 152 152 (24 hours, 7 days)	Legal Aid NSW 1300 888 529; Immigration Advice and Rights Centre (02) 8234 0700; Women's Legal Service NSW (02) 8745 6999
Northern Territory	Sexual Assault Referral Centres (08) 8922 6472 (24 hours, 7 days); Women's Safety Services of Central Australia (08) 8952 6075	Top End Women's Legal Service 1800 234 441; Central Australian Women's Legal Service 1800 684 055
Queensland	DV Connect 1800 811 811 (24 hours, 7 days); Homelessness Hotline 1800 474 753 (24 hours, 7 days)	Women's Legal Service Queensland 1800 957 957; Refugee and Immigration Legal Service (07) 3846 9300; Legal Aid Queensland 1300 651 188
South Australia	Victims of Crime 7322 7007; Women's Safety Services SA 1800 800 098	Women's Legal Service SA 08 8231 8929; Legal Services Commission of SA 1300 366 424
Tasmania	Victims Support Service 1300 300 238	Women's Legal Service Tasmania 1800 682 468; Legal Aid Tasmania 1300 366 611; Tasmanian Refugee Legal Service (03) 6169 9473
Victoria	Safe Steps Family Violence Response Centre 1800 015 188 (24 hours, 7 days); Victims of Crime 1800 819 817	Women's Legal Service Victoria (03) 8622 0600; Refugee Legal (03) 9413 0100; inTouch 1800 755 988
Western Australia	Women's Domestic Violence Helpline 1800 007 339 (24 hours, 7 days); Victims Support Service 1800 818 988	Legal Aid WA 1300 650 579; Circle Green Community Legal (08) 6148 3636

Each state and territory police service in that list gives 131 444 as a 24-hour, 7-day assistance number. The Department's sponsor information page states that in an emergency or life-threatening situation you call the police on 000.

Can the violence still be reported?

Yes, and reporting is separate from whether the family violence provisions apply. Home Affairs says allegations of criminal conduct should be reported to police in the first instance, and that domestic and family violence conducted by a visa holder can be reported to Border Watch. Reporting does not require you to have a live claim under the provisions.

How do I look for help without leaving a trail?

The Department gives practical warnings on this. Most helplines are free from a landline, payphone and most mobile phones, but the phone number will still appear on your phone bill, which means anyone who can see the bill can see that you called. It recommends using websites in private browsing mode where possible and clearing your browsing history if you cannot. It also refers to the eSafety Commissioner's online safety checklist for improving your online safety, and to the Home Affairs online security and safety information.

If I think I was wrongly excluded, what should I re-check?

Go back through the identity and timing questions, because they are where most mistakes happen. Ask whether the person who used violence was your former partner or spouse, and — if you are a Partner visa applicant or holder — whether they were the former sponsor. Ask whether any part of the violence happened while you were still in that relationship. If you are a secondary applicant, ask whether the perpetrator was the primary applicant, and whether you were in Australia when the application was made or entered afterwards. If you hold or applied for a Family visa, ask whether the perpetrator was an Australian sponsor, because that is an express exclusion.

Frequently Asked Questions

If the provisions do not apply, will I have to leave Australia?

The provisions are one pathway to a permanent visa, and not meeting them means that pathway is closed. The Department of Home Affairs states that support is still available and that you have a right to a safe environment regardless of your visa status. What happens to your visa depends on your circumstances and any other visa you hold, so this needs individual advice rather than a general answer.

Why do the provisions not apply to a Family visa when the violence was perpetrated by an Australian sponsor?

For Family visas, Home Affairs states that the family violence provisions do not apply to violence perpetrated by an Australian sponsor. That exclusion is about who the perpetrator was, not about whether the violence happened. The same page says help is still available to you.

Can I get help if I am on a bridging visa or have no substantive visa?

The Department's statement is not limited by visa type: it says you have a right to a safe environment in Australia regardless of your visa status, and that there is still help available if you are not eligible. The support listed covers housing, finances, food, medical needs and legal matters.

What evidence would I need if it turns out I am eligible after all?

Home Affairs assesses whether the relationship was genuine first, then assesses the family violence evidence. The evidence must show that at least part of the violence happened during the relationship and that your former partner or spouse was the alleged perpetrator. You can give one piece of judicial evidence, or at least two pieces of non-judicial evidence from different categories, with a Commonwealth statutory declaration.

Will calling a helpline cost me money or show up somewhere?

Most helplines are free from a landline, payphone and most mobile phones. The number will still appear on your phone bill, so anyone who can see the bill can see the call was made. This is why the Department recommends private browsing and clearing your browsing history.

What if I am outside Australia?

Home Affairs points people outside Australia to the United Nations High Commissioner for Refugees for advice about local support groups and help. The statement that you have a right to feel safe is not limited to people inside Australia.

Can I still report what happened to the police?

Yes. Home Affairs says allegations of criminal conduct should be reported to police in the first instance, and that domestic and family violence by a visa holder can be reported to Border Watch. Call 000 in an emergency or life-threatening situation, or 131 444 for police assistance at any time.