Family violence provisions on skilled and business PR visas: which subclasses qualify in 2026
Which skilled, employer-sponsored and business permanent subclasses Australia's family violence provisions cover in 2026, and how secondary applicant claims work.
Ten subclass numbers qualify under the family violence provisions in the skilled, employer-sponsored and business categories. The Australian Department of Home Affairs lists them under the "Skilled and Business visas" heading of its Family Violence Provisions page, as at the October 2026 version of the official pages: Subclass 132, 186, 187, 189, 190, 191, 192, 858, 887 and 888, with Global Talent and National Innovation both appearing against 858.
Which skilled, employer-sponsored and business subclasses are covered?
The list below reproduces the subclasses named by the Department. For each one, the family violence pathway runs to the same outcome: you may be able to stay in Australia on a permanent visa.
| Subclass | Visa name | Grouping |
|---|---|---|
| 132 | Business Talent (permanent) visa | Business |
| 186 | Employer Nomination Scheme visa | Employer sponsored |
| 187 | Regional Sponsored Migration Scheme visa | Employer sponsored (regional) |
| 189 | Skilled – Independent visa | Skilled (points-tested) |
| 190 | Skilled – Nominated visa | Skilled (state or territory nominated) |
| 191 | Permanent Residence (Skilled Regional) visa | Skilled regional |
| 192 | Pacific Engagement visa | Grouped with skilled and business on the official page |
| 858 | Global Talent visa | Talent |
| 858 | National Innovation visa | Talent |
| 887 | Skilled – Regional visa | Skilled regional |
| 888 | Business Innovation and Investment visa | Business |
Two details in that table are worth reading closely. Subclass 192 is listed under the skilled and business heading even though it is not part of the points-tested or employer-sponsored streams, so eligibility turns on the Department's classification rather than on how a stream is usually described. And Subclass 858 carries two names on the same page, Global Talent and National Innovation; both entries point to the same visa listing, so the list has eleven entries across ten subclass numbers.
Why does a permanent subclass like 186 or 189 have a family violence pathway at all?
Because the person affected is usually not the principal applicant. On these subclasses the Department processes family violence claims through the secondary applicant route: your partner or spouse holds or applied for the permanent visa as the primary applicant, and you are included on that application as a member of their family unit.
That route sets its own conditions, and they differ from the partner visa route. To claim as a secondary applicant, the perpetrator must be the primary applicant, and you must be the former partner or spouse of that primary applicant. There is no sponsorship test here: the requirement that the perpetrator be the former sponsor applies only to partner visa applicants and holders. If your name is on the application as the primary applicant rather than as a secondary applicant, this pathway does not apply to you.
What has to be true in every case?
The Department applies one general set of conditions before it turns to evidence. You may be able to remain on a permanent visa only if all of these are met:
- You have applied for, or currently hold, one of the eligible subclasses above.
- You have experienced family violence.
- The perpetrator was your former partner or spouse.
- The family violence, or part of it, occurred while you were in that relationship.
- You are no longer in a relationship with that person.
Secondary applicants carry one additional location condition. At the time the visa application was made you must have been in Australia, or you must have entered Australia afterwards. An application lodged offshore with no subsequent entry does not meet this requirement.
Which subclasses are not on the list?
The temporary stages that feed these permanent outcomes are not on it. The Subclass 482 temporary employer-sponsored visa, the Subclass 491 and 494 regional provisional visas, and the Subclass 188 provisional business innovation stream do not appear among eligible visas. Nor does 186 bring its own temporary stage with it: holding or having held a 482 does not itself put you within these provisions, even where your employer nomination eventually leads to a 186 application. The relevant question is always whether you are or were a secondary applicant on an application for one of the ten subclass numbers above.
Falling outside the list does not leave you without options. The Department states plainly that you have a right to a safe environment in Australia regardless of your visa status, and it publishes a separate page listing counselling, housing, financial, food, medical and legal support services alongside emergency contacts for each state and territory.
How do you make a claim as a secondary applicant?
The published process for secondary applicants runs in three stages.
Tell the Department your relationship has ended. Find the application reference number in the Department's correspondence. Log in to your own ImmiAccount. Select "New application". Complete the Notification of family violence – Secondary applicants form. If you cannot use ImmiAccount, use the online form of the same name instead. If your existing ImmiAccount is shared with your former partner, create a new one using an email address they cannot access.
Gather your documents. Provide relationship evidence first, because the Department assesses whether the relationship was genuine and ongoing before it looks at the violence. Then provide family violence evidence showing that at least part of the violence occurred during the relationship and that the primary applicant was the alleged perpetrator. The Department allows extra time where gathering documents is difficult.
Wait for assessment, then respond to requests. The Department may ask for further information, and once it accepts that family violence occurred it may also ask for a health examination or character documents such as an Australian or overseas police certificate.
What evidence establishes that family violence occurred?
Evidence falls into two categories, and every document must be written, in English, and in the requested format and level of detail.
Judicial evidence is one court document, chosen from four options: an injunction under the Family Law Act 1975, an order made under a state or territory law, a record of conviction for a family violence offence, or a recorded finding of guilt for such an offence. An interim order can meet the threshold in some cases; where it does not, you can supply it while waiting for a final order and must then send the final order.
Non-judicial evidence is either a joint undertaking made before the court, or at least two documents from different categories, plus a Commonwealth statutory declaration. Each category counts once, so a hospital report and a statutory declaration from a medical practitioner together count as one item. The available categories cover medical reports, police reports and risk assessments, child welfare officers, family violence support services, social workers, psychologists, family consultants and relationship counsellors, and education professionals. Each item must come from someone acting in a professional capacity, and what it must show differs by category: police, child welfare officer, family violence support service, social worker, psychologist, family consultant and relationship counsellor, and education professional evidence must identify the alleged perpetrator or give information so that identity can reasonably be inferred, while medical evidence must identify the alleged victim and detail injuries or treatment consistent with family violence.
What happens if the Department is not satisfied?
Where the decision maker is not satisfied that you have experienced family violence, the claim is referred to an independent expert. The expert interviews you, forms an opinion on whether you experienced family violence, and the Department must accept that opinion. If the expert finds against you, you get an opportunity to comment on that opinion before a decision is made. If the expert finds in your favour, the file returns to the usual requirements, which may again include health and character documents.
This summary sets out how the published rules operate for general understanding only; it is not an assessment of any individual case, and the wording that governs a decision is the Department's guidance as published at the time your claim is decided.
Frequently Asked Questions
Do the family violence provisions apply to the Subclass 482 visa?
No. The skilled and business list published by the Department names ten subclass numbers, and the 482 temporary employer-sponsored visa is not among them. The same is true of the other provisional stages, such as Subclass 491 and Subclass 494. What matters is whether you are or were a secondary applicant on an application for one of the listed subclasses.
Can I claim if I am the primary applicant on a Subclass 189 or 190 application?
No, not through this pathway. The provisions reach skilled and business subclasses through the secondary applicant route, which requires that you were the secondary applicant and that the alleged perpetrator was the primary applicant. The separate partner visa pathway has different requirements again, since it turns on the former sponsor.
Do I have to be in Australia for a skilled or business claim to succeed?
Yes, subject to one qualification. When the visa application was made you must have been in Australia, or you must have entered Australia afterwards. An application made offshore by a secondary applicant who never entered Australia does not meet the published condition.
Do these provisions require me to name a sponsor as the perpetrator?
No. The requirement that the perpetrator be the former sponsor is stated for partner visa applicants and holders. For skilled and business subclasses, the perpetrator must be the primary applicant on the application on which you were included as a secondary applicant.
How many documents do I need if I have no court order?
At least two from different categories, plus a Commonwealth statutory declaration. Categories include medical reports, police reports and risk assessments, child welfare officer reports, family violence support service assessments, and reports or letters from social workers, psychologists, counsellors and education professionals. One document per category counts, so two documents of the same kind do not meet the minimum.
What if my relationship has not legally ended — for example, we are separated but not divorced?
The test is that you are no longer in a relationship with the person, not that a divorce has been finalised. For skilled and business claims the perpetrator must be your former partner or spouse, and the Department assesses whether the relationship was genuine and ongoing before it ended, then assesses the family violence claim itself.
Does the money I paid towards the visa application come back?
The family violence provisions concern your visa status, not fees.