Family violence claims by secondary applicants on 189 and 190 skilled visas in 2026
How a secondary applicant on a 189 or 190 skilled visa can claim the family violence provisions and keep a permanent residence pathway in 2026.
Yes — as of October 2026, the Department of Home Affairs' official Family Violence Provisions page states that a secondary applicant on a Skilled – Independent (subclass 189) or Skilled – Nominated (subclass 190) visa may be able to stay in Australia on a permanent visa if the relationship has ended and the primary applicant was the perpetrator of family violence. The published criteria turn on the secondary applicant's own relationship and experience of violence, not on the primary applicant's points score or nomination. This article explains how those published provisions work in general terms; it is not advice on any individual case, and the official pages as updated remain the authority.
Are 189 and 190 secondary applicants covered by the provisions?
They are listed. The Department's Family Violence Provisions page sets out a group of skilled and business visas for which a secondary applicant may claim, including:
- Skilled – Independent (subclass 189) visa
- Skilled – Nominated (subclass 190) visa
- Permanent Residence (Skilled Regional) (subclass 191) visa
- Skilled – Regional (subclass 887) visa
- Employer Nomination Scheme (subclass 186) and Regional Sponsored Migration Scheme (subclass 187) visas
- Business Talent (subclass 132), Business Innovation and Investment (subclass 888), Global Talent (subclass 858), National Innovation (subclass 858) and Pacific Engagement (subclass 192) visas
Being a secondary applicant on one of these applications is the starting point, not the whole test.
What has to be true before a claim can succeed?
The general conditions on the Family Violence Provisions page apply to everyone seeking to stay on a permanent visa:
- you have applied for, or currently hold, an eligible visa
- you have experienced family violence
- the perpetrator was your former partner or spouse
- the violence, or part of it, happened during your relationship with that person
- you are no longer in a relationship with that person
Two further conditions are specific to secondary applicants. First, the perpetrator must be the primary applicant of the visa application — the provisions for secondary applicants require you to be the former partner or spouse of the primary applicant. Second, when the visa application was made, you must either have been in Australia or have entered Australia afterwards.
The outcome is expressed as a possibility, not an entitlement: the provisions mean you may be able to stay in Australia on a permanent visa.
Does the claim depend on the primary applicant's visa outcome?
The published criteria are written about you. The Department must be satisfied that you were in a genuine and ongoing relationship with the primary applicant of the permanent visa application before it ended, and separately that at least part of the violence occurred during that relationship and that the primary applicant was the alleged perpetrator. Nothing in the published criteria makes the claim turn on the primary applicant's nomination, occupation assessment or points total.
That distinction matters in practice for skilled migration, where a 190 application rests on a state or territory nomination held by the primary applicant. The secondary applicant's claim, as published, is assessed on relationship evidence first and family violence evidence second. Assume a secondary applicant on a pending 190 application leaves the relationship because of violence by the primary applicant: the assessment that follows concerns that relationship and that violence, and it does not require the primary applicant's cooperation.
How do you notify the Department?
The Department's Family violence provisions – Secondary applicants page sets out this sequence:
- Find the reference number for your application. It appears in correspondence the Department has sent you.
- Log into ImmiAccount.
- Click 'New application'.
- Complete the 'Notification of family violence – Secondary applicants' form.
If you cannot use ImmiAccount, the same notification can be made through the Notification of family violence – Secondary applicants online form. If you are creating a new ImmiAccount, use an email address your former partner cannot access. Where you are using an existing ImmiAccount, make sure only you have access to it.
Which evidence is assessed, and in what order?
Relationship evidence is assessed first. Only once the Department has assessed the relationship as genuine does it assess the family violence claim. The Department states it understands that gathering this material can be difficult and that there are sometimes delays outside your control, and that it will give more time to submit documents if needed.
The family violence evidence must show two things: that at least part of the violence happened while you were in a relationship with the primary applicant, and that the primary applicant was the alleged perpetrator. All evidence must be in writing, in English, and in the format and level of detail requested.
What counts as family violence evidence?
You can give judicial evidence or non-judicial evidence.
Judicial evidence is a document from a court of law, and one of the listed options is enough: an injunction under the Family Law Act 1975, a court order made under a state or territory law, a record of conviction for a family violence offence against you or your dependant, or a recorded finding of guilt for such an offence. In some situations an interim order meets the threshold; if it does not, you can provide the interim order while waiting for a final outcome, and you must provide a copy of any final order once it is made.
Non-judicial evidence is either a joint undertaking made before the court, or a minimum of two pieces of evidence from the categories below. If you provide two pieces, you must also complete a Commonwealth statutory declaration (Form 1410i). Only one document per category is accepted — a hospital report and a statutory declaration from a medical practitioner are both medical evidence, so they count as one.
| Category | What the document must do |
|---|---|
| Medical | Identify the alleged victim and detail injuries or treatment consistent with family violence |
| Police | Identify the victim, identify or allow inference of the perpetrator, and detail the incidents |
| Child welfare officer | Detail fears for a dependent child's safety and identify or allow inference of the perpetrator |
| Family violence support service | State a claim was made, give a professional opinion on consistency, identify the perpetrator |
| Social worker | State a claim was made, give a professional opinion on consistency, identify the perpetrator |
| Psychologist | State a claim was made, give a professional opinion on consistency, identify the perpetrator |
| Family consultant or relationship counsellor | State treatment or counselling occurred, give a professional opinion, identify the perpetrator |
| Education professional | Give observations consistent with the claims and identify or allow inference of the perpetrator |
Each of these must be made by a person acting in their professional capacity. Other evidence can also be provided, and the decision maker may consider it as part of a whole assessment.
What happens during the assessment?
The Department determines whether the violence, or part of it, occurred while you were in a relationship with the primary applicant and whether the primary applicant was the alleged perpetrator. It may ask for more information to be satisfied that family violence occurred.
If it is satisfied, it may still ask for more — for example, a health examination, or character documents such as an Australian or overseas police certificate. If it is not satisfied, it will refer you to an independent expert, and it will tell you if it has done so. The independent expert contacts you to arrange an interview and gives an opinion on whether you experienced family violence; the Department must accept that opinion. If the opinion is adverse, you are given the opportunity to comment on it. The Department notes this process may take some time.
Where does this leave you if a claim is not available?
Support is not conditional on holding a particular visa. The Department's Where to get help page states that you have a right to feel safe and that support is available regardless of your visa status, with national and state and territory services covering counselling, housing, finances, food, medical needs and legal matters.
Frequently Asked Questions
Can I claim if the 189 or 190 application has not been decided yet?
Yes, the condition is that you applied for or currently hold an eligible visa, so a pending application is covered. The claim is made through the Notification of family violence – Secondary applicants form using your application reference number.
Do I have to still be in the relationship?
No. One of the conditions is that you are no longer in a relationship with the person, and for a secondary applicant claim the perpetrator must be the primary applicant, meaning you are their former partner or spouse.
What if some of the violence happened after we separated?
The evidence must show that at least part of the family violence happened while you were in the relationship. Conduct that occurred only after the relationship ended does not meet that requirement on its own.
Do I need a court order to prove family violence?
No. Judicial evidence is one route and a single qualifying court document is enough, but non-judicial evidence is also accepted — a joint undertaking made before the court, or at least two pieces of evidence from different categories plus a completed Commonwealth statutory declaration.
I was overseas when the application was lodged — am I excluded?
Not automatically. The requirement is that when the visa application was made you were in Australia, or that you entered Australia afterwards. A person who was outside Australia at lodgement and never entered afterwards would not meet this condition.
Could I still be asked for health and character documents?
Yes. Even where the Department is satisfied that family violence occurred, it may request a health examination and character documents such as an Australian or overseas police certificate before a decision is made.