From a temporary Partner visa to PR after relationship breakdown: the family violence route in 2026

How the family violence provisions can keep a permanent residence pathway open for temporary Partner visa holders after the relationship ends.

Published: 10 October 2026

A relationship breakdown does not by itself close the door on permanent residence. As at October 2026, the Australian Department of Home Affairs' Family violence provisions page states that a person who is eligible for the family violence provisions "may be able to stay in Australia on a permanent visa", and the Department's Information for Partner visa sponsors page goes further: when it receives information that a relationship has ended, there "may still be grounds" to grant the visa applicant a permanent Partner visa, and the applicant must be told and given a chance to respond before a decision is made.

This article is general information about how that route is described on the official pages. It is not individual advice about your case, and the current official pages or a qualified professional should be your reference for your own circumstances.

Does the end of the relationship end the permanent residence pathway?

No — but which pathway you are on changes.

The ordinary temporary-to-permanent Partner visa path is built around a relationship that is continuing, and around sponsorship by the partner. Once the relationship stops, that basis falls away. The family violence provisions are a separate basis. On the official page, they are described as a way the Department can help victims of domestic and family violence "regularise their visa status", and the possible outcome is a permanent visa rather than a refusal.

That is the distinction to hold onto: separation removes the sponsorship footing, while the family violence provisions supply a different footing for the same destination.

Which temporary Partner visas can lead to a permanent visa this way?

For Partner visa applicants and holders, the official page lists three entry points:

Visa held or applied for	What the page adds
Temporary Partner (subclass 820)	You hold it, or have applied for it.
Provisional Partner (subclass 309)	You hold it, or have applied for it and entered Australia since applying.
Prospective Marriage (subclass 300)	You hold it or previously held it, and you must be in Australia. If it has ceased, you must also currently not hold a substantive visa and have applied for the Partner (subclasses 820 and 801) visa.

There is one condition specific to this group: for Partner visa applicants and holders, the perpetrator must be the former sponsor of the visa application. It is not enough that the violence was committed by a former partner in general.

Dependent children are covered through a separate mechanism — a dependant of a Partner visa-holding parent who applied under the family violence provisions may be eligible if they have applied for a Dependent Child (subclass 445) visa.

What has to be true for the provisions to apply?

The Family violence provisions page sets out the test as a set of cumulative conditions. All of them need to be met:

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 this person;
you are no longer in a relationship with this person.

Two of these do most of the work in practice. The first is the "part of it" condition: the violence does not have to be confined to the relationship period, but at least part of it must have happened while you were in the relationship. The second is identity: for a Partner visa claim, the alleged perpetrator has to be the former sponsor.

Where does a family violence claim sit in the 820-to-PR sequence?

The Department's Family violence provisions – Partner visa applicants page describes the process in three steps. They run in order, and the middle step has an internal order of its own.

Step 1: Tell the Department your relationship has ended

If you have access to ImmiAccount, use the 'Notification of Relationship Cessation' form in the 'Update Details' tab. The form asks when the relationship ceased with your former sponsor, whether you have experienced family violence, and whether you have children with your former sponsor. If both the family violence and children-of-the-relationship circumstances apply, select both — the application is only automatically removed from all ImmiAccounts if you choose the family violence option.

That automatic removal covers your former sponsor's account and your migration agent's account, although an assisting migration agent or legal practitioner can choose to opt out of the removal of the Partner visa application from ImmiAccount; the sponsorship application is always automatically removed. After submitting, create a new ImmiAccount using an email address your former sponsor cannot access; the Department will then contact you to transfer the application across and will ask for the new username and email address. If you do not have ImmiAccount access, the Partner processing enquiry form is the alternative, and an assisting migration agent or legal practitioner can notify the Department on your behalf.

Step 2: Relationship evidence first, then family violence evidence

This is the sequence many readers get wrong. The Department assesses the relationship first: it must be satisfied that you were in a genuine and ongoing relationship with your former sponsor before the relationship ended. Only "once we have assessed that your relationship was genuine" does it assess the family violence claim.

Both stages may come with a request for information, and the page notes that more time will be given to submit documents if you need it.

Step 3: Assessment, and the independent expert

The Department determines whether the violence, or part of it, occurred while you were in a relationship with your former sponsor, and whether your former sponsor was the alleged perpetrator.

If the Department is not satisfied that family violence occurred, it refers you to an independent expert. The expert contacts you to arrange an interview, then gives an opinion on whether you have experienced family violence, and the Department "must accept the independent expert's opinion". If the opinion is negative, you get an opportunity to comment on it. If it is positive — or if the Department was satisfied without a referral — you may be asked for more, such as a health examination or character documents including an Australian or overseas police certificate.

What counts as family violence evidence?

The Family violence evidence page requires all evidence to be in writing, in English, and in the format and level of detail requested. Whatever form it takes, it must show two things: at least part of the family violence happened while you were in a relationship with your former partner or spouse, and that person was the alleged perpetrator.

Judicial evidence is a document from a court of law. You need only one of: a court 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(s); or a recorded finding of guilt for such an offence. An interim order may meet the threshold in some situations; if it does not, you can submit it while awaiting the final outcome, and you must supply the 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 plus a completed Commonwealth statutory declaration form. If you go the two-piece route, only one document per category counts — a hospital report from a nurse and a statutory declaration from a medical practitioner are both medical evidence, so they count as one.

Evidence source	What the document must do
Medical	Identify the alleged victim and detail injuries or treatment consistent with family violence.
Police	Identify the victim, identify the perpetrator (or allow it to be reasonably inferred), and detail the incident(s).
Child welfare officer	Detail fears for a dependent child's safety from family violence in the household, and identify the perpetrator.
Family violence support service provider	State that a claim was made, give a professional opinion on consistency with family violence, and identify the perpetrator.
Social worker	Same three elements as a support service provider.
Psychologist	Same three elements.
Family consultant or family relationship counsellor	State that the victim was treated or counselled, plus the opinion and identification elements.
Education professional	State observations consistent with the claims, detail them, and identify the perpetrator.

Each of these must be made by a person acting in their professional capacity, and the listed document types are reports, letters, risk assessments (where listed), witness statements (police) or statutory declarations.

What if the sponsor withdraws sponsorship?

Withdrawal is not a veto. A sponsor can withdraw through the Partner processing enquiry form, and after that, privacy law stops the Department from giving the sponsor any details about the application, the applicant, the outcome, or whether the applicant is in Australia.

More importantly for your planning, the Department says there may still be grounds to grant a permanent Partner visa, that it must tell the visa applicant when it receives information that a relationship has ended, and that the applicant gets a chance to respond before a decision is made.

Does visa status affect your right to be safe?

No. Both the Family violence provisions page and the Where to get help page state this in plain terms: you have a right to a safe environment — or to feel safe — regardless of your visa status, and you do not have to stay in a relationship where you fear for your or your family's safety. Support is available whether or not you are eligible for the provisions.

If you are worried about being traced online, the official pages recommend private browsing mode or clearing your browsing history, and note that helpline numbers will still appear on a phone bill.

Frequently Asked Questions

Can I still get permanent residence if my Partner visa relationship ends but there was no violence?

The family violence provisions require that you have experienced family violence, so they do not apply to a separation without violence. The official pages do not describe a general permanent residence route for a Partner visa applicant whose relationship has simply ended, so that situation should be checked against the current visa pages.

Does all of the violence have to have happened during the relationship?

No. The requirement is that the family violence, "or part of it", occurred during your relationship with that person. Violence that continued or recurred after separation does not disqualify a claim, but there must be a component inside the relationship period.

Who has to be the perpetrator for a Partner visa claim?

The perpetrator must be your former partner or spouse, and for a Partner visa applicant or holder specifically, the former sponsor of the visa application. Violence by someone else — including an Australian sponsor in the Family visa context, which the page expressly excludes — does not meet the test.

What happens if the Department does not believe my family violence claim?

The matter is referred to an independent expert, who interviews you and gives an opinion. The Department must accept that opinion. If the opinion is that family violence did not occur, you are given an opportunity to comment on it before matters proceed.

Can I use two documents from the same source, such as two medical reports?

No. For non-judicial evidence you can give only one document from each category, and the minimum is two pieces from different categories plus a Commonwealth statutory declaration. Two medical items, for example, would count as one piece.

How long do I have to gather the evidence?

The official pages do not set a fixed deadline. They state that the Department understands gathering this material can be difficult and that there are sometimes delays outside your control, and that more time will be given to submit documents if you need it.