Family violence provisions
If the relationship ended because of family violence by the sponsor against the applicant, the application can continue to permanent visa grant. Detailed evidence required.
Family Violence Provisions · Death of Sponsor · Child of Relationship
Not every relationship survives the partner visa wait. The rules differ based on why it ended.
When a couple separates before the permanent visa is granted, the outcome depends on which stage the relationship ended at, whether there are children, whether family violence occurred, and whether the applicant qualifies for one of the provisions that allow the application to continue despite separation.
Four provisions that allow continuation
Separation alone usually ends the application. But exceptions exist.
Migration law recognises that some relationships end for reasons that should not affect the applicant's migration prospects.
Death of sponsor
If the sponsor dies before the permanent visa is granted, the application can continue subject to the applicant showing the relationship was genuine at the time of death.
Child of the relationship
If there is a child of the relationship, the applicant may qualify for continuation. Child needs to be a dependent or child of both parties.
Standard separation
Without one of the provisions above, separation usually ends the application. Withdrawal or refusal follows.
Family violence provisions
The most protective pathway.
Family violence provisions exist specifically to prevent migration outcomes being weaponised against victims. They are real and they apply.
Non-judicially determined evidenceTwo statutory declarations from prescribed categories (psychologist, counsellor, medical practitioner, police, social worker) confirming family violence. Plus a statutory declaration from the applicant.
Judicially determined evidenceCourt orders, AVOs, intervention orders, or conviction records also establish family violence.
Family violence at stage two (801)Provisions apply at both 820 stage and 801 stage. Applicant does not need to remain in the relationship to transition from 820 to 801 if family violence occurred.
Confidentiality protectionsEvidence is handled with care. Support services and legal representation matter. Our team coordinates with support services in this scenario.
Death of sponsor and child of relationship
Less common but significant provisions.
These pathways apply in specific circumstances and allow the application to continue to permanent grant.
Death of sponsor
Relationship must have been genuine at the time of death. Evidence of the continuing relationship up to death is required. Timing matters significantly.
Child of relationship
Applicant must have custody, access, or financial responsibility for a child of both parties. Child can be biological, adopted, or step in some cases.
Withdrawal option
If no provision applies and separation is clear, withdrawing the application avoids a refusal record. Sometimes the better option.
Family violence provisions apply whether or not the applicant continues with a permanent visa claim.
Some applicants remain eligible for permanent residency through the provisions even after leaving the sponsor. The provisions are designed to protect victims from migration coercion. If family violence has occurred, specialist advice and support are the priority. Our Immigration Lawyer Prateek Maan coordinates with family law and support services.
Common questions
The questions we hear most.
For relationship end matters, book with Neha Sharma or Prateek Maan.
I left the relationship because of family violence. Can my visa continue?
Yes, under the family violence provisions, the partner visa can continue to grant. Evidence requirements are specific. Specialist legal preparation is important and sensitive.
My sponsor died before the 801. What happens?
The application can potentially continue if the relationship was genuine at the time of death. Evidence of the continuing relationship up to death is required.
We separated amicably before decision. What should I do?
Without a provision, the application usually cannot continue. Withdrawal may be the cleanest option, though other pathways should be assessed.
Can I lodge a fresh partner visa with a new partner?
Yes, subject to eligibility. Prior sponsorship or relationship history may affect the new application. See sponsorship limits.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.