Family Violence and Its Effect on Visa Status
Family violence relates to Australian migration in two completely different ways: the effect on a person who commits violence, and the protection of a person who is a victim of violence.
The Effect on a Person Who Commits Violence
Family violence (domestic violence) is a criminal act in Australia. If convicted:
- Depending on the sentence, it may breach the character test (especially if sentenced to 12 months’ imprisonment or more)
- The DHA may consider cancelling the visa under Section 501
- Even without a conviction, the DHA may consider violent conduct as a character factor
For permanent residents and citizens, serious family violence can lead to removal from Australia.
Protecting Victims of Family Violence on a Visa
Australia has a special protection mechanism for people on a temporary visa who experience family violence:
For a partner visa (820/801): A victim of family violence may still be granted permanent residence without having to continue proving the relationship with the sponsor. This is known as the “family violence provision.”
For subclass 482 and other temporary visas: A victim may apply for a bridging visa to maintain lawful status while seeking another visa option.
Reporting Family Violence While on a Visa
Many people are afraid to report violence for fear of losing their visa. The DHA and the Australian Government actively encourage victims to report:
- Reporting violence does not adversely affect a victim’s visa status
- Australian police do not report visa status when responding to an incident of violence
Emergency Support in Australia
If you are in a situation of family violence:
- 1800RESPECT (1800 737 732): the national 24/7 support line
- 000: police in an emergency
Community organisations in major states may also be able to help with migration advice in this situation.
Advice for the Community
Do not let fear about a visa stop you from seeking safety. The Australian legal system is designed to protect victims, not to punish them for reporting.