If you are married to or in a de facto relationship with an Australian citizen/permanent resident partner and you are not an Australian citizen/permanent resident, you can apply for a partner visa to become a permanent resident in Australia. These are the 820/801 and 309/100 partner visas.
It’s best if you and your partner stay together for a long time, but if you don’t, you’ll separate. And if you separate before the final 801/100 visa is granted, the visa applicant will not be able to become a permanent resident through this route. However, if your Australian citizen/permanent resident partner attacks you, you do not have to endure that violence for the sake of your visa.
To prevent the spread of family violence, the Australian Government provides a pathway for partner visa applicants to separate from their abusive partner and obtain permanent residency, provided the partner’s family violence has been properly established by a court or other relevant authority.
Family violence includes physical, emotional and property violence, and even if you have not been physically abused, it is advisable to report any incidents of family violence by your partner to “000” for the record. The definition of family violence for immigration purposes is broad enough to include physical/mental threats, intimidation to the visa applicant or their family, and destruction of property.
Therefore, if you, as a partner visa applicant, have been subjected to family violence by your partner after applying for a partner visa and you feel that you can no longer maintain your marriage/de facto partnership, please contact us immediately after first reporting the incident to “000”. We will be happy to assist you in continuing with your visa application.
