Extending Domestic Violence Provisions Beyond the Partner Visa: A New Chapter of Support for Migrant Victim-Survivors

For many years in Australia, domestic and family violence (DFV) provisions under migration law were almost exclusively linked to Partner and Prospective Marriage visas. As noted on the Department of Home Affairs webpage on Family Violence Provisions, applicants in these visa categories could continue seeking permanent residence if their relationship broke down due to violence by their sponsoring partner.

However, new commitments announced have broadened this safety net considerably. The Government has extended critical protections and financial support to a far wider range of visa holders, ensuring anyone in Australia experiencing domestic or family violence has avenues to remain safe—regardless of their specific migration status.

There is also a commitment to extend this to further visa subclasses in the near future.

Below, we explore the previous scope of DFV protections, the recent policy shift, and the new Leaving Violence Program, slated to begin on 1 July 2025.

1. Previous Scope of the Family Violence Provisions

Historically, the Australian migration framework allowed certain visa holders to remain lawfully in Australia if they experienced domestic or family violence. These provisions applied to:

1. Partner (Subclasses 309, 100, 820, 801)
   Individuals who had lodged or held a Partner Visa could still proceed with their permanent residency application if the relationship ended due to violence.
2. Prospective Marriage (Subclass 300)
   Fiancés of Australian citizens or permanent residents could potentially still obtain a Partner Visa if the relationship broke down because of family violence, in certain circumstances.

Under these rules, victim-survivors had to provide evidence of abuse and demonstrate that the relationship was genuine until it broke down because of family violence. While groundbreaking in its time, this approach left countless visa holders and applicants vulnerable if they experienced violence.

2. The Shift: Expanding Protection to All Visa Holders

The Government revealed a game-changing commitment to extend DFV protections to other permanent visa subclasses. This is a significant departure from the long-standing limitations and acknowledges that the risk of abuse does not discriminate based on visa categories.

Who Is Covered Now?

With the new approach, if you experience domestic violence in Australia, inflicted by a Primary Applicant on a visa application that you are part of, you can seek to still be granted the visa, even if the relationship ends, if you are applying for one of these permanent visas:

Skilled visas

• Business Talent (subclass 132) visa
• Employer Nomination Scheme (subclass 186) visa
• Regional Sponsored Migration Scheme (subclass 187) visa
• Skilled – Independent (subclass 189) visa
• Skilled – Nominated (subclass 190) visa
• Permanent Residence (Skilled Regional) (subclass 191) visa
• Pacific Engagement (subclass 192) visa
• Global Talent (subclass 858) visa
• National Innovation (subclass 858) visa
• Skilled – Regional (subclass 887) visa
• Business Innovation and Investment (subclass 888) visa

Family visas

• Parent (subclass 103) visa
• Remaining Relative (subclass 115) visa
• Carer (subclass 116) visa
• Contributory Parent (subclass 143) visa
• Aged Parent (subclass 804) visa
• Remaining Relative (subclass 835) visa
• Carer (subclass 836) visa
• Contributory Parent (subclass 864) visa

In short, the policy no longer ties DFV solely to Partner or Prospective Marriage Visas.

3. Introducing the Leaving Violence Program

A Major Budget Commitment

Alongside extending DFV provisions to more visas, the Government has allocated $925.2 million in the next financial year’s budget to establish the Leaving Violence Program, which will start on 1 July 2025. The Women’s Budget Statement highlights the core pillars of this new, permanent initiative:

“This program will provide critical support to victim-survivors of intimate partner violence, including migrants regardless of visa status, through individualised financial support packages of up to $5,000 which will be indexed annually to keep pace with the cost of living.”
(Women’s Budget Statement, p. 18)

How It Will Work

1. Financial Packages
   Victim-survivors can receive up to $5,000, indexed annually for inflation, to cover urgent needs such as rent, bond, utility bills, essential medical care, or counselling.
2. Inclusivity
   Any individual on Australian soil—regardless of whether they hold a temporary, bridging, or visitor visa—can seek help if they experience intimate partner violence.
3. Supporting Independence
   Often, financial dependence prevents victim-survivors from leaving abusive situations. The Leaving Violence Program directly tackles this barrier by providing critical funds for housing, relocation, and living expenses.
4. Wraparound Services
   Although still under design, the program is expected to link victim-survivors with legal services, caseworkers, and healthcare professionals, ensuring a comprehensive pathway to safety and long-term stability.

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4. The Importance of These Changes

1. Closing the Protection Gap
   By moving beyond the scope of Partner and Prospective Marriage Visas, the Government is addressing one of the most significant vulnerabilities in current migration regulations. Now, international students, temporary workers, and other visa holders are no longer forced to risk deportation or the loss of legal status if they come forward to report abuse.
2. Encouraging Help-Seeking
   When people believe they have no options for staying in Australia independently, they may be less likely to report violence. The expanded DFV provisions and financial support empower more victim-survivors to seek assistance without fear of losing their visa status.
3. Supporting Social Cohesion
   This new approach aligns with broader social justice and human rights values. It sends a clear message thatno one should be left unprotected from domestic violence, and that every person—regardless of nationality or visa category—deserves access to safety and support.
4. Reducing Long-Term Harm
   Providing adequate financial and social support at the crisis point can significantly reduce the long-term impacts of domestic violence. By helping individuals leave unsafe environments promptly, the program helps mitigate the deeper health, legal, and economic consequences of prolonged abuse.

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5. Practical Steps for Migrant Victim-Survivors

While the Leaving Violence Program officially starts on 1 July 2025, there are current supports and legal mechanisms in place. If you or someone you know is experiencing domestic or family violence:

1. Seek Immediate Safety
   Contact emergency services if you are in danger. For counselling or DV-specific support, reach out to 1800RESPECT (1800 737 732).
2. Talk to a Support Organisation
   Many community legal centres, migrant resource centres, and DV advocacy groups can provide urgent assistance, including safe accommodation and referrals to specialised services.
3. Understand Your Visa Options
   Check the Department of Home Affairs webpage on Family Violence Provisions to see how current rules might help you if you’re on a Partner or Prospective Marriage Visa. Keep track of government announcements to learn more about the expanded protections that will apply more broadly after 1 July 2025.
4. Document the Violence
   Collecting evidence (police reports, medical records, statements from counsellors) may strengthen your case in seeking visa protection or applying for the new Leaving Violence Program once it begins.

6. Looking Ahead

An expansion of domestic violence provisions to cover all visa applicants would be welcome. This expansion still leaves students and applicants for temporary work visas such as 482 SID, 407 Training Visa and 494 Regional Employer Visas, without an option to stay if they have suffered domestic violence. But it’s a welcome start.

Super important to point out that regardless of visa status, the Leaving Violence Program is available.

What to Expect

• Further Implementation Details: Over the coming months, more guidelines will clarify how victim-survivors on various visas can access the $5,000 financial support package and associated services.
• Coordination with Current Provisions: Policymakers are expected to integrate the new framework with existing Family Violence Provisions for Partner/Prospective Marriage Visas, ensuring consistency and fairness.
• Community Engagement: Migrant resource centres, domestic violence organisations, and legal aid providers will be key partners in delivering these services and ensuring vulnerable groups know about their expanded rights and protections.

References & Further Reading:

• Department of Home Affairs: Family Violence Provisions
• Women’s Budget Statement (Upcoming Financial Year), p. 18.
• Various domestic violence advocacy and support services (e.g., 1800RESPECT)