On the path to pursuing a better life in Australia, many people begin a new journey through the partner visa. But did you know? During this process, if you encounter a relationship breakdown — particularly when facing family violence, physical control, threats, financial coercion and other difficult situations — how should you respond? Will the end of the relationship leave you worrying about whether you can still obtain permanent residency?

If you are in a spousal or de facto relationship with an Australian citizen or similar, a partner visa allows you to remain in Australia. However, life is unpredictable, and relationships can sometimes break down, leaving people feeling anxious. If you hold a partner visa and your relationship with your Australian partner or your de facto relationship comes to an end, there are several important options available:

First, you must notify the Department of Home Affairs by completing Form 1022 and returning it via email or another method.

Even if the relationship has broken down, you may still be eligible for a permanent visa if any of the following apply:

· You experienced family violence from your sponsor during the relationship.

In Australia, the definition of family violence is broad, and includes:

Physical violence (such as hitting, kicking, pinching, restraining and other acts that directly cause bodily harm)

Sexual violence (forcing sexual acts against the person’s will, or using threats or intimidation during sexual activity)

Psychological and emotional abuse (prolonged verbal abuse, belittling, threats, intimidation, controlling social activities, deliberate isolation, and similar conduct)

Economic control (controlling household finances, limiting access to income, preventing the person from working, or dictating spending)

Stalking and harassment (persistently tracking the person’s movements, or frequently harassing them at work or in their daily life)

Any conduct that causes you to fear for or be concerned about your health and safety counts as family violence — not only physical violence, but also psychological and emotional abuse, financial coercion, and more. You must prove that the relationship has broken down and that the family violence occurred before the relationship ended; if you are still living together, you must prove the relationship has in fact ended. If the Department of Home Affairs is satisfied that the relationship was genuine and that family violence occurred, and you also meet the health and character requirements, you can be granted permanent residency.

When proving family violence, both judicial evidence (for example, evidence that the perpetrator was found guilty of an offence) and non-judicial evidence (such as medical reports) are acceptable. Note, however, that non-judicial evidence must consist of at least two separate items and must be accompanied by a statutory declaration. Where judicial evidence is provided, the Department of Home Affairs must accept that family violence occurred; non-judicial evidence, on the other hand, is assessed by the Department. If the Department finds that family violence did not occur, your permanent residency application may be refused, or the matter may be referred to an independent expert for decision.

· You have a child from the relationship.

If there is a child of the relationship, and you share custody or your former partner has a responsibility to provide support, you can provide evidence such as the child’s birth certificate to establish the parental relationship.

· The sponsor has passed away.

If the sponsor has passed away and you can demonstrate that the relationship would have continued had it not ended, you may still be eligible for permanent residency.

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Even if none of the situations above apply to you, don’t lose heart — you can still apply for an alternative visa.

If none of the above circumstances apply but you still wish to remain in Australia, you will need to apply for a back-up visa. We recommend consulting a professional to determine the best pathway for your situation.