family violence

Offshore partner visa applicants can now access family violence provisions or other pathways to continue to receive their permanent residency even if their relationship breaks down. 

Migration Amendment (Subclass 100 and Subclass 309 Visas) Regulations 2022 makes amendments to allow certain offshore partner visa applicants to continue to be granted their visas in Australia under the COVID-19 concessions even if their relationship breaks down. 

Under what circumstances can their visa be granted? 

  1. If the sponsor has died; or 
  2. If either the applicant or a member of the family unit has suffered domestic and family violence; or 
  3. If the applicant and sponsor share custody, formal maintenance obligations or access rights to at least one child 

Even if your relationship breaks down, you can still be granted both the subclass 309 and subclass 100 visa. 

What are the benefits? 

Previously, family violence provisions (and the other pathways) were only available to onshore partner visa applicants and subclass 309 visa holders.

This means they must have been granted the subclass 309 visa outside of Australia then entered Australia as a subclass 309 visa holder before they could continue to be granted with a permanent partner visa (subclass 100) even if their relationship breaks down. If their relationship ceases before the subclass 309 visa is granted or before they enter Australia then they lose their entitlement to the permanent visa. 

Current provisions ensures that applicants granted the subclass 309 visa in Australia during the COVID-19 concessions would still be able to access a pathway to permanent residence even if their relationship breaks down. 

At Brightstone Migration, we take all applications seriously. If you have suffered from family violence or if your relationship has broken down for other reasons, please contact us to see how we can assist you. 

Book in a consultation with one of our lawyers today to find out more. BOOK A CONSULTATION

Was this article helpful?

Yes
No
Thanks for your feedback!

    Tell us about your issue, we are here to help you









    Our expert lawyers who will help you

    We are a leading migration agency law firm located in Sydney, Australia. Contact our lawyer & consultants for immigration, work, business, or other related visa requirements & queries.

    Mei Guo

    Partner Solicitor | Head of Immigration
    We are a leading migration agency law firm located in Sydney, Australia. Contact our lawyer & consultants for immigration, work, business, or other related visa requirements & queries.

    Amy Sun

    Graduate Solicitor

    Need to consult with us? Book an appointment today.

    Our team will give you expert advice that has been specifically tailored to your case.

    Successful Cases

    Related news

    。 (6)
    500 visa Student visa

    Shifting Immigration Landscape: How Ministerial Direction No. 111 Redefines Processing Priorities for International Students

    2025/04/14 | BL Migration Team
    In a significant change to Australia’s student visa processing framework, the Australian Government has officially revoked Ministerial Direction No. 107...
    READ MORE
    482 and 186 Visa Changes
    186 Visa 482 Visa Work Visa

    2025 Major Changes to Australia’s 482 and 186 Visas: What Skilled Workers Need to Know!

    2025/04/10 | BL Migration Team
    Australia’s skilled migration system continues to evolve, providing new opportunities for foreign workers and employers alike. Key updates to the...
    READ MORE
    Increase SID Visa Income Thresholds from 1 July 2025
    482 Visa SID Visa Work Visa

    Increase Skilled Visa Income Thresholds from 1 July 2025

    2025/04/04 | BL Migration Team
    The Department of Home Affairs has announced that the income thresholds for skilled visa holders will be indexed annually from...
    READ MORE

    How we will help

    Free Assessment

    Please call us or fill in the questionnaire here for a free initial assessment. After a simple communication, we will understand your concerns and visa requirements in detail, and then provide a timely and comprehensive professional consultation with tailor-made plans.

    Consultation

    Our consultations are typically 45-60 minutes long, which allows us to provide you with a detailed strategy to address the needs and concerns you raised with us during the initial call.

    Our fee is $400 + GST for the full session. You can book in a consultation by calling us, emailing us or filling in the Contact Us form.

    Developing and Managing a Strategy

    During our consultation session, we will go through in more detail your background and circumstances to ensure that we can provide a tailored solution to your problems and making sure that you meet all the legal requirements. If we notice any potential issues, we will also immediately formulate a solution.

    We’ll also balance time required, cost and difficulty and allow you choose the most appropriate strategy. We will then attend to all visa application matters on your behalf.

      Tell us about your issue, we are here to help you









        Subscribe to our Newsletter

        You will receive the latest immigration news and policy updates. You will also get the notification of
        our upcoming webinars & events