Family Violence and the Remaining Relative (115) Visa in 2026

A secondary applicant on a Remaining Relative (Subclass 115) application does not automatically lose the visa when the relationship with the main applicant breaks down. Where the breakdown is attributable to family violence, that person can remain in the application and still be granted the visa — the exception is written into clauses 115.311, 115.312, 115.321 and 115.327 of the Migration Regulations 1994. The Australian Department of Home Affairs' Remaining Relative visa (Subclass 115) official page, as at October 2026, separately directs applicants who have experienced domestic or family violence to the Department's family violence provisions information. What follows is general information about how those criteria fit together, not personalised advice about any individual case; any decision should be tested against the official information currently published and against professional advice.

Where does the family violence exception actually sit?

The default rule is relational. Clause 115.311 requires a secondary applicant to be a family member of the main applicant and to apply together with them, and clause 115.321 repeats that requirement at the time of decision. Once a marriage or de facto relationship ends, that limb disappears.

The exception rebuilds it at both ends:

• Clause 115.311 (time of application) also covers a former spouse or former de facto partner of the main applicant whose relationship broke down because of family violence.
• Clause 115.321 (time of decision) is satisfied in one of three ways: the person is a family member of the main applicant and applied with them; the person is the main applicant's former spouse or former de facto partner and the relationship broke down because of family violence; or the person is a family member of that former spouse or de facto partner.
• Clause 115.226, which requires the main applicant's family members to meet the public interest and special return criteria, is the clause carrying the same exception on the main applicant's side.

To make it concrete, take a hypothetical: suppose a secondary applicant's de facto relationship with the main applicant ends after the application is lodged but before a decision is made. Without the family violence limb, that person is no longer a family member and falls outside clause 115.321. With it, the question shifts from "is the relationship still on foot?" to "did it end through family violence?"

What does it take to come within the exception?

The condition attached at both stages is the same in substance: the relationship must have broken down because of family violence. Proof of separation on its own is not the test.

How family violence is established is dealt with under Division 1.5 of the Migration Regulations 1994, and the practice guidance is to follow that Division strictly when the exception is relied on. The documentary examples given in practice guidance are court orders or judgments, police reports, and medical or doctor's certificates — evidence of the violence itself, collected and kept together, rather than a narrative of the separation.

Does the secondary applicant still need a sponsor?

This is where the exception helps, and where it stops helping.

At the time of application, clause 115.312 requires the main applicant's sponsorship to be in force and to cover the secondary applicant — and then exempts the family violence secondary applicant from that requirement.

At the time of decision, clause 115.322 still requires the secondary applicant to be sponsored by the main applicant's Australian relative, or by that relative's spouse or de facto partner, with the sponsorship approved and still in force.

So the exemption lifts the need to be carried on the main applicant's sponsorship. It does not remove sponsorship altogether. Two constraints matter in practice here:

• Who can sponsor. The procedures guidance limits an eligible sponsor to a parent, sibling, step-parent or step-sibling of the applicant, or the spouse or de facto partner of one of those people. Aunts, uncles, cousins and grandparents are not eligible sponsors.
• How many times. Under regulation 1.20K, a person — or their spouse or partner — who has already successfully sponsored a 104, 115, 806 or 835 visa cannot sponsor again in these categories.

The Department's official page sets the baseline for any sponsor: aged 18 or over, and a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen, using Form 40 Sponsorship for migration to Australia.

What else does the secondary applicant still have to clear?

The exception touches the relationship limb only. Everything else stays in place:

• Clause 115.323 — the public interest criteria: 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021, plus 4019 where it applies.
• Clause 115.324 — special return criteria 5001 and 5002, where they apply.
• Clause 115.325 — an assurance of support, either by inclusion in the main applicant's assurance of support or a separate one of their own.
• Clause 115.326 — where the secondary applicant is under 18, criteria 4017 and 4018.

PIC 4001 (character), PIC 4005 (health) and PIC 4020 (no false or misleading information) are the ones most often decisive in the family stream, together with the health and character assessments that sit behind them. SRC 5001 and 5002 deal with whether the person has had a visa cancelled or been removed from Australia, or has been unlawfully in Australia or breached a visa condition.

There is a reason this extends beyond the individual. The procedures guidance describes the family unit test in collective terms: the main applicant cannot be granted the visa unless every family member who is an applicant meets the public interest and special return criteria, and every family member who is not an applicant meets the public interest criteria — subject to clause 115.226A, where the Minister may consider it unreasonable to require that assessment. An unresolved character or health problem for the family violence secondary applicant can therefore still bring down the main applicant's case.

What happens to the secondary applicant's own children?

Two limbs cover them.

Clause 115.321's third pathway lets a family member of the family violence secondary applicant qualify in their own right, so children are not left tied to the main applicant's household. Clause 115.327 then requires those family members to meet the corresponding public interest criteria and special return criteria.

On the evidence side, the Department's page asks for identity documents and proof of the relationship for each dependant under 18, and character documents where relevant. For a dependant aged 18 or over, the page sets dependency tests — under 18, or over 18 but not yet 23 and dependent, or over 23 and unable to earn a living because of physical or cognitive limitations and dependent — and asks for proof of dependency. Where under-18 applicants are involved, the procedures guidance also flags custody and access: a grant should not cut across another person's custody or access rights.

What does the Department expect you to report, and when?

The official page lists what has to be reported after lodgement. Changes to marital or de facto status are on that list. The birth of a child is on that list. The page also carries a specific pointer: applicants who have experienced domestic or family violence are directed to the family violence provisions information.

In order:

1. Record the date the relationship ended.
2. Gather the violence evidence into one place.
3. Notify the change in marital or de facto status.
4. Correct any earlier answer that is now wrong, using Form 1023 Notification of incorrect answers.
5. Wait for the written grant before arranging travel.

The last point is not a formality. The official page states that the applicant must be outside Australia when applying and when the decision is made, and that travel to Australia should not be arranged until the Department has given written notice of the grant.

What if the decision-maker is not satisfied?

Two safeguards appear in the procedures guidance.

First, section 56 of the Migration Act: where the decision-maker has information that is adverse or insufficient, the applicant should be given the chance to provide more information before a refusal.

Second, the natural justice letter. Where a refusal is contemplated, the decision-maker is expected to set out the specific problem in writing and allow a reasonable time to respond; the guidance refers to a response period commonly in the range of 14 to 28 days.

The situations listed as commonly triggering that letter include undisclosed overseas near relatives, sponsor eligibility problems, a change in family composition, doubts about whether a relationship is genuine, and public interest criteria problems. The guidance also describes an interview as a required step for testing the remaining relative claim, which is where a family composition account is usually probed.

If the application is refused, the Department gives the reasons in writing and states whether there is a right to a review of the decision, and the application fee is not refunded.

Where does the exception stop?

• It does not create a new main applicant. The main applicant still has to satisfy the remaining relative definition in regulation 1.15 at the time of application (clause 115.211) and at the time of decision (clause 115.221), including the near relatives of a spouse or de facto partner.
• It does not relax health, character, assurance of support or special return criteria. Clauses 115.323, 115.324 and 115.325 apply as they would to any other secondary applicant.
• It does not change the offshore character of the visa. Subclass 115 is applied for and decided on while the applicant is outside Australia, and the main applicant's sponsorship must remain in force throughout, subject to clause 115.222, which allows a change of sponsor before decision provided the new sponsor fits the clause 115.212 description.
• It does not change the fee structure. The official page describes a first instalment payable when applying and a second instalment payable once invoiced, and states that the fee is not refunded on refusal.

Frequently Asked Questions

Can a Subclass 115 secondary applicant still be granted the visa after separating from the main applicant?

Yes, where the breakdown is attributable to family violence. Clause 115.321 allows the person to qualify as the main applicant's former spouse or former de facto partner in that situation. Without the family violence element, the person would no longer meet the relationship limb and would fall outside the criteria.

Does the family violence exception remove the sponsorship requirement?

Only in part. Clause 115.312 exempts the person from the requirement that the main applicant's sponsorship cover them, but clause 115.322 still requires sponsorship by the main applicant's Australian relative, or that relative's spouse or de facto partner, at the time of decision.

What kind of evidence establishes family violence for these purposes?

Division 1.5 of the Migration Regulations 1994 governs how family violence is established for migration purposes. Practice guidance points to documentary evidence of the violence — court orders or judgments, police reports, and medical or doctor's certificates — rather than evidence of separation alone.

Can the children of a family violence secondary applicant still be included?

Yes. Clause 115.321 includes a family member of the former spouse or de facto partner as a qualifying pathway, and clause 115.327 requires those family members to meet the same public interest and special return criteria. Identity documents, proof of relationship and, for dependants 18 or over, proof of dependency are also required.

Does the family violence exception affect health or character checks?

No. Clauses 115.323 and 115.324 still require the public interest criteria and the special return criteria to be met. Because the family unit is assessed collectively, an unresolved health or character issue for the secondary applicant can also affect the main applicant's outcome.

Do I have to tell the Department about the separation?

The official page lists changes to marital or de facto status among the things to report after applying, and separately directs applicants who have experienced domestic or family violence to the family violence provisions information. Form 1023 Notification of incorrect answers is the form identified for correcting answers already given.

What happens if the decision-maker does not accept the family violence claim?

The procedures guidance describes a natural justice letter setting out the specific concern and allowing time to respond, with a response period commonly in the range of 14 to 28 days. If the application is refused, the Department gives written reasons and states whether the decision can be reviewed.

References

Department of Home Affairs — Remaining Relative visa (Subclass 115)

Federal Register of Legislation — Migration Regulations 1994