Family Violence and the 116 Carer Visa in 2026: Can a Separated Partner Still Be Included?
Yes — a partner you have separated from can still be included as a secondary applicant on a Carer visa (Subclass 116) application, but only where the relationship ended because of family violence. Clause 116.311 of the Migration Regulations 1994 preserves the place of a spouse or de facto partner whose relationship with the main applicant has ceased for that reason, and clause 116.321 allows the same person to be recognised as a secondary applicant at the time of decision. The Department of Home Affairs' Carer visa (Subclass 116) page, as of July 2026, directs applicants who have experienced domestic or family violence to its Family violence provisions. What follows is general information about how that rule works, not advice on your own circumstances; the current text of the Regulations and the Department's published pages are the authority, and it is worth getting qualified professional help before you rely on any of it.
What does the 116 visa require in the first place?
The Subclass 116 is a permanent visa applied for and decided while the applicant is outside Australia. The main applicant must be the carer of an Australian relative — an Australian citizen, Australian permanent resident or eligible New Zealand citizen — who has a long-term or permanent medical condition and cannot reasonably access the care they need in Australia. The definition of "carer" sits in regulation 1.15AA, and the sponsorship must be approved and still in force at the time of decision.
That structure matters here because a carer application is a family application. A secondary applicant is a member of the main applicant's family — a spouse, de facto partner or child — who is included in the same combined application. Once the couple separates, the normal expectation would be that the partner drops out of the application. The family violence clauses are the exception to that expectation.
What do clauses 116.311 and 116.321 actually say?
At the time of application, clause 116.311 requires a secondary applicant to be a family member of the main applicant and to apply together with them — and it carves out the special case: where the relationship between the main applicant and their spouse or de facto partner has ended because of family violence, that person can still be a secondary applicant.
At the time of decision, clause 116.321 does the same job from the other direction. It is satisfied if the person is a family member of the main applicant and applied with them, or if they are the main applicant's former spouse or de facto partner whose relationship ended because of family violence and who meets the related conditions. The separation itself is therefore not disqualifying; the reason for it is what the decision-maker has to be satisfied about.
How is the family violence claim assessed?
The special rules for family violence sit in Division 1.5 of the Migration Regulations 1994, which sets out how a claim of this kind is made and established, and allows an affected secondary applicant to continue with the visa application. The current legislative text is the only reliable source for what has to be shown, so it should be read directly rather than summarised from memory.
In practice, claims of this kind are usually supported by documents such as police reports, intervention or protection orders, and medical or counselling records, alongside a clear statement of how the relationship ended. Because Division 1.5 is technical and the evidence rules can be strict, it is sensible to check the current requirements on the Department's Family violence provisions page before putting a claim together.
Does the separated partner still need sponsorship, health and character checks?
Yes. Being covered by the family violence exception does not remove the other criteria.
- The main applicant's sponsorship must also cover the secondary applicant (clause 116.312), and the secondary applicant must have a qualifying sponsor at decision (clause 116.322).
- The same public interest criteria apply: 4001, 4002, 4003, 4004 (character), 4005 (health), 4009 and 4010 (biometrics), 4020 and 4021 (no bogus documents or misleading information), plus 4019 (no outstanding government medical debt) if the person is 18 or over (clause 116.323).
- Special return criterion 5001 must also be satisfied at the time of decision (clause 116.324).
The Department's page also reminds applicants that identity documents must be provided, and that health examinations and biometrics may be requested later in processing.
Can the separated partner's children still be included?
They can. Clause 116.321(5) extends secondary applicant status to the family members of a person who qualifies under the family violence provisions, so children who would otherwise travel with that partner are not left behind by the separation. Clause 116.327 confirms that the family members of a family-violence secondary applicant must themselves meet the relevant public interest criteria.
For anyone under 18, additional criteria dealing with child welfare, custody arrangements and parental consent apply — the criteria in the 4015 to 4018 range. The precise mapping depends on the person's circumstances, so the current Regulations should be checked for the individual case.
What if the breakdown happens after the application is already lodged?
Timing is the part that worries people most, and the answer is that the application does not have to collapse. The Department's Carer visa (Subclass 116) page lists changes to marital or de facto status among the things you must tell it about after applying, and it separately points applicants who have experienced domestic or family violence to the Family violence provisions. Changes of this kind can be notified through ImmiAccount once a paper application has been imported, and Form 1023 is the Department's form for correcting answers already given.
The practical point is that silence is risky. A claim that is first raised only when the decision-maker notices an inconsistency is harder to establish than one that is set out clearly and early, with the supporting material attached.
Does the separation affect the main applicant's own case?
It does not change what the main applicant has to prove. The carer requirements — that the Australian relative's condition and care needs meet regulation 1.15AA, that the applicant is willing and able to provide substantial and continuing care, that the sponsorship is approved, and that the public interest criteria are met — remain exactly the same. The Bupa Medical Visa Services certificate for the Australian relative is still required, and if it was not provided at lodgement the Department expects it within three months of applying; without it, the visa will not be granted.
What can change is the composition of the application. The separated partner stays in as a secondary applicant rather than being withdrawn, and the children who travel with them stay in too.
Frequently Asked Questions
Does a separated partner have to keep living with the main applicant?
No. The point of clauses 116.311 and 116.321 is that the relationship has ended. What matters is that it ended because of family violence and that the claim is established under Division 1.5 of the Migration Regulations 1994.
Can the partner be added later if they were not in the original application?
The structure of clause 116.311 is that the secondary applicant applies together with the main applicant in a combined application. A person who was never included is in a different position from one who was included and whose relationship later broke down, and the Regulations should be checked for that scenario.
Does a family violence claim reduce the main applicant's chances?
The criteria are separate. The main applicant still has to satisfy the carer definition, sponsorship and public interest criteria; the family violence provisions operate on the secondary applicant's place in the application, not on the carer assessment.
Does the "outside Australia" rule apply to the separated partner as well?
The Department's page states that the applicant must be outside Australia when applying and when the decision is made, and that travel should not be arranged until the visa is granted in writing. That requirement is stated for the application, and the decision letter will set out the visa start date and the date by which entry must occur.
Can the second instalment be reduced because of financial hardship?
The Department may consider reducing the second instalment to nil if you can show it would cause severe financial hardship to you or to the person you are caring for. It states that it will not reduce the second instalment for anyone applying for the visa with you, and that a request must be made in writing.
Does the separated partner need their own police certificates?
Character documents may be required, but the Department's page says not to arrange police certificates until it asks for them. Health examinations and biometrics are also requested later if they are needed.