Family Violence and the Remaining Relative Visa (Subclass 835) in 2026
A relationship breakdown does not automatically remove someone from a Remaining Relative visa (subclass 835) application. Under the framework set out in the Migration Regulations 1994, a former spouse or de facto partner can still qualify as a secondary applicant through the family violence exception — reflected in clauses 835.311, 835.321 and 835.326 — rather than dropping out of the application when the relationship ends. This is general information about how the rules are framed, not an assessment of what your own application will do — the decision turns on individual facts, and the current official pages, together with a registered migration agent or legal practitioner, are the proper reference points.
Does family violence actually change anything in a subclass 835 case?
It changes one thing specifically: whether a person can continue as a secondary applicant after ceasing to be a partner. Secondary applicants normally have to be members of the family unit of the primary applicant, and partner status depends on the relationship continuing. Clause 835.321 requires that, at the time of decision, the secondary applicant is a member of the family unit of the primary applicant who has been granted the visa, or meets the family violence exception. The exception is the mechanism that keeps the door open; the Regulations place it in Division 1.5, and clause 835.326 adds further public interest criteria for that person's own family members.
The Department's official step-by-step page for this visa lists "if you have experienced domestic or family violence" among the changes you are required to notify, and points to its Family violence provisions information. That page, not the subclass 835 step-by-step, is where the Department sets out how such circumstances are handled.
Who counts as a partner here, and how is that documented?
A partner enters the application through the partner documents the Department asks for: identity documents, character documents, documents about other relationships where relevant, and either a current marriage certificate or enough documents to prove a de facto relationship of at least 12 months before applying. The official page gives examples of de facto evidence — joint bank account statements, billing accounts in joint names, joint leases or mortgages, and documents showing the partner lived at the same address.
Sponsorship works slightly differently. Clause 835.213 allows sponsorship by the Australian relative or by that relative's spouse or de facto partner, provided the sponsor has turned 18, is a settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen, and is usually resident in Australia; a sponsoring partner must also be living with the Australian relative. Policy guidance discusses "settled" by reference to the definition in the Regulations and commonly describes it in terms of a period of residence — treat any specific period as guidance-level and confirm it against current official material, because the visa page itself states the requirement without a number.
What happens to a partner's place in the application when the relationship ends?
Suppose an applicant is included in a subclass 835 application as the de facto partner of the primary applicant, and the relationship ends before the Department decides. In the ordinary course, that person is no longer a member of the family unit, so clause 835.321 is not met and the secondary application cannot succeed. If the circumstances engage the family violence exception, the same clause can still be satisfied through that exception instead.
Two points follow from that. First, timing matters for the record: the official page lists changes to marital or de facto status, and experiencing domestic or family violence, as things you must notify after applying. Second, the exception does not displace the rest of the criteria — clause 835.326 means the family members of a secondary applicant relying on the exception must also meet additional public interest criteria.
For completeness, the official page also sets out who can be included as a dependant: under 18; over 18 but not yet 23 and dependent on the applicant or their partner; or over 23 and unable to earn a living due to physical or cognitive limitations while dependent on the applicant or their partner.
What evidence is involved, and where are the current requirements set out?
The Department's Family violence provisions information is the reference point for what to provide and how to raise it, and the subclass 835 step-by-step page links to it directly. The Regulations and the Department's policy guidance describe the exception as one that requires evidence, and practice-level discussion commonly refers to documents such as court orders and police reports. Because the detailed evidentiary rules sit in the Regulations and that guidance rather than in the subclass 835 visa page, treat any document list as indicative and check it against current official material before relying on it.
Health and character requirements are not switched off by the exception. The official page says police certificates should only be arranged when the Department asks, and that it will tell you if health examinations or biometrics are needed. Policy guidance describes the public interest criteria as applying across the family unit rather than to the primary applicant alone, so a secondary applicant's own position on health and character still counts.
Does the lodgement route change when family violence is involved?
No. The visa is applied for on paper, using Form 47OF Application for migration to Australia by other family members, and the sponsor completes Form 40 Sponsorship for migration to Australia. The form must be completed in English. Payment of the first instalment is made before submission through the online portal payment function in ImmiAccount — the Department states you cannot pay for this visa in person. The application goes by post or courier to the Parent, Child and Other Family Processing Centre in Perth, Western Australia, and only certified copies should be sent; originals should be kept, along with a copy of the completed application.
You must be in Australia when you apply, and the Department states you must be in Australia when it makes its decision — so travel during processing carries risk, and leaving requires a valid visa to return. After lodgement, the acknowledgement letter lets you import the paper application into ImmiAccount using your application ID, date of birth and identity document number, which is how you attach documents, see messages and check status. A bridging visa was granted when you applied: it starts if your current visa would otherwise expire before the decision, and cancelling your current visa would leave you unlawful and ineligible for the bridging visa. The second instalment is payable only once the Department sends an invoice after all other requirements are met. Where an answer on the form turns out to be wrong, Form 1023 Notification of incorrect answers is the mechanism the official page identifies for correcting it; Forms 956 and 956A cover who provides immigration assistance and who receives correspondence.
What must the primary applicant still satisfy either way?
The core tests are unchanged by the exception. Clause 835.212 requires the applicant to be a remaining relative of an Australian relative, and clause 835.221 requires that to continue to the time of decision. Clause 835.222 requires an assurance of support that has been accepted by the Secretary of Social Services; policy guidance associates this with a bank guarantee. Sponsorship must be approved and still in force, and regulation 1.20K limits repeat sponsorship — an Australian relative, or their spouse or de facto partner, who has previously been granted or successfully sponsored someone for a subclass 104, 115, 806 or 835 visa cannot sponsor again.
Where the applicant no longer holds a substantive visa, clause 835.211 points to Schedule 3, including criterion 3002, which is framed around applying within 28 days. Identity carries its own consequence on the official page: if identity cannot be proved, the application can be refused, and the applicant — and family members listed on the application — may not be granted another visa for 10 years. Policy summaries also describe subclass 835 as a capped and queued category, so confirm the current queue and cap position with the Department's published information; the official page states that it cannot provide progress updates within normal processing times.
What if the exception does not apply to the situation?
Then the person is assessed as an ordinary secondary applicant and fails clause 835.321 if they are no longer a member of the family unit. The official page records that an application can be withdrawn through ImmiAccount, and that a visa cannot be granted if the second instalment is not paid. If a visa is refused, the Department says it will tell you in writing why, and whether you have a right to a review of the decision; the application fee is not refunded on refusal. Nothing in this framework guarantees an outcome, and the review pathway is the one stated in the decision letter itself.
Frequently Asked Questions
Can a former partner still be granted a subclass 835 visa after separation?
Yes, but only through the family violence exception rather than as a current partner. Clause 835.321 requires a secondary applicant at the time of decision to be a member of the family unit of the primary applicant, or to meet the family violence exception. Without the exception, the end of the relationship removes the person from the family unit.
Is there a separate application form for raising family violence in a subclass 835 case?
The official step-by-step page does not list a separate visa form for this. It lists experiencing domestic or family violence among the changes you must notify and directs applicants to the Department's Family violence provisions information. The visa application itself is still made on Form 47OF, with the sponsor's Form 40.
Does the primary applicant still have to be a remaining relative?
Yes. Clause 835.212 requires the primary applicant to be a remaining relative of an Australian relative, and clause 835.221 requires that to continue to the time of decision. The family violence exception operates on the secondary criteria; it does not replace the remaining relative test or the sponsorship, assurance of support and public interest criteria that apply to the primary applicant.
Do health and character checks still apply to a secondary applicant relying on the exception?
They do. The official page states that the Department will tell you if health examinations or biometrics are required, and that police certificates should only be arranged when asked. Clause 835.326 adds further public interest criteria for the family members of a secondary applicant who relies on the family violence exception.
What if the relationship breakdown is not reported?
The official page lists changes to marital or de facto status, and experiencing domestic or family violence, as things you must tell the Department about after applying. Separately, the page states that if identity cannot be proved, the Department will refuse the visa application and might not grant the applicant, or any family members listed on the application, another visa for 10 years.
Can I travel outside Australia while the application is being decided?
You must be in Australia when the Department makes its decision, and the official page asks you to tell it if you want to travel while the application is processed. If you do leave, you need a valid visa to return, and the bridging visa granted with the application does not solve that on its own.
Will the fee be refunded if the secondary applicant is refused?
No. The official page states that the application fee is not refunded if the application is refused. It also states that the written decision will explain why the visa was refused and whether there is a right to a review of that decision.