Family Violence Provisions and Partner Visa 100 in 2026: Can You Still Get PR?

Updated 2026-10-12 · General information, not migration advice · Run by the Arrivau team

Yes — ending the relationship does not automatically end your path to permanent residence. As at October 2026, the Australian Department of Home Affairs' official page for the Partner (Migrant) visa (Subclass 100) states that you might still be eligible for the permanent visa if your relationship ends, or your partner dies, before it is granted, and that where you are experiencing domestic and family violence the Department may be able to help and you may still be eligible for the grant of your permanent visa.

Read the rest in the order the decision gets made: whether you are still eligible at all, when you will be assessed, what has to be true regardless of the relationship, and how to keep your correspondence away from the person you left.

Can you still be granted the subclass 100 after the relationship ends?

The ordinary rule on that page is strict: you must continue to be the spouse or de facto partner of the same person who sponsored you for the temporary Partner visa. The page immediately qualifies it, though. It sets out two carve-outs — you might still be eligible if your relationship ends, or if your partner dies, before the permanent visa decision is made — and then deals separately with violence, stating that the Department may be able to help and that permanent residence may still be granted.

Two things follow from the wording. First, the language throughout is "might" and "may": this is a pathway that gets assessed, not an approval that switches on by itself. Second, you still have to be in the pipeline to begin with, meaning you hold a Partner (Provisional) (subclass 309) visa or a Dependent Child (subclass 445) visa. Nothing on the page suggests people without one of those can reach the visa this way.

Where are the family violence rules actually written?

The subclass 100 page states the outcome but not the machinery. It does not set out how a claim is assessed or what evidence supports one; for that it refers applicants to the Department's dedicated material on domestic and family violence and your visa (the family violence provisions), which is where those requirements live. Because that material is maintained separately and is updated from time to time, anything that turns on your own circumstances should be checked against what the Department currently publishes there, alongside advice from a qualified professional — this article is general information drawn from official pages, not advice about your individual case.

One assurance does appear on the subclass 100 page itself, in the same section covering relationships that end: all information you provide is confidential. That statement is aimed squarely at the fear that stops people from saying anything at all — that reporting what happened will be relayed to the person they are leaving.

Do you still have to wait the full two years?

Usually yes. Two years must have passed since you applied for the subclass 309 and 100 visas before you can be assessed for the permanent visa, and the date to work from is the one you submitted the application, which you can check in ImmiAccount. Do not submit permanent-stage documents before that point; the page says documents should be attached only once the two years have passed.

Only two situations shorten it. The first is where you were in a long-term partner relationship with your sponsor when you applied for the 309 and 100. The second is where your sponsor is or was the holder of a permanent humanitarian visa and, before that permanent visa was granted, was in a married or de facto relationship with you, provided you had informed the Department about the relationship before that permanent visa was granted. The page describes no third route around the two-year point.

It is also worth checking what you already hold, because not everyone has a second stage still to complete: if the Department granted the subclass 100 immediately after your 309, there is nothing further to provide, and you can confirm the visa you currently hold through VEVO.

Which requirements apply even once the relationship is over?

Relationship status is not the whole test. Identity, character, health, debts and — where children are involved — their interests are assessed independently of who sponsored you.

Identity: provide a copy of the pages of your most recent passport showing your photo, personal details and signature, plus issue and expiry dates.
Health: you and any members of the family unit, including dependent children applying with you, must continue to meet the health requirement, and family members not coming to Australia may need to as well. If you had health examinations for your subclass 309, the Department will tell you whether to repeat them or do more checks.
Character: you may need a current Australian police certificate at the permanent stage if one was not attached to your 309 application. Only complete disclosure National Police Certificates issued by the Australian Federal Police are accepted — not standard disclosure certificates or certificates from state or territory police. They are valid for 12 months from the issue date, so an expired one must be replaced. You also need an overseas police certificate from any country, including your home country, where you spent a total of 12 months or more since the grant of your 309 visa.
Government debts: any money you or your family members owe the Australian Government must be repaid or repayment arranged.
Best interests of the child: the visa might not be granted where that would not serve the interests of an applicant under 18.

Documents go in through ImmiAccount: select "New application", then "Family", then "Stage 2 – Permanent Partner Visa Assessment". Attach each document once, even if it supports more than one point, and label it clearly. Colour scans or photographs must be readable, multi-page documents go into a single file, nothing needs certifying, and anything not in English needs a translation — NAATI-accredited if the translator is in Australia, or, if not, accompanied by the translator's full name, address and telephone number, and their qualifications and experience in the language they are translating, with these details provided in English. The attachment limit is 100 documents per person and cannot be increased.

What if you have children?

A dependent child can be added before a decision if the child holds a subclass 445 visa, is a member of the family unit, and meets the health requirement (and the character requirement from age 16). The form used is Form 1002 — Application by a subclass 445 dependent child for a permanent partner visa. If you have a baby after applying, that too needs to be brought to the Department's attention.

How do you tell the Department the relationship has ended?

You may need to complete the Notification of Relationship Cessation form in ImmiAccount; the Department's "Your relationship has changed" information is where the current detail sits. More broadly, you are expected to report changes that occur after you apply but before a decision, including changes to your marital or de facto status, the birth of a child, anything else relevant to the application, and any request to withdraw it.

The contact details matter more than they look. The partner visa application form asks for your own phone number and email address, and the Department may contact you directly even where you nominated your sponsor's email address for all electronic correspondence, appointed your sponsor or someone else as an authorised recipient, or appointed someone to give immigration assistance. If those details change, they can be updated. Where the person helping you is someone you no longer want involved, Form 956A withdraws an authorised recipient and Form 956 withdraws an immigration assistance appointment. Where documents cannot be uploaded in ImmiAccount at all, the page names the Partner Processing Enquiry Form as the route for notifying the Department.

How can you keep your correspondence private?

When your relationship ends, the Department recommends these steps for your online safety.

Change your ImmiAccount password as soon as you can.
Do not use saved passwords to access your ImmiAccount.
Change your email password.
Consider setting up a new email account that only you control.
Supply your own phone number and email address to the Department.
Update those details whenever they change.
Do not share your ImmiAccount, email account or passwords with anyone.
Work through the eSafety Commissioner's online safety checklist.

Once the correspondence is redirected, the practical problem changes shape: instead of intercepting everything at the source, the risk becomes old cached logins and recovery email addresses. Fixing the password alone does not help much if the same inbox recovers it, which is why clearing saved passwords and moving to a new email account tend to be done together.

What happens if the Department refuses the application?

The decision comes in writing, and you can be inside or outside Australia when it is made. If the visa is granted, you receive the visa grant number, the date the visa starts and any conditions that apply, and you should keep a copy. If it is refused, you are told why and whether you have a right to have the decision reviewed; the application fee is not refunded on refusal.

Waiting is a separate difficulty. The published global processing times are estimates based on how long recently decided applications took, and they do not guarantee that any particular application will be decided within them — which is why keeping contact details current and documents up to date while you wait is worth doing even when there is nothing new to report.

Frequently Asked Questions

Do I automatically lose my chance at permanent residence when the relationship ends?

No. The Department's subclass 100 page says you might still be eligible for the permanent visa if your relationship ends, or your partner dies, before it is granted. Eligibility then turns on the criteria that do not depend on your sponsor, such as holding the subclass 309, health, character and any government debts.

Will my former partner be told what I have reported?

The subclass 100 page states that all information you provide is confidential, in the same section that covers relationships ending and family violence. While a claim is being handled, you can also supply your own contact details and be contacted directly, even if your sponsor's email was previously used for correspondence.

Do I still have to wait two years if I am claiming family violence?

The two-year point applies from the date you applied for the 309 and 100. The page lists only two situations where the permanent visa may be granted sooner — a long-term partner relationship with your sponsor at the time you applied, or a sponsor who holds or held a permanent humanitarian visa in the circumstances described there.

What evidence does the Department want at the permanent stage after separation?

The permanent stage asks for identity documents, evidence of your situation and updates for any family members, along with police certificates where they are required. The particular evidence used to support a family violence claim is not listed on the subclass 100 page; it is set out in the Department's material on domestic and family violence and your visa, which should be checked as currently published.

Can I be outside Australia when the decision is made?

Yes. The Department states you may be in or outside Australia when the permanent Partner visa is decided, and the outcome is notified in writing either way.

Will I get my application fee back if the visa is refused?

No. The page states the application fee is not refunded if the application is refused. You will be told the reasons for refusal and whether you have a right to review the decision.

My former partner managed all my visa emails — what can I do?

Give the Department your own phone number and email address and update them if they change, since you may be contacted directly even where your sponsor's email was nominated. Then follow the online safety steps above, starting with a new ImmiAccount password and a move away from saved passwords and shared recovery addresses.