I came on a Prospective Marriage visa (300) and the relationship ended in violence — what now in 2026?

Updated 2026-10-11 · General information, not migration advice · Run by the Arrivau team

Yes — a Prospective Marriage (subclass 300) holder who never married can still come within Australia's family violence provisions, on two added conditions: you must be in Australia, and if your 300 visa has already ceased you must not currently hold a substantive visa and must have applied for a Partner (subclass 820 and 801) visa. That is what the Australian Department of Home Affairs sets out on its Family Violence Provisions page as of October 2026. This article is general information about how those rules are written, not advice about your own case — your situation turns on details only the current official pages and a registered professional can apply.

What does the Department have to be satisfied about first?

Five things, and they all have to be true together.

You have applied for, or currently hold, an eligible visa.
You experienced family violence.
The perpetrator was your former partner or spouse.
The family violence, or part of it, occurred while you were in that relationship.
You are no longer in the relationship.

For anyone who is a Partner visa applicant or holder, the page adds one more: the perpetrator must be the former sponsor of the visa application. On a 300 visa, that person is normally the fiancé or partner who sponsored you.

If you meet these, the Department says you may be able to stay in Australia on a permanent visa. Where you do not meet them, the same page says help is still available and that you have a right to a safe environment in Australia regardless of your visa status.

Do I have to be in Australia when I claim?

For a 300 visa, yes. The official page states plainly that for the Prospective Marriage (subclass 300) visa you must be in Australia.

That onshore requirement is specific to the 300 pathway. The other partner routes listed on the same page are framed differently: the Temporary Partner (subclass 820) visa requires you to hold or have applied for it, and the Provisional Partner (subclass 309) visa requires you to hold it or to have applied for it and entered Australia since applying.

My 300 visa has already ceased — what changes?

Two extra conditions switch on at that point. You must:

currently not hold a substantive visa, and
have applied for the Partner (subclasses 820 and 801) visa.

Both are stated as requirements, not options. The official page lists them without defining "substantive visa" there, so the way that term applies to any visa you now hold should be checked against the Department's current published material and the Migration Regulations.

A useful way to test your own position, as a hypothetical: suppose a 300 holder's visa ceased last month, they are still in Australia, they hold no other substantive visa, and they lodged an 820/801 application before it ceased — the conditions on the page are met in their terms. Suppose instead that the same person never lodged a Partner visa application: on the wording of the page, the ceased-300 pathway is not available to them, whatever the violence they experienced.

What if I have no Partner visa application at all?

Then the condition "have applied for the Partner (subclasses 820 and 801) visa" cannot be met, and this page does not describe a family violence pathway for you in those circumstances. Timing and lodgement status are the hard edges of the 300 rules, not paperwork you can fix retrospectively.

That is a statement about what the published provisions cover. It is not a statement that you have no options at all, and it is not a prediction of any decision.

How do I actually make the claim?

The Department's page for Partner visa applicants sets out three steps. Each one comes before the next.

Step 1: Tell the Department the relationship has ended

Use the 'Notification of Relationship Cessation' form. It sits in the 'Update Details' tab in ImmiAccount.

After you submit it, your Partner visa application and the sponsorship application are automatically removed from all ImmiAccounts, including your former sponsor's account and any migration agent's account. Tick the family violence option on the form — the automatic removal happens only if you do.

Tick the children option as well if you have children with your former sponsor. The form asks when the relationship ceased, whether you experienced family violence, and whether you have children with your former sponsor.

Then create a new ImmiAccount. Use an email address your former sponsor cannot access. The Department will contact you to transfer your application into the new account and will ask for the new username and email address.

If you cannot get into ImmiAccount, the Partner processing enquiry form is the alternative the Department names. The page also notes that a migration agent or legal practitioner acting for you can notify the relationship cessation on your behalf; they may opt out of removing the Partner visa application from ImmiAccount, but the sponsorship application is always removed automatically.

Step 2: Show the relationship was genuine

The Department looks at this before it looks at the violence. It must first be satisfied that you were in a genuine and ongoing relationship with your former sponsor before the relationship ended.

Expect a request for information asking for relationship evidence. Provide as much as you can. If gathering it is hard or slow, the Department says it will give you more time.

Step 3: Provide family violence evidence

Once the relationship is accepted as genuine, the Department assesses the family violence claim. It may ask you for more information while it decides.

If it is not satisfied, it refers you to an independent expert. The expert contacts you to arrange an interview and gives the Department an opinion on whether they think you experienced family violence. The Department must accept that opinion. If the opinion goes against you, you get a chance to comment on it before a decision. If it goes your way, the Department may still ask for more, such as a health examination or character documents like an Australian or overseas police certificate.

What counts as family violence evidence?

Your evidence must show two things: at least part of the violence happened while you were in the relationship with your former partner or spouse, and that person was the alleged perpetrator. Everything must be in writing, in English, and in the format and level of detail requested.

There are two kinds.

Judicial evidence is a document from a court of law — for example a court injunction under the Family Law Act 1975, a court order made under a state or territory law, a record of conviction for a family violence offence, or a recorded finding of guilt for such an offence. You only need one of them. An interim order sometimes meets the threshold; if it does not, you can still send a copy while you wait for the final outcome, and you must send a copy of the final order once one is made.

Non-judicial evidence is either a joint undertaking made before the court, or a minimum of two pieces of evidence from the listed categories. If you go the two-piece route, you must also complete a Commonwealth statutory declaration form.

The rule about categories catches people out: you can only give one document from each category. A hospital report from a nurse and a statutory declaration from a medical practitioner are both medical evidence, so they count as one.

The categories are medical, police, child welfare officer, family violence support service provider, social worker, psychologist, family consultant and family relationship counsellor, and education professional. Each has its own content requirements. Police evidence, for instance, must identify the alleged victim, identify the alleged perpetrator or give enough information for that identity to be reasonably inferred, and detail the incidents. Support service, social worker and psychologist evidence must state that you made a claim of family violence, give the professional opinion on whether your claims are consistent with your having been subjected to family violence, and identify the perpetrator or allow that identity to be inferred. These documents must come from someone acting in a professional capacity.

What happens if my sponsor withdraws the sponsorship?

Withdrawal does not by itself end the visa application. The Department's page for sponsors says there may still be grounds to grant the applicant a permanent Partner visa. When it receives information that a relationship has ended, it must tell the visa applicant and give them a chance to respond before deciding.

Privacy law also cuts in at that point: once sponsorship is withdrawn, the Department cannot give the former sponsor details about the application or the applicant, including the outcome or whether the applicant is in Australia.

Where does safety sit while all this is decided?

Separate from the visa question. The Department's Where to get help page says you have the right to feel safe and that support is available regardless of your visa status, listing national counselling, housing, financial, food, medical and legal support alongside state and territory services.

Two practical points from that page are worth knowing. Most helplines are free from a landline, payphone and most mobile phones, but the number you called will still appear on your phone bill, which anyone who sees that bill can read. And if you are looking things up, use private browsing where you can, or clear your browsing history.

Frequently Asked Questions

Can I claim the family violence provisions if we never married?

Yes. The official page lists people who hold or previously held a Prospective Marriage (subclass 300) visa as potentially eligible, and marriage is not a condition. What matters is that the violence, or part of it, happened during the relationship and that the perpetrator was your former partner, spouse or former sponsor.

Do I have to be inside Australia?

For the 300 pathway, yes — the Department states that for the Prospective Marriage (subclass 300) visa you must be in Australia. This onshore requirement is separate from the general eligibility conditions and applies whether your visa is current or has ceased.

My 300 visa has ceased. What do I need to show?

Two extra things: that you currently do not hold a substantive visa, and that you have applied for the Partner (subclasses 820 and 801) visa. Both are stated as requirements on the Family Violence Provisions page.

Do I need a court order to prove the violence?

No. Judicial evidence is one route, and one qualifying court document is enough, but you can also use non-judicial evidence: either a joint undertaking made before the court, or at least two pieces of evidence from different listed categories plus a Commonwealth statutory declaration. All evidence must be in writing and in English.

Will my former partner see my application?

Once you submit the 'Notification of Relationship Cessation' form and select the family violence option, the Partner visa application and the sponsorship application are automatically removed from all ImmiAccounts, including your former sponsor's and any migration agent's. The Department also advises creating a new ImmiAccount with an email address your former sponsor cannot access.

What if the Department does not believe me?

It refers you to an independent expert, who interviews you and gives an opinion on whether they think you experienced family violence. The Department must accept that opinion. If it is not in your favour, you are given the opportunity to comment on it before a decision is made.