190 Family Violence Claims 2026: Evidence and Procedure

If you are on a Subclass 190 (Skilled Nominated) application as a secondary applicant and the relationship with the primary applicant has ended because of family violence, the criteria do not automatically count you out. Clauses 190.311(3) and 190.311(4) of Schedule 2 to the Migration Regulations 1994 allow a secondary applicant to continue to meet the family-member requirement after the relationship has ceased, where the violence was committed by the primary applicant. The exception is not self-executing, though: it has to be raised and evidenced, and the document checklist for this visa contemplates court decisions or certification from a professional body.

The rules discussed here are set out in Schedule 2 to the Migration Regulations 1994 and in the Department's PAM3 policy. This article explains how those rules are written; it is not an assessment of any individual case.

What does the family violence exception actually preserve?

A secondary applicant on a Subclass 190 application normally has to be a member of the family unit of the primary applicant — a spouse, a de facto partner, or a child. When a spousal or de facto relationship ends, that connecting link ordinarily falls away, which is the problem the exception addresses.

Under 190.311(3) and (4), the family-member requirement can still be met after the relationship has ended where the primary applicant committed family violence against the secondary applicant. Three elements appear in the clause: the claimant is a secondary applicant, the violence is attributed to the primary applicant, and the relationship has ceased.

What the clause does is preserve eligibility. It does not grant a visa on its own. Every other criterion still has to be met on the facts — including the public interest criteria and the special return criteria (5001, 5002 and 5010) that secondary applicants must satisfy under 190.313.

Who counts as a secondary applicant for this purpose?

The family unit is limited to a spouse, a de facto partner and dependent children. Each category carries its own set of criteria:

• All secondary applicants must satisfy public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021 (190.312).
• Secondary applicants aged 18 or over must also satisfy PIC 4019 (190.312(2)).
• Secondary applicants under 18 must satisfy PIC 4017 and 4018 (190.312(3)).

Children on the application therefore remain secondary applicants in their own right, subject to their own criteria, regardless of how the adults' relationship ends.

What evidence does a family violence claim need?

Court orders and judicial findings

A court decision is the most direct form of evidence. The Migration Regulations 1994 and the Department's PAM3 policy set out which judicial records decision-makers accept. A judicial record is useful because it establishes the parties, the conduct and the date without the decision-maker having to reconstruct them from scratch.

Documentation from professional bodies and services

The checklist for this visa also refers to certification from a professional body. The Migration Regulations 1994 and the Department's PAM3 policy set out who counts as a competent source.

What the evidence has to establish

Three things, in practical terms: who the parties are, what happened, and that the relationship has ended. Evidence that identifies the primary applicant as the person against whom the allegation is made matters, because 190.311(3) and (4) are framed around violence committed by the primary applicant.

One caution. PIC 4020, the genuine documents and information criterion, applies to every applicant. A claim that is unsupported or contradicted by the record creates a risk well beyond this one application, and no outcome here is improved by overstating it.

What happens to the relationship evidence you already lodged?

Relationship evidence is normally assessed across financial, household, social and commitment aspects, and the authenticity and continuity of a spouse or de facto relationship are judged against regulation 1.15A and 1.09A. Where the family violence exception is relied on, the question shifts: the issue is no longer whether the relationship is continuing, but whether it was genuine and whether it ended in circumstances the clause covers.

Evidence lodged earlier does not become irrelevant. It still supports the proposition that the relationship existed, and it still has to be consistent with everything else in the file. Inconsistencies between the EOI, the application and the supporting documents are a common trigger for further inquiries.

Do you have to notify the Department, and when?

Divorce is among the changes in circumstances that must be notified to the Department under section 104 of the Migration Act. Because the family violence exception depends on the relationship having ceased, leaving a separation unreported while the rest of the file still describes a continuing relationship is a mismatch that invites questions. Check the current official guidance for how and when the notification is to be made.

What if the decision-maker is not satisfied?

Before refusing an application, the decision-maker is required to give the applicant an opportunity to respond to adverse information. That happens through a request for further information under section 56, or through a natural justice notification where a key criterion appears not to be met. Both come with a stated response period, and both are genuine opportunities rather than formalities — the response should be direct, targeted to the concern raised, and supported by the strongest available document.

If the claim is not accepted

An adverse decision can be reviewed by the Administrative Review Tribunal (formerly the Administrative Appeals Tribunal). Review by the Administrative Review Tribunal must be sought within 21 days for onshore applicants and 70 days for offshore applicants.

A further step exists in the courts, but only on questions of legal error — jurisdictional error, procedural unfairness, or a wrong interpretation of the law. It is not a rehearing of the facts.

What the exception does not do

It does not convert a secondary applicant into a primary applicant. Meeting the primary criteria is a separate exercise: a written invitation (190.211), a suitable skills assessment at the time of invitation (190.212), competent English at the time of invitation (190.213), the required points score (190.214), a nomination from a state or territory government agency that has not been withdrawn (190.215), and the special return criteria (190.217).

It does not suspend health or character screening. The public interest criteria continue to apply, and the PAM3 guidance records that a failure by any family member can affect the whole application. And it does not keep the nomination alive: if the nominating state or territory agency withdraws, the application cannot succeed.

Frequently Asked Questions

Does making a family violence claim guarantee the visa will be granted?

No. The clause preserves the family-member requirement after the relationship has ended; it does not decide the application. Health, character, the genuine documents criterion and the special return criteria all still have to be met, and the state or territory nomination must remain in force.

Does the primary applicant have to be the person who committed the violence?

Yes — 190.311(3) and (4) operate where the violence was committed by the primary applicant against the secondary applicant. The exception does not extend to violence committed by a third party.

What if I have no court order or police record?

The document checklist for this visa contemplates certification from a professional body as well as court decisions, so a court order is not the only route. Which documents decision-makers accept, and who counts as a competent source, are set out in the regulations and in the Department's PAM3 policy, so check the current official wording.

Do health and character checks still apply to me?

Yes. Secondary applicants must satisfy PIC 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021, plus 4019 for applicants aged 18 and over. The guidance records that a failure by one family member can affect the whole application.

What happens if the state or territory nomination is withdrawn?

The application cannot succeed. Under 190.215 the nomination must not have been withdrawn at the time of decision, and the guidance is explicit that withdrawal during processing leads to refusal. The family violence exception does not affect that requirement.

How long do I have to seek review if the application is refused?

An application to the Administrative Review Tribunal (formerly the AAT) must be made within 21 days for onshore applicants and 70 days for offshore applicants.

References

• Federal Register of Legislation — Migration Regulations 1994, Schedule 2 Subclass 190