Secondary applicant family violence claims: proving the relationship in 2026

For a secondary applicant, the family violence claim does not start with the violence. According to the Australian Department of Home Affairs' Family violence provisions – Secondary applicants and Family violence evidence pages (as of the October 2026 official pages), the Department must first be satisfied that you were in a genuine and ongoing relationship with the primary applicant of the permanent visa application before that relationship ended. Only after that assessment does it move on to your family violence evidence. This article is general information about how the published rules work, not personalised advice about your case; your own situation should be checked against the current official pages or with a qualified professional.

Does my relationship get assessed before my family violence evidence?

Yes. The sequence is fixed, and it is the same sequence for both stages of evidence-gathering described on the Department's pages.

The Department states that once it has assessed your relationship as genuine, it will then assess your family violence claims. In practical terms, a strong body of violence evidence does not substitute for a relationship record, and a relationship record on its own does not establish a family violence claim. Each stage has to stand up.

The Department also says it understands that gathering this material can be difficult, and that there are sometimes delays outside your control. It states it will give you more time to submit these documents if you need it.

What do I have to prove about the relationship itself?

Two things, and they are separate tests.

First, at the eligibility stage, you must be the former partner or spouse of the primary applicant. This is the entry condition for a secondary applicant claim, and it is the reason a family violence claim by a secondary applicant is tied to one specific person in the application.

Second, at the evidence stage, the Department must be satisfied that you were in a genuine and ongoing relationship with the primary applicant of the permanent visa application before the relationship ended. The Department may send you a request for information asking for evidence of your relationship, and it asks you to provide as much information as you can.

What this means for how you prepare: documents that show the relationship existed and was continuing are not a formality to be cleared, they are the gateway. If that gateway is not crossed, the second body of evidence is never reached.

Which visa applications can a secondary applicant claim under?

The Department lists two groups of visas for secondary applicants.

Group	Visas listed by the Department
Skilled and Business	Business Talent (subclass 132), Employer Nomination Scheme (subclass 186), Regional Sponsored Migration Scheme (subclass 187), Skilled – Independent (subclass 189), Skilled – Nominated (subclass 190), Permanent Residence (Skilled Regional) (subclass 191), Pacific Engagement (subclass 192), Global Talent (subclass 858), National Innovation (subclass 858), Skilled – Regional (subclass 887), Business Innovation and Investment (subclass 888)
Family	Parent (subclass 103), Remaining Relative (subclass 115), Carer (subclass 116), Contributory Parent (subclass 143), Aged Parent (subclass 804), Remaining Relative (subclass 835), Carer (subclass 836), Contributory Parent (subclass 864)

One further condition applies at the time the visa application was made: you must have either been in Australia, or entered Australia afterwards.

There is also an important carve-out for the family visa group. The Department states that for family visas, the family violence provisions do not apply to violence perpetrated by an Australian sponsor. It directs people in that position to its Where to get help page instead, and states that you have a right to a safe environment in Australia regardless of your visa status.

What must the family violence evidence actually show?

The Department sets two requirements for this evidence, and the wording tracks the relationship requirement closely:

• at least part of the family violence happened while you were in a relationship with the primary applicant
• the primary applicant was the alleged perpetrator

All evidence must be in writing, in English, and in the format and level of detail requested. You can give either judicial or non-judicial evidence.

Note how the two stages connect. The same person who must be shown to have been your genuine partner is the person who must be identified as the alleged perpetrator. Evidence that describes the violence but does not connect it to the primary applicant, or that places it entirely outside the relationship period, does not meet what the Department says it needs.

Do I need court documents, or will other evidence do?

Either route is available. Judicial evidence is a document from a court of law, and the Department lists four options — you only need to give one of them:

• a court injunction against the primary applicant under the Family Law Act 1975
• a court order against the primary applicant made under a state or territory law
• a record that the court has convicted the primary applicant of a family violence offence against you or your dependant(s)
• a record that the court has recorded a finding of guilt against the primary applicant for family violence offences against you or your dependant(s)

On interim orders, the Department says that in some situations an interim order may meet the threshold for judicial evidence. If it does not, you can give a copy of the interim order while you await a final court outcome, and if a final court order is made you must give a copy of it.

Non-judicial evidence takes one of two forms: a joint undertaking made before the court, or a minimum of two pieces of evidence. If you choose the two-piece route, you must also complete a Commonwealth statutory declaration form, using Form 1410i (Completing a statutory declaration for a family violence claim).

Two rules catch people out here. You can only give one document from each category of evidence — the Department's own example is that you cannot give both a hospital report from a nurse and a statutory declaration from a medical practitioner, because both are medical documents. And each item must be made by a person acting in their professional capacity.

The categories the Department lists for non-judicial evidence are medical, police, child welfare officer, family violence support service provider, social worker, psychologist, family consultant and family relationship counsellor, and education professional. Each carries its own content requirements; for example, police evidence must identify the alleged victim, identify the alleged perpetrator or give information from which their identity can reasonably be inferred, and detail the incident(s) of family violence. You can also give other evidence, provided the minimum evidentiary requirements are met, and the decision maker may consider it as part of a whole assessment.

What happens after the evidence goes in?

The Department says it needs to determine that the violence, or part of it, occurred while you were in a relationship with the primary applicant, and that the primary applicant was the alleged perpetrator. It may ask you for more information in order to be satisfied that family violence has occurred.

If it is satisfied, it may still ask for more information, which can include a health exam or character documents such as an Australian or overseas police certificate.

If it is not satisfied, you will be referred to an independent expert. That expert will contact you to set up an interview about your claims and give the Department their opinion on whether they think you have experienced family violence. The Department states that this process may take some time, and that it must accept the independent expert's opinion. If the expert determines that you have not experienced family violence, you will be given the opportunity to comment on that opinion. If the expert determines that you have, the Department may ask for further information, including health and character documents.

What about notifying the Department in the first place?

The notification step comes before the evidence step. The Department's secondary applicant page describes two routes: the 'Notification of family violence – Secondary applicants' form inside ImmiAccount, reached through 'New application' using the reference number from your correspondence, or the standalone online form of the same name if you cannot use ImmiAccount.

One safety point appears on both the Partner visa and secondary applicant pages: if you create a new ImmiAccount, use an email address your former partner cannot access.

Is help available if the provisions do not cover my situation?

The Department states that you do not have to stay in a relationship where you fear for your or your family's safety, and that you have a right to a safe environment in Australia regardless of your visa status. Its Where to get help page lists national and state and territory support services covering counselling, housing, finances, food, medical needs and legal matters, and notes that most helplines are free from a landline, payphone and most mobile phones.

That same page carries a practical warning worth repeating: the phone number will still appear on your phone bill, so anyone who can see the bill will be able to see that you called it. The page recommends private browsing mode where possible, and clearing your browsing history if not.

Frequently Asked Questions

Do I still need relationship evidence if my family violence evidence is very strong?

Yes. The Department states it will assess your family violence evidence only once it has assessed that your relationship was genuine. The two bodies of evidence are considered in that order, and a strong second stage does not remove the first.

I am still in a relationship with the primary applicant. Can I claim now?

The general family violence provisions listed by the Department include a requirement that you are no longer in a relationship with the person who was the perpetrator. The relationship ending is part of the test, not a consequence of the claim.

Can I claim if my visa is not on the Department's list?

The Department specifies the skilled and business visas and the family visas that a secondary applicant can claim under, including subclasses 189, 190, 186, 888 and 858 among others. If your visa is not among them, the provisions as published do not extend to your application, and the Department points to its support services page instead.

Does the violence have to have happened entirely during the relationship?

No. The requirement is that at least part of the family violence happened while you were in a relationship with the primary applicant. What matters is that some of it falls inside the relationship period.

Do I need a court order to make a claim?

No. You can provide judicial evidence, such as one of the four court documents listed, or non-judicial evidence, which can be a joint undertaking made before the court or at least two pieces of evidence from the listed categories plus a Commonwealth statutory declaration.

What if the Department does not believe my claim?

You will be referred to an independent expert, who will interview you and give the Department an opinion. The Department must accept that opinion. If the opinion is negative, you will be given the chance to comment on it before a decision is made.

My visa is a family visa and my Australian sponsor was the perpetrator. Does this apply?

No. The Department states that for family visas the family violence provisions do not apply where the violence was perpetrated by an Australian sponsor. It directs people in that position to its support services information.

References

• Australian Department of Home Affairs — Family violence provisions – Secondary applicants
• Australian Department of Home Affairs — Family violence evidence
• Australian Department of Home Affairs — Family Violence Provisions
• Australian Department of Home Affairs — Family violence provisions – Partner visa applicants
• Australian Department of Home Affairs — Where to get help