When a business or investor migration application breaks down through violence in 2026
A relationship breakdown does not, by itself, remove an accompanying spouse from a business or investor migration case. Under the family violence provisions published on the Australian Department of Home Affairs' Family Violence Provisions page (as of the October 2026 version of that page), a person who has applied for or currently holds an eligible visa may be able to stay in Australia on a permanent visa if they have experienced family violence, the alleged perpetrator was their former partner or spouse, at least part of the violence occurred during that relationship, and the relationship has ended. For a capital or business case, the person claiming is usually a secondary applicant on the primary applicant's visa, and the assessment turns on their own relationship and violence evidence rather than on the business or investment itself.
Does a dependant lose status the moment the relationship ends?
No. Ending the relationship changes what the application depends on; it does not automatically cancel the person's pathway.
The published conditions for staying are cumulative:
- the person has applied for or currently holds an eligible visa
- they have experienced family violence
- the alleged perpetrator was their former partner or spouse
- the violence, or part of it, happened while they were in that relationship
- they are no longer in that relationship
The page also states plainly that no one has to stay in a relationship where they fear for their own or their family's safety, and that a right to a safe environment in Australia exists regardless of visa status.
Which business, investor and talent subclasses are on the published list?
The secondary applicant pathway covers a defined list of visas. The business, investment and talent entries published on that page are:
| Published visa | Subclass |
|---|---|
| Business Talent visa | 132 |
| Business Innovation and Investment visa | 888 |
| Global Talent visa | 858 |
| National Innovation visa | 858 |
| Employer Nomination Scheme visa | 186 |
| Regional Sponsored Migration Scheme visa | 187 |
| Skilled – Independent visa | 189 |
| Skilled – Nominated visa | 190 |
| Permanent Residence (Skilled Regional) visa | 191 |
| Pacific Engagement visa | 192 |
| Skilled – Regional visa | 887 |
Two planning points follow from the published list. First, these are the permanent-stage subclasses; the provisional Business Innovation and Investment (subclass 188) visa does not appear on the list, so a family still in the provisional stage needs to check the official page for its own subclass rather than assume the pathway is open. Second, the list is published by the Department and can change, so the current official page is the controlling source.
Who must the alleged perpetrator be, and who must have been in Australia?
For a secondary applicant, the alleged perpetrator must be the primary applicant.
This is the point where business and investor cases differ from partner visa cases. On the Partner visa pathway described on the same page, the alleged perpetrator must be the former sponsor of the application. On the secondary applicant pathway, it must be the primary applicant of the visa application, and the claimant must be that person's former partner or spouse.
There is also a location condition. When the visa application was made, the secondary applicant must have either been in Australia or entered Australia afterwards. A spouse who never entered Australia after an offshore lodgement falls outside this pathway on the published terms.
How does a secondary applicant start the claim?
The published sequence has three steps. The notification step, in the order the page sets it out:
- Find the application reference number in correspondence the Department has sent.
- Log into your ImmiAccount.
- Click "New application".
- Complete the "Notification of family violence – Secondary applicants" form.
If there is no reference number, the page directs applicants to its contact options. If the applicant has no ImmiAccount, the page says to create a new one using an email address the former partner cannot access. If an existing ImmiAccount is used, the page says to make sure only the claimant has access to it. A separate "Notification of family violence – Secondary applicants" online form exists for people who cannot use ImmiAccount.
What evidence comes first — and what comes second?
The relationship is assessed before the violence.
The Department must first be satisfied that the claimant was in a genuine and ongoing relationship with the primary applicant of the permanent visa application before it ended. Only once that is assessed does it move to the family violence claim. That ordering matters in high-net-worth households, where the relationship file may be bound up with business structures, joint investments and travel patterns rather than with a conventional shared-household record.
The violence evidence must show two things: that at least part of the family violence occurred while the claimant was in a relationship with the primary applicant, and that the primary applicant was the alleged perpetrator. All evidence must be in writing and in English, in the format and level of detail requested. The page states that more time will be given to submit documents where gathering them is difficult.
Is a court order required, or will non-judicial evidence do?
Either route is accepted, and the choice is often practical rather than legal.
Judicial evidence is a court document. One of the following is enough:
- a court injunction under the Family Law Act 1975
- a court order made under a state or territory law
- a court record of conviction for a family violence offence against the claimant or their dependant(s)
- a court record of a finding of guilt for such an offence
An interim order may meet the threshold in some situations. If it does not, the page allows lodging a copy while awaiting the final outcome, with the final order to follow.
Non-judicial evidence means either a joint undertaking made before the court, or a minimum of two pieces of evidence from the published categories:
| Category | Who must make it |
|---|---|
| Medical | Medical practitioner, registered nurse or midwife |
| Police | Police record, report, risk assessment or witness statement |
| Child welfare officer | Child welfare officer |
| Family violence support service | Support service provider |
| Social worker | Social worker |
| Psychologist | Psychologist |
| Family consultant / relationship counsellor | The treating consultant or counsellor |
| Education professional | Education professional |
Two rules govern this route. Only one document may be given from each category — a hospital report and a statutory declaration from a medical practitioner count as the same category. And where two pieces are used, a Commonwealth statutory declaration form must also be completed, using Form 1410i. Each category carries its own content requirements: for example, police evidence must identify the alleged victim, identify the alleged perpetrator or allow that identity to be reasonably inferred, and detail the incident(s); support service, social worker and psychologist evidence must state the claim and give a professional opinion on whether the claims are consistent with the person having been subjected to family violence.
What happens after the claim is assessed?
The Department determines whether the violence, or part of it, occurred during the relationship with the primary applicant and whether the primary applicant was the alleged perpetrator.
If satisfied, it may still ask for more information, which can include a health examination and character documents such as an Australian or overseas police certificate. If not satisfied, the claim is referred to an independent expert, who contacts the claimant to arrange an interview and gives an opinion. The Department states that it must accept the independent expert's opinion. Where the expert determines that family violence did not occur, the claimant is given an opportunity to comment on that opinion. The page notes that this process may take some time.
What the provisions do not cover
Two carve-outs are worth separating out in planning.
For family visas, the provisions do not apply to violence perpetrated by an Australian sponsor. The published family visa list includes the Parent (103), Remaining Relative (115 and 835), Carer (116 and 836), Contributory Parent (143) and Aged Parent (804) and Contributory Aged Parent (864) visas, and the carve-out applies across them.
The dependent child provision is also narrower than families often assume. The Dependent Child (subclass 445) visa pathway described on the page is tied to a claimant who is the dependant of a Partner visa-holding parent who applied under the family violence provisions. It is not part of the secondary applicant list covering business and investor subclasses.
What this means for the rest of the family's capital and residence plan
The claim is assessed on relationship and violence evidence, not on business performance.
Nothing in the published assessment steps turns on whether the business met its investment or turnover commitments. That separation is useful: a spouse's pathway is not lost because the enterprise underperforms, and equally it is not rescued by the enterprise doing well. What matters for planning is timing and evidence. Because at least part of the violence must have occurred during the relationship, and because the relationship must have been genuine and ongoing before it ended, records created while the relationship was intact tend to carry the weight. Because the claimant must have been in Australia when the application was made or have entered afterwards, an offshore family member has a different problem from an onshore one.
Where the case includes children, business assets held jointly, or a primary applicant who controls the family's ImmiAccount and correspondence, the sequencing of notification, account access and evidence gathering is the practical risk area. This article describes how the published rules work for general information and is not advice on any individual situation; outcomes depend on the evidence in a particular case, and the official pages remain the controlling source.
Safety and support while a claim is pending
Support is available regardless of visa status.
The Department's Where to get help page states that a person affected by domestic and family violence has a right to feel safe and that support exists irrespective of visa status, covering counselling, housing, finances, food, medical needs and legal matters, with state and territory services listed by jurisdiction. For anyone planning how to seek help discreetly, the page notes that most helplines are free from a landline, payphone and most mobile phones but that the number will still appear on a phone bill, and it recommends private browsing mode and clearing browsing history. In an emergency or life-threatening situation, the page on sponsors refers callers to police on 000.
Frequently Asked Questions
Which business and investor visas allow a secondary applicant to claim the family violence provisions?
The published list includes the Business Talent (subclass 132), Business Innovation and Investment (subclass 888), Global Talent (subclass 858) and National Innovation (subclass 858) visas, alongside a set of skilled and employer-sponsored subclasses. The provisional Business Innovation and Investment (subclass 188) visa is not on that published list.
Does the violence have to have happened in Australia?
The published conditions require that at least part of the family violence occurred while the claimant was in a relationship with the primary applicant — not that it occurred in Australia. The separate location condition is that the claimant was in Australia when the visa application was made, or entered Australia afterwards.
Do I need a court order to make a claim?
No. Judicial evidence is one route, and one qualifying court document is sufficient. The alternative is non-judicial evidence: a joint undertaking made before the court, or at least two pieces of evidence from different categories plus a Commonwealth statutory declaration on Form 1410i.
Who has to be the alleged perpetrator?
For a secondary applicant, the alleged perpetrator must be the primary applicant of the visa application, and the claimant must be that person's former partner or spouse. On the Partner visa pathway the requirement is different: the alleged perpetrator must be the former sponsor.
What happens if the Department is not satisfied that family violence occurred?
The claim is referred to an independent expert, who interviews the claimant and gives an opinion the Department states it must accept. If the expert finds that family violence did not occur, the claimant is given an opportunity to comment on that opinion.
Is there a fixed deadline to submit the evidence?
The published steps do not set a submission deadline for the documents. The pages state that the Department understands evidence can be difficult to gather and that more time will be given where it is needed.