07/06/2026
“I’ll cancel your visa. You’ll get deported. You have nothing without me.”
If someone said this to you or someone you know, keep reading. I am a migration lawyer in Australia.
What is a partner visa?
When you come to Australia to be with your partner, you usually get a temporary partner visa first. Think of it like a probationary period. Your partner becomes your sponsor. After a period of time (usually 2 years), if your relationship is still ongoing and genuine, you can apply for a permanent visa to stay in Australia for good.
Can your partner cancel your visa?
No.
Your visa was given to you by the Australian government. Only the Australian government can take it away, and only through a proper legal process.
Your partner cannot call the government and have you sent home. It does not work like that.
What they can do is withdraw their sponsorship. This is serious. It can affect your path to a permanent visa and your right to stay in Australia.
But it is not the end. Australia has a law that protects you.
If your relationship ended because your partner was hurting you, abusing you, or controlling you, you can still get your permanent visa. Even without your partner’s approval and even if they are against you.
It is called the Family Violence Exception, clause 801.221(6) of the Migration Regulations.
Normally, to get a permanent partner visa, you need to show the government your relationship is still genuine and ongoing. But when family violence is involved, the government stops asking about the relationship. Instead it asks just two things:
1. Has the relationship ended?
2. Did you experience family violence?
If yes to both, and you can establish the evidence required (judicial or non-judicial), you can stay in Australia permanently.
So what is family violence?
Family violence is not just hitting or physical harm. It includes threats and intimidation, emotional abuse, controlling your money so you cannot leave, cutting you off from your friends and family, and using your visa to scare you.
If you experience family violence,
1. Get independent legal advice. Find a migration lawyer who works for you, not connected to your partner in any way.
2. Save everything. Screenshots, emails, messages, notes, journals, dates, what was said and when. Start saving today.
3. If you are not safe, call 1800RESPECT on 1800 737 732. Free. Confidential.
Remember: You crossed oceans to be here. The person who hurts you does not get to deport you. You matter. And the law agrees. 💚
General information only, not legal advice. Please seek advice specific to your circumstances.
Jesil Cajes is a solicitor at Cajes Law.