Partner Visa Domestic Violence Charge: What It Means

How does a domestic violence charge affect a partner visa?

A partner visa domestic violence charge affects the application by bringing the applicant's character into question: the charge must be declared, the Department will usually assess it against the character test in section 501 of the Migration Act 1958, and the decision is often delayed until the court outcome is known. A charge is an allegation, not a finding of guilt. It does not by itself mean the applicant fails the character test. But a partner visa domestic violence charge is taken seriously, and how it is handled from the first day can shape the outcome of both the criminal case and the visa application.

This guide is written mainly for partner visa applicants who are facing a pending domestic violence charge, who have a conviction, or who are the respondent to a domestic or family violence protection order. It explains the character test, the disclosure obligations, what happens while charges are pending, the difference between a charge, a conviction and a protection order, how the Ministerial Direction on character decisions treats family violence, natural justice, and review rights. It applies to the onshore Subclass 820 visa and Subclass 801 visa, the offshore Subclass 309 visa and Subclass 100 visa, and the Subclass 300 visa.

Two different legal regimes

It is important to separate two areas of law that people often confuse. The first is the character test, which applies to the applicant's own conduct. That is the subject of this guide. The second is the family violence provisions in Division 1.5 of the Migration Regulations 1994, which protect partner visa applicants who are victims of family violence committed by their sponsor after the relationship has ended. Those provisions are for victims. They do not help an applicant who is accused of domestic violence. The firm's family violence partner visa page deals with the victim provisions. A person facing a partner visa domestic violence charge should not assume they apply.

Why early advice matters

The criminal case and the visa case run on different timetables and apply different tests. A plea, a bail condition, a protection order made by consent, or a statement given to police can all have migration consequences that are not obvious at the time. A person with a partner visa domestic violence charge should have advice on the criminal case from a criminal lawyer and advice on the migration consequences from an immigration lawyer, ideally before any step is taken in court. The guide on urgent immigration lawyer advice explains what to have ready.

What is the character test for a partner visa?

The character test for a partner visa is the test in subsection 501(6) of the Migration Act 1958, and every partner visa applicant must satisfy public interest criterion 4001, which is linked to that test. A person does not pass the character test if one of the grounds in subsection 501(6) applies. A partner visa domestic violence charge is relevant because it can engage several of those grounds, depending on what happens in court and what the evidence shows.

The grounds most relevant to domestic violence

The grounds in subsection 501(6) that are most relevant to a partner visa domestic violence charge are these.

Substantial criminal record. A person has a substantial criminal record if, among other things, they have been sentenced to a term of imprisonment of 12 months or more, or to two or more terms of imprisonment totalling 12 months or more. A suspended sentence counts as a sentence of imprisonment for this purpose. A person with a substantial criminal record does not pass the character test, whatever the reason for the offence, so the sentence imposed on a partner visa domestic violence charge can be decisive.

Past and present conduct. A person does not pass the character test if, having regard to their past and present criminal conduct, or their past and present general conduct, they are not of good character. This ground does not require a conviction. It looks at the person's conduct as a whole, which is why a partner visa domestic violence charge can be relevant before it is decided.

Risk of future conduct. A person does not pass the character test if there is a risk that, if allowed to enter or remain in Australia, they would engage in criminal conduct, harass, molest, intimidate or stalk another person, or represent a danger to the Australian community or a segment of it. Domestic violence allegations, and the terms of a protection order, are often considered under this ground.

Public interest criterion 4001

Public interest criterion 4001 is met if the applicant satisfies the Minister that they pass the character test, or if the Minister is satisfied after appropriate inquiries that there is nothing to indicate the applicant would fail to satisfy the Minister that they pass it, or if the Minister has decided not to refuse the visa under section 501 despite a character concern. Subclause 820.223 and the equivalent clauses for the other partner visas require the applicant to satisfy this criterion, and family members included in the application must also satisfy it. The guide to the Subclass 820 partner visa sets out the other criteria.

Refusal under section 501

Where an applicant does not pass the character test, the visa may be refused under section 501 rather than under the ordinary refusal power. This matters because section 501 decisions have their own notification rules, their own review pathway and a much shorter review deadline. A partner visa domestic violence charge that leads to a character refusal therefore needs a different response from an ordinary refusal on the relationship. The partner visa refusals page and the visa refusals page explain how the firm approaches refused matters.

Do I have to declare a domestic violence charge on my partner visa?

Yes. You must declare a partner visa domestic violence charge, and any conviction or protection order, in your application, and you must tell the Department if a charge is laid after you lodge. The Department's character guidance tells applicants to declare criminal conduct they have been charged with that is awaiting legal action in any country. Department forms ask separately whether the person has been charged with any offence that is awaiting legal action, whether they have been charged with or convicted of family or domestic violence offences, and whether they have been the subject of a domestic or family violence order for the personal protection of another person.

Which orders must be declared

For a partner visa domestic violence charge involving an order, the form guidance states that an applicant is asked to declare an order only where the applicant is the respondent or the subject of the order. An applicant who is the protected person under an order is not asked to declare it as a character matter. Court documents, such as the charge sheet, any orders and later sentencing remarks, should be provided with the declaration.

The duty to give correct information

Sections 101 to 107 of the Migration Act 1958 require applicants to answer questions correctly and to tell the Department if an answer becomes incorrect, for example because a charge is laid after lodgement. A partner visa domestic violence charge laid while the application is being processed is exactly the kind of change that must be reported. The guide on Form 1022 change of circumstances explains how changes are notified, and the guide on Form 80 explains the personal particulars form, which also asks about criminal history.

Why non-disclosure makes things worse

Failing to declare a partner visa domestic violence charge creates a second problem that can be more serious than the first. Public interest criterion 4020 deals with false or misleading information given to the Department, and a person who does not satisfy it can be refused even if the underlying charge would not have led to refusal. Non-disclosure can also affect the assessment of the person's general conduct and credibility under the character test itself. Police certificates and information sharing between agencies mean that charges very often come to light. Disclosure, with full documents, is almost always the safer course.

What happens to a partner visa while a domestic violence charge is pending?

While a partner visa domestic violence charge is pending, the Department will usually ask for information about the charge and may delay its decision until the court case is finalised, because the outcome of the charge can decide which character ground, if any, applies. There is no fixed rule requiring the Department to wait, but a decision made while the facts are unresolved is less reliable, and decision makers commonly ask for an expected date of finalisation.

What the Department's policy says about outstanding charges

The Department's policy on assessing partner visa sponsors with outstanding criminal matters gives a useful indication of its general approach. It says decision makers may request further information about the case, at least to see if there is an expected date of finalisation, that decision-making should not be unreasonably delayed, and that there is some scope to defer a decision if outstanding charges are likely to be resolved in the near future. It also notes that information about the case may be relevant to assessing the genuineness of the relationship. Applicants with a partner visa domestic violence charge can expect a similar practical approach.

Requests for information and police certificates

Where there is a partner visa domestic violence charge, the Department may ask for court documents, police reports, a statement from the applicant, updated police certificates and, later, the court outcome and any sentencing remarks. These requests usually come under section 56 of the Migration Act. The guide on responding to a section 56 request explains how to respond. Missing deadlines for these requests can itself lead to refusal.

Bridging visa and conditions

An onshore applicant usually holds a bridging visa while the partner visa is processed. A partner visa domestic violence charge does not automatically end a bridging visa, but bridging visas can be cancelled on certain grounds, and character concerns can affect the grant of a further bridging visa, for example one that allows travel. The guides on bridging visas in Australia, Bridging Visa A and Bridging Visa B explain how these visas work. The firm's visa cancellations page covers cancellation matters.

Possible court outcomes and what they mean

The court outcome of a partner visa domestic violence charge can range widely. The charge may be withdrawn or dismissed. The applicant may be found not guilty. The applicant may be found guilty without a conviction being recorded. The applicant may be convicted and given a fine, a community-based order, a suspended sentence or imprisonment. Each outcome is assessed differently. A withdrawn charge does not create a substantial criminal record, but the underlying conduct may still be examined if there is reliable evidence of it. A conviction with a sentence of 12 months or more creates a substantial criminal record. Outcomes in between are assessed on the facts.

Does an overseas domestic violence charge affect a partner visa?

Yes. A partner visa domestic violence charge laid in another country is treated in the same way as a charge in Australia for disclosure purposes, and overseas convictions are relevant to the character test. The Department's character guidance refers to criminal conduct in any country, and the forms ask about charges and convictions in any country.

Police certificates from other countries

Partner visa applicants usually must provide police certificates from each country where they have lived for a total of 12 months or more in the last ten years since turning 16, as well as an Australian certificate if they have lived in Australia. The Department's policy for the permanent stage also requires current police certificates for countries where the applicant has lived for 12 months or more since the temporary visa was granted. An overseas partner visa domestic violence charge or conviction may appear on a foreign certificate, or may come to light through information sharing.

Foreign court documents

Where an overseas charge or conviction exists, the applicant should obtain the court records, the outcome and any sentencing documents, with certified English translations. Foreign criminal systems use different terms, and an outcome that sounds serious in translation may be minor, or the reverse. Decision makers need enough information to understand what the charge was, what the court decided and what penalty, if any, was imposed.

Overseas protection orders

Some countries issue protective orders through courts, police or other authorities. Where the applicant is the respondent to such an order, it should be declared in the same way as an Australian order. The explanation should describe the nature of the order, how it was made and whether it is still in force.

Partner visa domestic violence charge vs conviction vs protection order

A partner visa domestic violence charge, a conviction and a protection order are three different things, and each is treated differently: a charge is an allegation still to be decided, a conviction is a court's finding with a sentence that may create a substantial criminal record, and a protection order is usually a civil order that may be made with or without any admission of the conduct alleged. Understanding which one you have is the starting point for any advice.

A charge

A partner visa domestic violence charge is an accusation by police or a prosecutor. It is not proof of guilt. In character terms, a pending partner visa domestic violence charge is mainly relevant because it signals conduct that may be examined under the past and present conduct ground or the risk ground, and because the outcome may later create a substantial criminal record. Decision makers generally want to know the court outcome before forming a final view.

A conviction

A conviction on a partner visa domestic violence charge is a finding by a court that the offence was committed, with a conviction recorded. If the sentence is imprisonment for 12 months or more, or the person has several sentences of imprisonment totalling 12 months or more, the person has a substantial criminal record and does not pass the character test. A conviction with a lesser sentence does not automatically fail the test, but it is relevant to the past and present conduct ground and to the risk ground. The sentencing remarks are often the most important document, because they record the court's view of the seriousness of the offence, remorse and prospects of rehabilitation.

A finding of guilt without conviction

In some cases a court finds the offence proved but does not record a conviction. This is not a conviction for the substantial criminal record ground, but the conduct the court found proved can still be considered under the other grounds. Applicants should not assume that "no conviction recorded" means the matter is irrelevant to a partner visa.

A protection order

Protection orders often accompany a partner visa domestic violence charge. They go by different names in different States and Territories, such as apprehended violence orders, intervention orders, family violence intervention orders and domestic violence orders. They are usually civil orders aimed at protecting a person, and many are made by consent without the respondent admitting the allegations. A protection order is not a conviction. However, the forms ask applicants to declare orders where they are the respondent, and the order and the allegations behind it may be considered under the conduct and risk grounds. Breaching a protection order is usually a criminal offence, which can turn a civil order into a conviction.

Why the distinction matters for the response

The response to a partner visa domestic violence charge depends on which of these situations applies. A pending charge calls for disclosure, documents and, often, patience while the court decides. A conviction calls for a careful submission on the character test and the discretion. A protection order calls for an explanation of how the order came to be made, whether it was made by consent, whether it has been complied with, and whether it is still in force.

A partner visa domestic violence charge at each stage of the process

A partner visa domestic violence charge has different consequences depending on when it arises: before lodgement, while the temporary visa is being processed, after the temporary visa is granted, or at the permanent stage. The character requirement applies at each decision point, so a charge that arises later is not avoided by an earlier grant.

Before lodgement

If the partner visa domestic violence charge exists before the application is lodged, it must be declared in the application. The timing of lodgement may need to be considered against the court timetable and the applicant's current visa. An applicant whose current visa is about to expire must weigh the risk of becoming unlawful, which can bring in the Schedule 3 criteria, against the risk of lodging while the charge is unresolved.

While the temporary visa is being processed

If a partner visa domestic violence charge is laid after lodgement but before the Subclass 820 or Subclass 309 visa is decided, the applicant must tell the Department. Expect requests for information and a likely delay while the court case runs. The guide to the Subclass 820 visa explains the temporary stage.

After the temporary visa is granted

A person who already holds a Subclass 820 or Subclass 309 visa is a visa holder, not just an applicant. Visa holders can have their visas cancelled under section 501 if they do not pass the character test. A partner visa domestic violence charge after grant must still be reported where the law requires, and the person should get advice about cancellation risk as well as about the permanent stage.

At the permanent stage

At the permanent stage, the applicant must again satisfy public interest criterion 4001. The Department's policy for the Subclass 801 visa says applicants must provide current police certificates for countries where they have lived for 12 months or more since the temporary visa was granted. A partner visa domestic violence charge or conviction that arose during the temporary stage will therefore be examined again. The Subclass 820 vs Subclass 801 guide explains how the two stages connect.

Offshore applicants

For an offshore Subclass 309 applicant, a partner visa domestic violence charge in the home country or elsewhere must be declared in the same way. The applicant may need to remain outside Australia until the matter is resolved, and the Department may wait for the outcome before deciding. The complete partner visa guide explains the offshore stream.

How the Ministerial Direction on character decisions treats family violence

The Ministerial Direction that governs character-based visa refusals, Direction No. 110 made under section 499 of the Migration Act 1958, lists whether the conduct engaged in constituted family violence as one of five primary considerations, alongside protection of the Australian community, the strength, nature and duration of ties to Australia, the best interests of minor children in Australia, and the expectations of the Australian community. Direction No. 110 commenced on 21 June 2024 and replaced Direction No. 99. Departmental delegates and the Administrative Review Tribunal must comply with it when they exercise the discretion under section 501.

Family violence without a conviction

Direction No. 110 defines family violence broadly, as violent, threatening or other behaviour by a person that coerces or controls a member of the person's family, or causes the family member to be fearful. It also provides that family violence can be considered not only where there is a conviction or a finding of guilt, but also where there is information or evidence from independent and authoritative sources indicating that the person is, or has been, involved in the perpetration of family violence. This is why a partner visa domestic violence charge, or a protection order, can be relevant even if no conviction is ever recorded.

The other primary considerations

The other primary considerations can weigh in the applicant's favour. Ties to Australia include the relationship with the sponsor, children, other family, work and community involvement. The best interests of minor children in Australia must be considered, which often includes children of the relationship. The protection of the Australian community involves an assessment of the nature and seriousness of the conduct and the risk of it being repeated. A submission responding to a partner visa domestic violence charge should deal with every primary consideration, not only the conduct.

Directions can change

Ministerial Directions on character are replaced from time to time. The Direction in force at the time of the decision is the one that must be applied. Any response to a partner visa domestic violence charge should be checked against the current Direction before it is filed.

What natural justice applies before a character refusal?

Before a partner visa is refused on character grounds because of a partner visa domestic violence charge or conviction, the applicant is usually sent a written invitation to comment, often called a notice of intention to consider refusal, which sets out the character concern and the information relied on and gives a short period to respond. This is the most important opportunity the applicant has to answer a partner visa domestic violence charge before a decision is made. It should be treated with the same seriousness as a court hearing.

What a response usually covers

A response to a character invitation about a partner visa domestic violence charge usually addresses whether the character test is actually failed, and if it is, why the discretion should be exercised in the applicant's favour. It typically includes the court documents and outcome, the applicant's own account of the circumstances, evidence of remorse and of steps taken to address the behaviour, such as counselling or behaviour change programmes, evidence of compliance with any orders and bail conditions, evidence of the relationship and of any children, statements from the sponsor, family and community members, employment records, and submissions addressing each consideration in the Direction. Every statement must be true and must be the person's own account.

Rehabilitation and risk

Decision makers assessing risk commonly look at the time since the conduct, whether there has been any further offending, whether the person has completed relevant programmes, whether they accept responsibility, and whether their circumstances have changed in a way that reduces the risk of repetition. A partner visa domestic violence charge that remains unresolved makes this assessment harder, which is another reason decisions are often deferred.

Responding to other Department letters

Concerns about a partner visa domestic violence charge can also appear in an ordinary invitation to comment under section 57 of the Migration Act. The guide on the s57 natural justice letter for a partner visa explains how those letters work. Whatever the form of the letter, the deadline must be met.

When the alleged victim is the sponsor

When the alleged victim of a partner visa domestic violence charge is the sponsor, the case becomes more complex, because the Department must consider both the character issue and whether the relationship is still genuine and continuing, and it will be alert to the safety of the sponsor. The applicant must not pressure the sponsor to withdraw a complaint, support the application, or give any particular evidence. Doing so can be a criminal offence and will seriously damage the case.

The relationship requirement

A partner visa requires the couple to be in a genuine and continuing relationship and, for married couples, to live together or not live separately and apart on a permanent basis. A protection order that prevents the applicant from living with or contacting the sponsor can make it difficult to show that the relationship continues as a shared life. Couples in this situation must comply strictly with any order. Any evidence about the relationship must come from the sponsor freely. The guides on partner visa relationship evidence and what happens if the relationship breaks down explain the relationship requirements.

The sponsor's own position

A sponsor who is the protected person under an order linked to a partner visa domestic violence charge may decide to continue the relationship, or may decide to end it and withdraw the sponsorship. That decision belongs to the sponsor. Where the sponsor decides to support the application, a statement in the sponsor's own words, and where relevant evidence from independent professionals, can be relevant to the risk assessment and to the relationship. A sponsor who wants independent advice should obtain it separately.

The victim provisions do not apply to the accused

The family violence provisions in Division 1.5 allow certain applicants to continue with a partner visa after the relationship ends if they suffered family violence committed by the sponsor. They are designed for victims. An applicant facing a partner visa domestic violence charge cannot rely on them to overcome a character concern. Where both partners make allegations against each other, the issues become highly fact-specific and require careful advice.

Can a partner visa refused on character grounds be reviewed?

Yes, in most cases. A decision by a Department delegate to refuse a partner visa under section 501 of the Migration Act 1958 can generally be reviewed by the Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal on 14 October 2024. The deadline to apply for review of a section 501 decision about a person in Australia is very short and cannot be extended. A decision made personally by the Minister is not reviewable by the Tribunal.

How character review differs from ordinary review

Review of a section 501 decision based on a partner visa domestic violence charge follows special rules. The time limit is shorter than for ordinary partner visa refusals, and the Department's guidance confirms the Tribunal cannot extend it. The Tribunal must also apply the current Ministerial Direction. It considers the matter afresh, including new evidence, such as a court outcome that was not available when the Department decided. A partner visa domestic violence charge that has since been withdrawn or dismissed may change the picture considerably on review.

Ordinary refusals with a character element

Some partner visa refusals touch on character without being section 501 decisions, for example where an applicant did not provide a police certificate, or where the refusal is based on false or misleading information under public interest criterion 4020. Those refusals usually follow the ordinary review pathway. The guides on partner visa refused appeal options, what to expect at an ART review and the guide to a visa appeal lawyer explain the process. If the Tribunal affirms the decision, judicial review may be possible for legal error only.

Consequences of a character refusal

A character refusal based on a partner visa domestic violence charge can have consequences beyond the partner visa. It can affect bridging visas, future visa applications and the ability to remain in Australia. An onshore applicant whose partner visa is refused may also be affected by section 48 of the Migration Act, which limits further onshore applications. The guide on partner visa after a visa refusal explains the general position.

What if the sponsor has a domestic violence history?

If the sponsor, rather than the applicant, has a domestic violence history, the issue is usually the sponsorship limitations rather than the character test, because sponsors of partner visas can be refused approval where they have been convicted of certain relevant offences and have a significant criminal record. This guide focuses on the applicant, so the sponsor's position is covered only briefly.

Sponsorship limitations in summary

Under regulation 1.20KC of the Migration Regulations 1994, a sponsorship must generally be refused if the sponsor has been convicted of a relevant offence and has a significant criminal record in relation to it, unless it is reasonable to approve the sponsorship having regard to matters such as the time since the sentence was completed, the best interests of any children and the length of the relationship. The Department may ask the sponsor for police certificates and may refuse the sponsorship if they are not provided. Where the sponsorship is not approved, the visa must be refused. The Department's policy also notes there is some scope to defer a sponsorship decision while outstanding charges are resolved.

Where to read more

The guides on when a sponsor cannot sponsor a partner visa and the firm's sponsorship limitations page explain the rules in detail. Where the applicant is the victim of violence by the sponsor, the family violence provisions are the relevant starting point.

What Tribunal decisions show about character issues in partner visas

Tribunal decisions on partner visas show that character issues often turn on documents, such as police certificates and statements from authorities, and that sponsors with criminal records can sometimes be approved where it is reasonable to do so. The decisions below are remittals: in each, the Tribunal sent the matter back to the Department to reconsider. The descriptions are limited to the issues recorded for each decision and do not mean any later outcome was a grant. Few recorded decisions in the database describe a pending partner visa domestic violence charge against the applicant, so the cases below are illustrations of related character issues only.

Police certificates and statements from authorities

In Morton-Hicks (Migration) [2023] AATA 4631, a Subclass 820 matter, the issues recorded were a French police clearance record and whether public interest criterion 4001 or 4002 was satisfied. In Madade (Migration) [2023] AATA 3843, a Subclass 309 matter, the recorded issues were the character test and statements from appropriate authorities in Zimbabwe and South Africa. In Budiongo (Migration) [2025] ARTA 440, the issues recorded were criminal history and police clearance certificates provided upon review. These decisions show how often a character concern can be resolved, or at least advanced, by the right documents.

Criminal conduct and the relationship

In Pham (Migration) [2023] AATA 2643, a Subclass 820 matter, the issues recorded were a valid marriage, criminal activities, a genuine and continuing relationship, and the parties seeing their relationship as a long-term commitment. In 2218391 (MIGRATION) [2026] ARTA 1681, a Subclass 820 matter, the recorded issues were a genuine and continuing relationship, the relationship having ceased, a child of the relationship and a domestic violence protection order.

Sponsors with criminal records

In 2107808 (Migration) [2024] AATA 4136, a Subclass 309 matter, the issues recorded were a sponsor's conviction for a relevant offence and a suspended sentence, that sponsorship may be approved if reasonable to do so, and remorse and no reoffending. In Ellis (Migration) [2024] AATA 3411, the recorded issues were sponsorship approval, a sponsor convicted of a relevant offence, a significant criminal record, and whether it was reasonable to approve. In Naureen (Migration) [2024] ARTA 468, the issues recorded included the sponsor's significant criminal record and the time elapsed since the last imprisonment.

Evidence that helps when responding to a partner visa domestic violence charge

The evidence that helps most when responding to a partner visa domestic violence charge is evidence that is independent, specific and current: court records and outcomes, proof of compliance with orders, records of programmes completed, and statements from people who know the applicant well and are aware of the charge. Statements from people who do not know about the charge carry little weight on character.

Court and police documents

The charge sheet, police facts, any bail conditions, any protection order, the final court outcome and the sentencing remarks are the foundation of any response. Where a charge was withdrawn or dismissed, the court record showing that outcome is essential.

Evidence of change

Certificates of completion for behaviour change programmes, counselling records and reports from treating professionals can show steps taken to address risk. These should be genuine, relevant to the conduct alleged, and completed rather than merely started.

Character references

References from employers, community leaders and family members are most useful when the author knows about the partner visa domestic violence charge, describes their own knowledge of the applicant, and explains why they hold their view. Generic references that do not mention the charge are often given little weight. These are separate from the Form 888 statements that support the relationship, which are discussed in the guide to Form 888 example answers.

Relationship and family evidence

Evidence of the relationship, children and the family's circumstances in Australia is relevant to ties and to the best interests of children under the Direction. The usual relationship evidence, such as the relationship statement and the documents in the partner visa document checklist, remains important, but it must be consistent with what is known about the charge.

Mistakes to avoid with a partner visa domestic violence charge

The most damaging mistakes with a partner visa domestic violence charge are failing to declare it, taking steps in the criminal case without understanding the migration consequences, breaching a protection order, and ignoring or rushing the Department's invitation to comment. Each of these can turn a manageable character issue into a refusal.

Not declaring the charge or order

Non-disclosure of a partner visa domestic violence charge engages the integrity rules and damages credibility. Declare the charge, the order and any outcome, and provide the documents.

Treating the criminal case in isolation

Decisions in the criminal case, such as how to plead, whether to consent to an order, or what to say to police, should be made with criminal law advice and with an understanding of the migration consequences. A person with a partner visa domestic violence charge should tell their criminal lawyer about the visa application.

Breaching an order or bail condition

Breaching a protection order or bail condition attached to a partner visa domestic violence charge is usually a criminal offence in itself and is directly relevant to risk. Comply strictly, even if the sponsor wants contact.

Pressuring the sponsor

Any attempt to influence the sponsor's evidence or complaint is wrong, may be an offence, and will be treated as highly relevant to character.

Missing the response deadline

Character invitations and section 56 requests carry deadlines. A late or incomplete response can lead straight to refusal, and the review deadline after a section 501 refusal is very short.

Assuming a withdrawn charge ends the matter

A withdrawn charge does not create a substantial criminal record, but the Department may still look at the conduct if there is reliable evidence of it. Keep the documents showing how the charge ended.

How My Migration Lawyers protects a partner visa when there is a domestic violence charge

My Migration Lawyers protects a partner visa affected by a domestic violence charge by assessing the character risk early, making sure the charge and any order are disclosed correctly with full documents, advising on the timing of the visa decision against the court timetable, and preparing the response to any character invitation, review or related request. The firm acts in many partner visa matters with character issues, and it regularly handles complex cases involving pending charges, protection orders, convictions, police certificate problems and section 501 decisions.

What the firm does, step by step

First, the firm reviews the charge sheet, any orders, bail conditions and the visa application, and identifies which character grounds may be engaged now and after each possible court outcome. Second, it checks what has already been declared and advises on correcting or updating the record with the Department where needed. Third, with the client's agreement, it liaises with the client's criminal lawyer so that steps in the criminal case are taken with the migration consequences in view. Fourth, it responds to Department requests for information and police certificates within time. Fifth, if a character invitation is issued, it prepares a full response addressing the character test, every primary consideration in the current Ministerial Direction, and the client's own account and evidence, including statements the client, the sponsor and others give in their own words. Sixth, if the visa is refused, it advises on review and lodges the review application within the very short deadline that applies.

Where appointed to act, the firm lodges Form 956 so the Department corresponds with the firm. The firm also advises on related issues that often arise in the same matter, including Schedule 3 waivers, the Schedule 3 criteria and bridging visa status. Couples who have already lodged can read about hiring an immigration lawyer after lodging your own application or getting a second opinion from an immigration lawyer.

Who handles your matter

Partner visa and character work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. More about the firm is on the About My Migration Lawyers page and the partner visa lawyers page. My Migration Lawyers is an Australian immigration law firm with an office at Level 1, 60 Martin Place, Sydney, and it advises clients across Australia by video, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, and its immigration lawyers in Sydney, Melbourne, Brisbane, Perth and Parramatta. The guides to what an immigration lawyer does, an immigration lawyer for a partner visa, the partner visa lawyer guide and the best partner visa lawyer in Australia explain what to look for, and the guide to booking an immigration lawyer consultation explains the first meeting.

Book a consultation about a partner visa domestic violence charge

If you have a partner visa domestic violence charge, a conviction or a protection order, get migration advice before the next court date and before you answer any Department request. Book a Consultation with My Migration Lawyers to have your situation assessed confidentially. You can also call 1300 040 300.