Partner Visa Sponsor Police Checks for Female Sponsors

A partner visa female sponsor police check is a police check that the Department of Home Affairs may ask a female sponsor to provide when her partner applies for a Subclass 820, Subclass 309 or Subclass 300 visa. The short answer is that the Department's policy says delegates are not required to request a partner visa female sponsor police check where there are no concerns about the sponsor's character.

That policy is often misunderstood. It is not an exemption written into the law. It does not stop the Department asking a female sponsor for police checks. It does not remove any of the other sponsorship requirements, and it does not change the rules that apply if a check is requested and reveals a conviction. This guide explains what the partner visa female sponsor police check policy says, where it comes from, when a female sponsor should expect a request anyway, and whether it is sensible to provide checks before being asked.

The rules discussed here come from regulation 1.20KC and regulation 1.20KD of the Migration Regulations 1994 and the Department's procedural instruction on sponsorship assessment for partner visas. The firm's page on partner visa sponsorship limitations explains the wider framework, and the guide on when a sponsor cannot sponsor a partner visa in Australia sets out every limitation that can apply to a sponsor.

Does a female partner visa sponsor need a police check?

A female partner visa sponsor does not automatically need a police check. Under Department policy, delegates are not required to request a partner visa female sponsor police check provided there are no concerns about the sponsor's character, but the Department keeps the legal power to request one from any sponsor at any stage before the visa is decided.

In practice, this means many female sponsors are never asked to provide an Australian National Police Check or a foreign police certificate for the sponsorship assessment. It also means that some female sponsors are asked, and that the request is lawful when it comes. A female sponsor who receives a request should not treat it as a mistake or an accusation. It is the Department using a power that the regulations give it in relation to every sponsor.

The partner visa female sponsor police check question arises in all three visas covered by regulation 1.20KC:

• Subclass 820. The onshore temporary partner visa. The firm's Subclass 820 onshore partner visa page explains the criteria.
• Subclass 309. The offshore temporary partner visa. The Subclass 309 offshore partner visa page explains the offshore pathway.
• Subclass 300. The Prospective Marriage visa. The Subclass 300 Prospective Marriage visa page explains how a fiancé or fiancée applies.

The general position on sponsor police checks is covered in the firm's answer to do I need a police check for a partner visa. This article deals with the narrower partner visa female sponsor police check issue.

What the Department's policy on female sponsors actually says

The Department's procedural instruction states, in a short paragraph headed "Requesting police checks for female sponsors", that under policy delegates are not required to request police checks from female sponsors provided there are no concerns in relation to the sponsor's character.

That is the whole of the partner visa female sponsor police check policy. Three features of the wording matter.

First, the policy says delegates are "not required" to request checks. It does not say delegates must not request them, and it does not say female sponsors are exempt. A delegate who decides to request a partner visa female sponsor police check is acting within the policy, not against it.

Second, the policy is conditional. It applies only "provided there are no concerns in relation to the sponsor's character". Once a concern arises, the policy no longer relieves the delegate from considering a request. The instruction does not define what a concern is, which is discussed later in this guide.

Third, the policy is addressed to delegates. It is guidance for Department decision makers about how to use their discretion. It is not addressed to sponsors, and it does not create any right for a female sponsor to refuse a request.

The same procedural instruction says, in its general introduction, that policy and procedures do not have the force of law. Delegates should give policy due weight, but they should not apply it inflexibly, and they may depart from it where the facts of a particular case require. A partner visa female sponsor police check request made because of the facts of a particular case is therefore entirely consistent with the way the Department is told to use its own policy.

Partner visa female sponsor police check: policy, not law

The partner visa female sponsor police check policy is a statement of administrative practice, not a rule of law, because the power to request police checks in regulation 1.20KC(5) applies to every sponsor without any distinction based on gender.

Regulation 1.20KC(5) allows the Minister, and delegates, to ask a sponsor to provide:

• a police check for a jurisdiction in Australia specified in the request; and
• a police check for a foreign country specified in the request, in which the sponsor has lived for a period, or a total period, of 12 months or more since the later of 10 years before the request and the date the sponsor turned 16.

The regulation refers to "a sponsor". It does not refer to male sponsors. The procedural instruction itself stresses this wording when it explains that the request must go to the sponsor and not the applicant. The regulation also allows the request to be made on one or more occasions.

The practical consequences of the policy and law distinction are significant in any partner visa female sponsor police check matter:

• A request is lawful. A female sponsor who is asked for checks cannot resist the request by pointing to the policy.
• Refusal for non-provision is available. Regulation 1.20KC(6) allows the sponsorship to be refused if a requested check is not provided within a reasonable time. That applies to a female sponsor in exactly the same way.
• The policy can change. Because it is policy, the Department can amend or withdraw it without changing the regulations. Sponsors should not build their plans around an assumption that a check will never be requested.
• The legal tests are identical. The definition of a relevant offence, the significant criminal record test and the consent to disclose requirement are the same for every sponsor.

The policy also says nothing about the applicant. The partner visa female sponsor police check policy concerns the sponsor only. A male or female applicant must still provide their own police certificates under the character requirements, which are discussed later in this guide. The firm's guide to partner visa character requirements explains the applicant's side.

Which visas the female sponsor police check policy applies to

The partner visa female sponsor police check policy sits within the Department's guidance on regulation 1.20KC, which applies to applications for Subclass 300, Subclass 309 and Subclass 820 visas made on or after 18 November 2016.

Regulation 1.20KC does not apply to the permanent stage. The Department's instruction confirms that it does not apply to the Subclass 100 visa associated with a Subclass 309 application, or to the Subclass 801 visa associated with a Subclass 820 application. The sponsorship is assessed at the temporary stage. The firm's article on the difference between Subclass 820 and Subclass 801 explains how the two stages fit together.

Approval of the sponsorship is a time of decision criterion. The time of application criteria for the three visas only require the applicant to be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen. It follows that regulation 1.20KC is assessed when the visa is decided, and that any partner visa female sponsor police check that is requested must be valid when the decision is made.

The Department's instruction also deals with a sponsor of a Subclass 300 holder or former holder who later applies for a Subclass 820 visa. Under that guidance, police checks are generally required for the Subclass 820 application where regulation 1.20KC was not assessed at the Subclass 300 stage, where new adverse or character concerns have arisen since the earlier assessment, or where the Subclass 820 sponsor is a different person from the Subclass 300 sponsor. Where regulation 1.20KC was met at the Subclass 300 stage and there are no new concerns, police checks are generally not required again. The firm's answer on what happens after marriage on a Prospective Marriage visa explains that next step. For a female sponsor, that table operates alongside the partner visa female sponsor police check policy rather than replacing it.

Why does the Department not usually request police checks from female sponsors?

The Department's procedural instruction does not state a reason for the partner visa female sponsor police check policy, and no reason should be assumed or attributed to the Department.

What the instruction does state is the purpose of regulation 1.20KC as a whole. It says the Australian Government is committed to reducing violence in the Australian community, including family and sexual violence, and that the amendments taking effect from 18 November 2016 allow the Minister to refuse to approve sponsors of applicants for temporary partner and prospective marriage visas where the sponsor has a significant criminal record in relation to relevant offences. The instruction also describes regulation 1.20KC as complementing other family violence measures, including the family violence provisions in Division 1.5 of the regulations.

That background is useful framing for understanding where the partner visa female sponsor police check policy sits. It is not the Department's stated reason for the policy, and this guide does not suggest one. The firm's page on family violence partner visa matters explains how the family violence provisions work for applicants whose relationship has ended.

What matters for a sponsor is not why the policy exists but how it operates. It operates as a default position for delegates, it is subject to character concerns, and it does not alter the law.

Common misunderstandings about the partner visa female sponsor police check policy

The most common misunderstanding about the partner visa female sponsor police check policy is that it is a legal exemption, when it is only guidance about when delegates need to make a request.

Several related errors appear regularly in information that sponsors find online and in questions sponsors raise at the start of a matter:

• "Female sponsors never need police checks." This is wrong. The Department can request a partner visa female sponsor police check at any time before the decision, and a request must be answered.
• "The policy covers the applicant too." This is wrong. The policy concerns the sponsor only. The applicant's police certificates are always assessed.
• "No police check means no character assessment." This is wrong. The Department can rely on information already on its file, and the consent to disclose requirement applies to every sponsor.
• "A request means the Department suspects something." This is not necessarily so. A delegate may request checks for many reasons, including a child applicant or a change of sponsor.
• "The policy applies to every sponsorship." This is wrong. It sits within the regulation 1.20KC guidance for temporary partner and prospective marriage visas. Other sponsorship regimes, such as the child protection rules in regulation 1.20KB, have their own police check requirements.

Each of these errors can lead a sponsor to miss a request, to answer the sponsorship form inaccurately or to delay the application. The firm's articles on why partner visas get refused and on partner visa missing documents explain how gaps in an application usually lead to requests and delay. A sponsor who is unsure whether a partner visa female sponsor police check applies to her circumstances should obtain advice before the application is lodged. The firm's partner visa lawyer guide explains how that advice is usually given, and the answer on who can sponsor a partner visa sets out the basic eligibility rules for every sponsor.

What counts as a concern about a female sponsor's character?

A concern about a female sponsor's character is any information before the delegate that suggests the sponsor may have a criminal history or conduct relevant to regulation 1.20KC, and the procedural instruction leaves it to the delegate to decide whether such a concern exists.

The instruction does not list the kinds of information that will remove a case from the partner visa female sponsor police check policy. The following are examples of information that, in the firm's view, a delegate could reasonably treat as raising a concern. They are illustrations, not a list taken from the Department's guidance:

• Information already on the Department's file. The Department may hold earlier visa, citizenship or sponsorship records for the sponsor, including earlier police certificates, character declarations or adverse information.
• The sponsor's answers on Form 40SP. The sponsorship form asks the sponsor about criminal history, including convictions and charges relating to persons under 18. A "Yes" answer, or an answer that appears inconsistent with other information, can raise a concern. The firm's answer on what Form 40SP is for a partner visa explains the form.
• Prior criminal history. Information that the sponsor has been convicted of an offence in Australia or overseas, whether disclosed in the application or found elsewhere.
• Outstanding charges. Information that the sponsor has been charged with an offence that has not been finalised.
• Apprehended violence orders and similar orders. Information that a protection order, intervention order or apprehended violence order has been made against the sponsor, or that a breach has been alleged.
• Information from the applicant. Statements by the applicant, in the application, in an interview or in correspondence, that raise questions about the sponsor's conduct.
• Information from third parties. Allegations or information received from other people, agencies or former partners.
• A history of sponsorship. An earlier partner sponsorship or family violence claim involving the sponsor may lead a delegate to look more closely at the file.

None of these items automatically means a partner visa female sponsor police check will be requested. Each is simply a fact that a delegate may weigh. It is also important to remember that a request is only a request for information. It is not a finding that the sponsor has done anything wrong.

The firm's article on partner visa intervention orders and the answer on whether you can get a partner visa if there is a domestic violence order against you explain how protection orders are treated in the applicant's assessment. Where the sponsor is the subject of such an order, the same facts can be the reason a partner visa female sponsor police check is requested.

When should a female sponsor expect a police check request anyway?

A female sponsor should expect a request whenever information before the Department raises a concern about her character, whenever a child under 18 is included in the application, and whenever the Department has reason to believe that a new conviction or charge for a relevant offence has arisen.

Where character information is on the file

This is the condition built into the partner visa female sponsor police check policy itself. If any of the matters described in the previous section are present, the policy no longer relieves the delegate of the question. A sponsor who knows that her history includes a conviction, a charge, an order or an earlier Department record should assume a partner visa female sponsor police check is likely and should plan for it.

Where a child under 18 is included in the application

A separate set of rules applies where a dependent child under 18 is included in a partner or prospective marriage visa application. The Department's guidance on regulation 1.20KB, which deals with the protection of children, says that for regulation 1.20KB purposes sponsors are required to provide an Australian National Police Check and, where relevant, a foreign police check when sponsoring an applicant who is under 18 at the time of application and is included in a Subclass 309, Subclass 820 or Subclass 300 application. That guidance does not contain a female sponsor policy of the kind found in the regulation 1.20KC instruction.

For a female sponsor whose partner is applying with a child, the partner visa female sponsor police check policy should therefore not be relied on at all. The firm's guide to partner visa child custody and consent and its article on Form 1229 for a partner visa explain the other documents needed when a child is included.

Where the Department requests a subsequent check

Regulation 1.20KC(5) allows police checks to be requested on more than one occasion. Under policy, second and subsequent requests should be limited to cases where the delegate has sufficient reason to believe that the sponsor has, or may have, been convicted of a relevant offence since the earlier check, or has an outstanding charge for a relevant offence. A female sponsor who was not asked for checks at lodgement can still be asked later if information of that kind emerges.

Where the sponsor changes or the case moves from Subclass 300 to Subclass 820

As noted earlier in this guide, the Department's guidance treats a different sponsor at the Subclass 820 stage, or new character concerns after a Subclass 300 assessment, as situations where checks are generally required. A partner visa female sponsor police check can therefore arise at a later stage even if none was requested at the first.

Same-sex relationships and male applicants with female sponsors

The partner visa female sponsor police check policy turns on the gender of the sponsor, not on the gender of the applicant, so it applies in the same way where two women are in a relationship and the sponsor is female, and where a male applicant is sponsored by a female partner.

The policy is short and its wording refers only to "female sponsors". Nothing in it limits it to opposite-sex relationships. In a same-sex relationship between two women, the woman who is the Australian citizen, permanent resident or eligible New Zealand citizen is the sponsor, and the partner visa female sponsor police check policy applies to her in the same way as it applies to any other female sponsor. The applicant, who is also a woman, must still provide her own police certificates as part of the character requirements.

The firm's LGBTI partner visa page explains how same-sex relationships are assessed. Related questions are answered in the firm's guidance on whether same-sex couples can get a de facto visa, whether a same-sex marriage is recognised for a spouse visa and how couples can apply where they kept a same-sex relationship private for safety.

Where the sponsor is female and the applicant is male, the position is the same. The partner visa female sponsor police check policy concerns only the sponsor. The male applicant's own character is assessed separately and fully. A male applicant should not assume that, because his sponsor was not asked for checks, his own police certificates are less important. They are not.

Where a sponsor's gender is recorded differently across documents, or where a sponsor's gender identity is not reflected in older records, the safest approach is to make sure the sponsorship and application forms are accurate and consistent, and to obtain advice on the documents. The firm's answer on documents showing different names or dates of birth explains how inconsistencies are usually explained to the Department.

Who receives a partner visa female sponsor police check request?

The request is sent to the sponsor, not to the applicant, because regulation 1.20KC(5) requires the Minister to ask "a sponsor" for the sponsor's police checks.

The Department's instruction is direct on this point. A request for further information sent to a visa applicant must not include a request for the sponsor's police checks, even where a separate request is sent to the applicant for other documents. The request should also not be sent through the applicant's migration agent or authorised recipient unless the sponsor has appointed that person herself. A sponsor who wants a representative to receive the request should complete Form 956 or Form 956A. The firm's guide to Form 956 and Form 956A explains the difference between the two forms.

This matters in a partner visa female sponsor police check matter because a request that goes to the sponsor directly can easily be missed. A sponsor's email may be different from the applicant's. A request may land in a junk folder. The request is not deemed to be received under section 494C of the Migration Act. Instead, the Department relies on the presumptions in sections 160 and 161 of the Evidence Act 1995, under which a posted request is presumed received on the seventh working day after posting and an emailed request is presumed received when sent. Those presumptions can be rebutted by evidence of non-receipt, such as a bounced email or a returned letter.

The practical lesson is to make sure the sponsor's contact details in the sponsorship are correct and monitored. The firm's answer on what documents the sponsor needs to provide and its guide to partner visa ImmiAccount uploads explain how sponsor documents are usually provided.

What police checks would a female sponsor provide?

A female sponsor who is asked, or who chooses to provide checks voluntarily, would provide an Australian Federal Police National Police Check with the purpose "Immigration/Citizenship Australia" and a police certificate from each foreign country in which she has lived for a total of 12 months or more within the relevant period.

The Australian check

Department policy is that a sponsor who has spent any time in Australia since turning 16 should be asked for a National Police Check. "Spent" means present, not resident. The amount of time is irrelevant. A sponsor who has never been in Australia since turning 16, for example a citizen by descent who has never travelled to Australia, should not be asked for one. The firm's guide to the partner visa AFP police check explains how the check is applied for.

Foreign checks

A foreign police check may be requested for each country, other than Australia, where the sponsor has lived for a period, or a total period, of 12 months or more since the later of 10 years before the request and the date she turned 16. The 12 months is cumulative. Foreign checks in a language other than English must be accompanied by an accurate English translation. The firm's guide to partner visa overseas police certificates explains how foreign certificates are obtained.

Where a foreign check cannot be obtained

If a sponsor cannot obtain a foreign police check, or there is no procedure in the relevant country, the instruction directs delegates to follow the same process used for visa applicants in the Penal Checking Handbook. Because the character statutory declaration in that process is designed for applicants, the instruction says a sponsor should instead sign a standard Commonwealth statutory declaration. That declaration should state that she has been unable to obtain the check, describe her efforts, and either state that she has no convictions in that country or give details of all her convictions there. The firm's answer on what to do if you cannot get a police certificate explains the general approach.

Electronic copies are the preferred format. A delegate may ask for an original or certified copy if there is a concern that an electronic document is not genuine.

Should a female sponsor provide police checks up front?

In most cases, yes, a female sponsor should consider providing her police checks with the application. Although the partner visa female sponsor police check policy means a request may never come, providing the sponsor's checks with the application can make the application decision ready and remove one possible cause of delay.

The decision is a practical one, and it should be made deliberately rather than by default. The factors usually considered include:

• Decision readiness. An application that already contains everything a delegate might reasonably ask for can often be decided without further requests. The firm's answer on what a decision-ready partner visa application is explains the concept.
• Validity. Police checks must be valid at the time of decision. If checks provided at lodgement expire before the decision, the Department may need new ones. However, Department policy allows a decision on regulation 1.20KC to be made on expired checks where the delay was outside the control of the applicant and sponsor, such as where checks were submitted with a decision-ready application, and the expired checks show no relevant offence. The firm's guide on partner visa expired police checks and the answer on how long police certificates are valid explain timing.
• The child applicant rule. Where a child under 18 is included, checks are required under the regulation 1.20KB guidance in any event, so providing them with the application is usually the sensible course.
• Known history. Where the sponsor has any criminal history, any current charge or any order, a request is likely. Providing the checks with an accurate explanation, rather than waiting for the Department to ask, allows the sponsor to present the facts on her own terms.
• Foreign residence. Where the sponsor has lived overseas and a foreign check will take months to obtain, starting the process early avoids a later delay.
• Clean history and no foreign residence. Where the sponsor has always lived in Australia and has no history at all, the cost and effort of a voluntary partner visa female sponsor police check is small, and providing it removes the question entirely.

Providing checks voluntarily does not waive anything and does not create any new obligation. It is simply information given to the Department. The firm's partner visa document checklist, its partner visa checklist and the 820 partner visa evidence checklist show where sponsor police checks sit in a complete application.

In the firm's practice, the partner visa female sponsor police check question is decided case by case at the start of the matter. For most sponsors the answer is to provide the checks. For some, particularly where obtaining a foreign check is genuinely difficult and there is no character concern, it may be reasonable to wait and respond if a request is made.

Consent to disclose convictions still applies to female sponsors

Every sponsor, including a female sponsor who has not been asked for police checks, must consent to the Department disclosing her convictions for relevant offences to the visa applicant, because that consent is a time of decision criterion for Subclass 300, Subclass 309 and Subclass 820 visas.

The criteria are in clauses 300.222(2), 309.222(2) and 820.221(4) of Schedule 2. The consent is given on the sponsorship form. The partner visa female sponsor police check policy has no effect on this requirement. A female sponsor with no convictions at all must still answer the consent question.

The Department's instruction explains three possibilities:

• Consent given. If the sponsorship form shows consent, the Department does not need to ask again before disclosing, however much time has passed.
• Consent expressly declined. If the sponsor declines consent on the form, the relevant Schedule 2 criterion cannot be met and grounds to refuse the visa exist. The applicant receives a section 57 natural justice letter, but the details of the sponsor's convictions are not put to the applicant.
• No answer given. If the sponsor leaves the question blank, the delegate should not assume a refusal. The sponsor should be given a chance to consent through a "Request for consent to disclose convictions" letter. If she does not respond in time, the delegate may find the criterion is not met.

A female sponsor should therefore complete the consent section carefully, even where she expects that no partner visa female sponsor police check will ever be requested. The firm's guide to responding to a section 57 natural justice letter and its answer on what a section 57 natural justice letter is explain that process.

What happens if a female sponsor ignores a police check request?

If a female sponsor does not provide requested police checks within a reasonable time, the Department may refuse to approve the sponsorship under regulation 1.20KC(6), and if the sponsorship is not approved the visa must be refused.

The rule is the same for every sponsor. Department policy treats 28 days from the request as a reasonable time to provide the checks or, at least, evidence that they have been applied for. Delegates should be flexible about extensions where evidence of a request is provided, particularly for foreign checks. Grounds to refuse arise where the period has ended and the sponsor has not provided the checks, evidence of initiating them, a satisfactory explanation, or engaged with the Department at all. Before refusing, the Department must send the applicant a section 57 letter, but the reasons for the sponsorship not being approved are not put to the applicant or stated in the refusal notice.

For a female sponsor, the key point is simple: the partner visa female sponsor police check policy gives no protection once a request has actually been made. The firm's answers on what happens if your partner's sponsorship is refused and how long you have to respond to a section 56 request explain the consequences and timing more broadly.

Relevant offences and significant criminal record apply identically

If a female sponsor's police checks reveal a conviction for a relevant offence and a significant criminal record in relation to it, regulation 1.20KC(3) requires the sponsorship to be refused unless the delegate considers it reasonable to approve it under regulation 1.20KC(4), exactly as for any other sponsor.

A relevant offence, under regulation 1.20KC(2), is an offence against Australian or foreign law involving violence against a person, including threats of violence; harassment, molestation, intimidation or stalking; breach of an apprehended violence order or similar order; firearms or other dangerous weapons; people smuggling; human trafficking, slavery or slavery-like practices including forced marriage, kidnapping or unlawful confinement; or attempting, aiding, abetting, counselling or procuring any of those offences.

A significant criminal record, under regulation 1.20KD, means a sentence of death, life imprisonment, a term of imprisonment of 12 months or more, or two or more terms totalling 12 months or more. A suspended sentence counts, because it is the sentence imposed that matters, not the time served. Convictions for offences outside the relevant offence list cannot ground refusal under regulation 1.20KC(3). A finding of guilt without a recorded conviction cannot be relied on or disclosed under this policy.

Where the sponsor has a conviction for a relevant offence but no significant criminal record, the sponsorship cannot be refused under regulation 1.20KC(3), but Department policy is to disclose the conviction to the applicant, with the sponsor's consent, so the applicant can decide whether to continue. Where a refusal ground exists, the delegate must invite the sponsor to comment, and if the delegate is inclined to approve, policy is to interview the applicant first, preferably in person and without the sponsor present.

Those rules are explained in more depth in the firm's guidance on whether you can get a partner visa if your sponsor has a criminal record and how a lawyer can help where the sponsor has a criminal record. The partner visa female sponsor police check policy only affects whether a check is requested. It does not soften any of these tests.

The applicant's own police checks are a separate requirement

The partner visa female sponsor police check policy has no effect on the applicant, who must satisfy public interest criterion 4001 and provide their own police certificates whatever the gender of the sponsor.

Public interest criterion 4001 applies to the visa applicant and links to the character test in section 501 of the Migration Act 1958. It does not apply to the sponsor. Regulation 1.20KC and the partner visa female sponsor police check policy apply to the sponsor and not to the applicant. The two regimes run side by side and should never be confused.

The applicant usually needs an Australian police check if they have spent time in Australia, and police certificates from countries where they have lived for 12 months or more in the relevant period. Form 80 may also be requested. The firm's guides on Form 80 for a partner visa, partner visa spent convictions, partner visa overseas convictions and partner visa with a criminal record explain the applicant's character assessment. Where an applicant has a charge that has not been decided, the firm's guide to a partner visa with pending charges explains disclosure and timing.

The same point applies to the permanent stage. Although regulation 1.20KC does not apply at the Subclass 801 or Subclass 100 stage, the applicant must again meet the character criteria at that stage. The firm's guide to partner visa second stage documents explains what is usually required.

Tribunal decisions involving sponsorship and police checks

The Administrative Review Tribunal, and the former Administrative Appeals Tribunal, have remitted partner visa decisions where sponsorship requirements, missing material or expired police certificates were part of the issues recorded. The following decisions are described only by the issues recorded and are not described as outcomes for any party:

• Manalo (Migration) [2024] AATA 1927 was a Subclass 820 matter that the Tribunal remitted. The issues recorded were that the sponsorship form and other requested material had not been provided to the Department, COVID restrictions and access issues, prehearing, oral and witness evidence, and departmental policy.
• Fouracres (Migration) [2024] AATA 61 was a Subclass 820 matter that the Tribunal remitted. The issues recorded were criminal history, an Australian Federal Police certificate that expired before the visa was finalised, and a new certificate provided to the Tribunal. That decision concerned the applicant's own check.
• Ellis (Migration) [2024] AATA 3411 was a Subclass 820 matter that the Tribunal remitted. The issues recorded were sponsorship approval, a sponsor convicted of a relevant offence, a significant criminal record, and whether it was reasonable to approve the sponsorship.

These decisions show that sponsorship requirements and police checks are matters the Tribunal reviews on the evidence before it. They do not predict the outcome of any other case. Every partner visa female sponsor police check matter depends on its own facts.

Partner visa female sponsor police check refusals and review

If a partner visa is refused because a sponsor did not provide requested police checks, because the sponsor did not consent to disclosure, or because the sponsorship was not approved under regulation 1.20KC(3), the refusal is generally reviewable by the Administrative Review Tribunal within strict time limits.

The application for review must be made within 28 days after the applicant is notified of the decision, or 7 days if the person is in immigration detention, and that time cannot be extended. For a Subclass 820 refusal, the applicant applies. For a Subclass 309 refusal, the visa applicant applies. For a Subclass 300 refusal, the sponsor applies. The refusal letter should be read immediately.

On review, the Tribunal considers the evidence at the time of its own decision. In a partner visa female sponsor police check case, police checks that were not provided to the Department can be provided to the Tribunal, and further submissions can be made on any discretion. The firm's page on partner visa refusals, its visa refusals page, the guide to the partner visa ART review process, the article on who can lodge a partner visa appeal and the guide to the partner visa appeal deadline explain the process. The firm's answers on challenging a refusal involving sponsorship limitations and on legal help with a partner visa sponsorship refusal deal with sponsorship refusals specifically. Where a Tribunal decision involves a legal error, judicial review may be available.

Partner visa female sponsor police check advice across Australia

My Migration Lawyers advises female sponsors and their partners on partner visa female sponsor police check questions wherever they live in Australia, with consultations held by video.

The firm acts as partner visa lawyers in Sydney and Parramatta, and as partner visa lawyers in Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra and Hobart. The firm's partner visa lawyers page explains its partner visa practice, and the complete guide to partner visas in Australia explains every subclass and stage. Answers to many related questions are collected in the firm's partner visa questions centre.

How My Migration Lawyers helps with a partner visa female sponsor police check

My Migration Lawyers acts in many partner visa matters involving sponsor police checks, sponsor character questions and the regulation 1.20KC sponsorship limitations, including complex cases where a sponsor has a history, a current charge, an order or overseas residence that makes checks slow to obtain. The firm deals with these matters regularly and is capable of handling a partner visa female sponsor police check issue from the first decision about what to lodge through to Tribunal review.

The firm's work on this exact problem includes:

• Deciding whether to lodge checks up front. The firm reviews the sponsor's residence history, any criminal or court history and whether a child is included, and advises whether a partner visa female sponsor police check should be provided with the application.
• Identifying which checks are needed. The firm works out whether an Australian check is needed, which foreign countries fall within the 12 month rule, and whether translations are required.
• Preparing the sponsorship form. The firm prepares Form 40SP so that the criminal history answers and the consent to disclose section are accurate and complete.
• Handling a request. Where a request arrives, the firm diarises the response period, provides the checks or evidence of their request, and asks for an extension where a foreign check is delayed.
• Foreign checks that cannot be obtained. The firm prepares the sponsor's statutory declaration in the form the Department's guidance describes, setting out the sponsor's own account of her efforts and history, which the sponsor reviews and corrects before signing.
• Character concerns. Where a check reveals a conviction, the firm advises on whether it is a relevant offence, whether there is a significant criminal record, and what submissions the sponsor can make on the discretion in regulation 1.20KC(4).
• Section 57 responses and review. Where the Department proposes refusal, the firm prepares the response. Where the visa is refused, the firm prepares the Tribunal application, evidence and submissions.

The firm's Principal Lawyer, Weiwei Zhang, oversees its partner visa practice. More about the firm is on the about page.

If you are a female sponsor and want advice on a partner visa female sponsor police check before lodging, or you have received a request from the Department, book a consultation online. You can also call 1300 040 300.