Partner Visa Sponsor Character Submission

A partner visa sponsor character submission is the written legal argument that asks the Department of Home Affairs to approve a partner visa sponsorship even though the Australian sponsor has a criminal record. A partner visa sponsor character submission is needed most often where the sponsor has been convicted of a relevant offence and has a significant criminal record under regulation 1.20KC of the Migration Regulations 1994. In that situation the law says the Department must refuse the sponsorship unless it decides that approval is reasonable.

A well prepared partner visa sponsor character submission gives the decision maker a lawful, evidence based reason to say yes. It sets out the sponsor's history accurately, explains the legal test, addresses each matter the delegate must consider, and attaches the documents that prove what the submission says. It is not a character reference and it is not a plea for sympathy. It is legal work, and it is often the document that decides whether a couple can build their life together in Australia.

This guide explains when a partner visa sponsor character submission is needed, how My Migration Lawyers structures one, what evidence goes with it, how the consent to disclosure rules work, when it should be lodged, how a regulation 1.20KB waiver request differs, and what happens if the sponsorship is still refused. For the full set of sponsorship bars, see the firm's page on partner visa sponsorship limitations. For the wider visa framework, read the complete guide to partner visas in Australia.

What is a partner visa sponsor character submission?

A partner visa sponsor character submission is a structured legal document, lodged with the Department, that argues why a sponsorship should be approved despite the sponsor's criminal history and that is backed by court records and supporting evidence.

The submission is usually written for the sponsor, because it is the sponsor's criminal history that is being assessed. The visa applicant is still directly affected, because a sponsorship that is not approved means the visa must be refused. For that reason a partner visa sponsor character submission is often prepared for the couple together, with input from both partners.

It is different from the sponsorship form itself. The sponsor completes Form 40SP, which asks about the sponsor's criminal history and asks for consent to disclose convictions. The firm's guide to Form 40SP for partner visa sponsors explains that form. The submission goes further. It takes what the form discloses and explains, in legal terms, why the Department can and should approve the sponsorship.

It is also different from the visa applicant's own character assessment. The applicant must meet the public interest criteria, including the character requirement in section 501 of the Migration Act 1958. That is a separate test, covered in the guide to partner visa character requirements. A partner visa sponsor character submission deals only with the sponsor's criminal history under the sponsorship rules.

When is a partner visa sponsor character submission needed?

A partner visa sponsor character submission is needed when the sponsor's criminal history gives the Department a legal ground to refuse the sponsorship, or when the sponsor wants to put the history in context before the Department reaches a view.

The main situations are these:

• Relevant offence and significant criminal record. The sponsor has been convicted of a relevant offence under regulation 1.20KC(2) and has a significant criminal record under regulation 1.20KD. The Department must refuse under regulation 1.20KC(3) unless it decides approval is reasonable under regulation 1.20KC(4). This is the core case for a partner visa sponsor character submission.
• Registrable offence and a child in the application. The sponsor, or the sponsor's partner, has a conviction for a registrable offence and a visa applicant will be under 18 at the time of decision. Regulation 1.20KB requires refusal unless a waiver applies. A waiver request is a specialised form of submission.
• Invitation to comment. The Department has written to the sponsor inviting comment on the convictions. Policy says a delegate who finds grounds under regulation 1.20KC(3) must invite the sponsor to comment. The response to that letter is a partner visa sponsor character submission in substance, whatever it is called.
• Relevant offence with no significant criminal record. The Department cannot refuse the sponsorship under regulation 1.20KC(3), but the conviction is disclosed to the applicant with the sponsor's consent. A short submission can still help, particularly where the applicant's decision to continue, or the genuineness of the relationship, may be questioned.

The firm's guide to relevant offences for partner visa sponsors explains which offences are caught, and the guide to a sponsor's significant criminal record explains the sentence threshold. Where the sentence was a fine, bond or community order, read the guide to a sponsor with a conviction but no jail time.

The submission is not needed for every offence on a police check. Convictions for offences that are not relevant offences, such as many traffic or dishonesty offences, cannot be used to refuse the sponsorship under regulation 1.20KC and cannot be disclosed to the applicant under that regulation. A sponsor risk assessment before lodgement sorts the history into what matters and what does not.

Which visas does a partner visa sponsor character submission apply to?

A partner visa sponsor character submission under regulation 1.20KC applies to sponsorships for the Subclass 300, Subclass 309 and Subclass 820 visas where the application was made on or after 18 November 2016.

Regulation 1.20KC does not apply to the permanent Subclass 100 and Subclass 801 stages. By the time the second stage is assessed, the sponsorship was approved at the first stage. The guide to the sponsor at the second stage explains what the sponsor still needs to do, and the guide to sponsor police checks at the second stage covers checks requested later.

The relevant first stage visas are the onshore Subclass 820 partner visa, the offshore Subclass 309 partner visa and the Subclass 300 prospective marriage visa. The same partner visa sponsor character submission principles apply to each, although the review pathway differs, as explained later in this guide.

What does regulation 1.20KC say?

Regulation 1.20KC requires the Department to refuse a sponsorship if the sponsor has been convicted of a relevant offence and has a significant criminal record in relation to that offence, unless the Department considers it reasonable to approve the sponsorship.

The regulation has six parts. Subregulation (1) sets the visas it applies to. Subregulation (2) defines relevant offences. Subregulation (3) makes refusal mandatory where there is a relevant offence and a significant criminal record. Subregulation (4) allows approval despite subregulation (3) where it is reasonable. Subregulation (5) allows the Department to request Australian and foreign police checks. Subregulation (6) allows refusal where requested checks are not provided within a reasonable time.

Relevant offences under regulation 1.20KC(2)

A relevant offence is an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving any of these matters:

• violence against a person, including (without limitation) murder, assault, sexual assault and the threat of violence;
• the harassment, molestation, intimidation or stalking of a person;
• the breach of an apprehended violence order, or a similar order, issued under a law of a State, a Territory or a foreign country;
• firearms or other dangerous weapons;
• people smuggling;
• human trafficking, slavery or slavery-like practices (including forced marriage), kidnapping or unlawful confinement;
• attempting to commit an offence involving any of these matters; and
• aiding, abetting, counselling or procuring the commission of an offence involving any of these matters.

Each category has its own guide. See the firm's articles on a sponsor's domestic violence conviction, a sponsor's assault conviction, a sponsor's stalking conviction and a sponsor convicted of breaching an AVO. A partner visa sponsor character submission for each of these offences will look different, because the nature of the offence shapes the argument.

Significant criminal record under regulation 1.20KD

A sponsor has a significant criminal record in relation to a relevant offence if the sponsor was sentenced to death, to imprisonment for life, to imprisonment for 12 months or more, or to two or more terms of imprisonment totalling 12 months or more.

Department policy confirms several points that matter for a partner visa sponsor character submission. A suspended sentence of 12 months or more counts, because it is the sentence that matters, not the time served. Concurrent terms count where the total period is 12 months or more. Early release does not remove a sentence of 12 months or more. A conviction that has been quashed or otherwise nullified, or a pardon under which the sponsor is taken never to have been convicted, is disregarded.

A "conviction" means that the court recorded a conviction. Where a court found the sponsor guilty but did not record a conviction, for example on a good behaviour bond without conviction, the Department cannot rely on that outcome under regulation 1.20KC. Getting the court record right is therefore the first step in every partner visa sponsor character submission. The firm's guide to the sponsor's criminal record explains how these records are read.

Why "have regard to" matters in a partner visa sponsor character submission

The delegate must consider each matter in regulation 1.20KC(4) and must show in the decision how each was considered, but no single matter has to be "met" or "satisfied" before the sponsorship can be approved.

This is the most important legal point in a partner visa sponsor character submission. The Department's own policy on regulations 1.20KC and 1.20KD, at paragraph 3.7.2, says that the requirement to have regard to the matters means the delegate must consider them and clearly show how they were considered. The policy then states that it would be an error of law for a delegate to state or imply that the reason for not approving a sponsorship is that one or more of the matters is "not met" or "not satisfied".

This matters in practice. A delegate who writes that "the length of time since the sentence was completed is not satisfied" has applied a test that does not exist. A delegate who ignores the best interests of the children has failed to have regard to a mandatory matter. Either error may give grounds for review. A partner visa sponsor character submission should therefore present each matter clearly, under its own heading, so that the delegate's reasoning can be measured against it.

The same policy confirms that the matters are inclusive. Regulation 1.20KC(4) requires regard to matters that "include, but are not limited to" the three listed matters. A partner visa sponsor character submission can, and usually should, address other relevant matters such as rehabilitation, remorse, the circumstances of the offending, the risk to the applicant and the applicant's own informed wishes.

Where the Department has already refused and the refusal record treats the matters as criteria, the firm reviews the decision for legal error. The guide to partner visa refusal reasons and the commercial page on partner visa refusals explain that next step.

How My Migration Lawyers structures a partner visa sponsor character submission

My Migration Lawyers structures a partner visa sponsor character submission around the legal test, with one section for the facts, one for the law, one for each regulation 1.20KC(4) matter, one for other relevant matters, and a conclusion that ties the evidence to the decision the delegate must make.

The structure is deliberate. Delegates decide many sponsorship cases. A submission that follows the order of the regulation and the Department's own policy makes the delegate's task easier and makes any failure to consider a matter easier to identify on review. The sections below describe each part of a typical partner visa sponsor character submission.

Part 1: the sponsor's history, stated accurately

The first part sets out the sponsor's criminal history exactly as the court records show it. That includes each relevant offence, the date of the offence, the date of conviction, the court, the sentence and the date the sentence was completed, including any parole or good behaviour period.

Accuracy here is essential. A partner visa sponsor character submission that understates the history destroys its own credibility, because the Department will compare it with the police check. The child protection policy for regulation 1.20KB goes further and treats a failure to disclose relevant convictions as indicating a failure to accept responsibility and an increased risk of reoffending. The sponsor's history must be presented as it is. Where earlier forms missed something, the guide to undisclosed convictions explains how an omission is corrected.

This part also identifies what is not relevant. Convictions for offences outside regulation 1.20KC(2), findings of guilt without conviction, and spent or quashed convictions are identified and explained, so that the delegate assesses only what the law allows. The guide to spent convictions explains how those records are treated, and the guide to overseas convictions deals with foreign records.

Part 2: the legal framework

The second part states the law: regulation 1.20KC(2), (3) and (4), regulation 1.20KD, and the relevant time of decision criterion in clause 300.222, 309.222 or 820.221. It states that the matters in regulation 1.20KC(4) must be considered and are not criteria, and it refers to paragraph 3.7.2 of the policy.

A partner visa sponsor character submission should not lecture the delegate. It should state the test briefly and correctly, so that the rest of the submission can apply it.

Part 3: the time since the sentence was completed

The third part addresses regulation 1.20KC(4)(a), the length of time since the sponsor completed the sentence or sentences for the relevant offence.

Department policy says discretion may weigh more in favour of a sponsor who completed a sentence many years ago and has not offended since, compared with a sponsor whose offending is recent. The policy gives the example of a sentence completed ten years ago with no further offending. It also says delegates should be cautious about approving a sponsorship solely on the basis of time where less than five years have passed since the sentence was completed, because five years may not be enough to show the likelihood of reoffending. The policy adds that each case is different.

That guidance shapes the argument. Where more than five years have passed without further offending, the partner visa sponsor character submission says so and proves it with current police checks. Where less than five years have passed, the submission does not rely on time alone. It brings forward the other matters, such as children, the relationship and rehabilitation, so that the decision does not rest only on the time factor. Where the sponsor is still serving a sentence, policy says this matter is not relevant to the case, and the submission must rely on the remaining matters.

Part 4: the best interests of children

The fourth part addresses regulation 1.20KC(4)(b), the best interests of any children of the sponsor or the primary visa applicant. Policy says this covers biological, adopted and step-children, and that the best interests of these children should be treated as a primary consideration.

The policy states that the best interests of a child may satisfy the delegate that approval is reasonable despite factors pointing the other way, especially where the child is a child of the relationship, because a child's best interest is generally to be with or have access to both parents. The policy lists matters a delegate may consider, including:

• how long the child has lived with the sponsor;
• the care and financial, emotional or physical support the sponsor provides;
• the sponsor's involvement in major decisions such as education and health;
• any Australian or foreign court orders about the sponsor and the child, such as an apprehended violence order or parenting orders;
• the child's integration into the Australian community; and
• the effect on the child of a refusal, including the difficulty of living in the country of return.

The policy also says that best interests are not the only consideration. They may be outweighed, for example where approval may put a person at risk of harm. A partner visa sponsor character submission must deal with that honestly. Where court orders deny the sponsor contact with a child, policy says it may not be in the child's best interests to approve the sponsorship, and the submission must address the order directly rather than avoid it.

Children feature in many partner visa sponsor character submission cases. See the firm's guides on adding children to a partner visa, partner visa stepchildren, child custody and consent and Australian citizen children as compelling reasons.

Part 5: the length of the relationship

The fifth part addresses regulation 1.20KC(4)(c), the length of the relationship between the sponsor and the primary visa applicant.

Policy says a long relationship alone does not justify approval, and a short relationship alone does not justify refusal. The delegate should consider all aspects of the relationship, including whether the couple were already in a relationship when the offence was committed or the sentence served, whether the applicant knew the nature and extent of the sponsor's history before the Department disclosed it, and the applicant's own reasons why the sponsorship should be approved.

That last point is often overlooked. A partner visa sponsor character submission should include the applicant's informed, freely given reasons for wanting the sponsorship approved, usually in the applicant's own statement. It should show when and how the applicant learned of the sponsor's history. Evidence of the relationship is the same evidence used to prove a genuine relationship, so the submission draws on the couple's relationship statements and Form 888 supporting statements from witnesses who know the couple.

Part 6: other relevant matters, including rehabilitation

The sixth part addresses matters outside the three listed matters. Because regulation 1.20KC(4) is inclusive, a partner visa sponsor character submission may address:

• the circumstances and seriousness of the offending, as described in the sentencing remarks;
• whether the offending was isolated or part of a pattern;
• the sponsor's acceptance of responsibility and remorse;
• completion of programs such as behaviour change, anger management, drug and alcohol or counselling programs;
• compliance with parole, bonds and court orders;
• stable employment, housing and community involvement since the offending;
• professional assessments of risk, where available; and
• the impact of refusal on the sponsor, the applicant and the family.

The child protection policy for regulation 1.20KB gives guidance that is useful by analogy. It says greater weight should generally be given to evidence from independent and authoritative sources, such as judicial comments, professional psychological reports, pre-sentence reports, parole assessments and probation reports. A partner visa sponsor character submission that relies only on the sponsor's own account is weaker than one supported by independent records.

Part 7: the conclusion

The final part draws the matters together and explains why, weighing everything, approval is reasonable. It identifies the evidence that supports each finding the delegate is asked to make. It is short. A partner visa sponsor character submission that ends with a clear, lawful path to approval is easier for a delegate to adopt.

What evidence supports a partner visa sponsor character submission?

The evidence for a partner visa sponsor character submission is the documentary record of the sponsor's offending, sentence, rehabilitation and current life, together with evidence of the relationship and of any children's circumstances.

A typical evidence bundle includes:

• Court documents. The court outcome or certificate of conviction, the charge sheet and the police facts sheet, so the delegate can see exactly what was found.
• Sentencing remarks. The judge's or magistrate's reasons, which often record remorse, prospects of rehabilitation and the circumstances of the offence.
• Sentence completion evidence. Parole discharge, completion of community orders or bonds, and correspondence from corrective services.
• Current police checks. An Australian Federal Police National Police Check in the Immigration/Citizenship category, and any foreign police certificates the Department requests. The guides to the sponsor police check, the AFP police check and overseas police certificates explain what is required.
• Rehabilitation evidence. Program completion certificates, treating practitioner letters and, where appropriate, a psychological report.
• References. Letters from employers, community leaders, family members and others who know the sponsor's history and can speak to the sponsor's conduct since. A reference that does not acknowledge the offending carries little weight.
• Employment and stability. Employment letters, payslips, tenancy or ownership records and evidence of community involvement.
• Family impact. Evidence of the children's living arrangements, school and health records, parenting orders, and statements about the effect of refusal on the family.
• Statements from the sponsor and the applicant. The sponsor's statement accepting responsibility and explaining change, and the applicant's statement about knowledge of the history and reasons for continuing.

Every document must be genuine and must reflect the sponsor's real history. My Migration Lawyers presents the evidence the sponsor actually has, organises it and explains its legal relevance. The firm never creates, alters or embellishes evidence, and never drafts a reference for a person to sign as if it were their own account. Providing false or misleading information to the Department has serious consequences, including under public interest criterion 4020. The firm's partner visa sponsor documents guide lists the general sponsor documents.

Does the sponsor have to consent to disclosure of the convictions?

Yes. The sponsor must consent to the Department disclosing any conviction for a relevant offence to each applicant included in the sponsorship. This is a time of decision criterion in clauses 300.222, 309.222 and 820.221.

Policy explains how the consent rules work:

• Consent given. If the sponsorship form shows consent, the Department does not need to ask again, however much time has passed.
• Consent expressly refused. The visa criterion cannot be met. The Department will send the applicant a section 57 letter saying the sponsor has not consented, without giving details of the convictions, and the visa will be refused.
• Form left silent. The Department should not assume refusal. It should send a request for consent. If the sponsor does not respond within the time given, the Department may find the criterion is not met.

Refusal of consent is not a ground to refuse the sponsorship. It is a separate ground to refuse the visa. Either way the result is the same. A sponsor who wants the application to succeed must consent, and a partner visa sponsor character submission is lodged on the basis that the applicant will learn of the convictions. That is why the submission must be accurate and why the applicant's informed view matters.

Where the convictions do not create a significant criminal record, policy says the delegate should still disclose them to the applicant, with consent, so the applicant can make an informed decision about continuing. Policy states that the Department does not intend to pressure the applicant either way. The guide to sponsor criminal record and partner visas gives the short answer to this question.

What if the sponsor has not provided police checks?

The Department may refuse the sponsorship under regulation 1.20KC(6) if the sponsor does not provide requested police checks within a reasonable time. A partner visa sponsor character submission cannot be assessed properly until the checks are provided.

Policy says the delegate may refuse where the sponsor had reasonable time and opportunities and has neither provided the checks nor shown efforts to obtain them. Where a sponsor has applied for a check but it has not arrived, the sponsor should give the Department evidence of the application. The guide to a sponsor police check not provided explains this risk, and the FAQ on when a police certificate cannot be obtained covers foreign checks.

How is a regulation 1.20KB waiver submission different?

A regulation 1.20KB waiver submission is needed where the sponsor or the sponsor's partner has a conviction for a registrable offence and a visa applicant will be under 18 at the time of decision. It is a stricter test than regulation 1.20KC(4), and the submission must meet threshold conditions before discretion arises.

Regulation 1.20KB protects minor visa applicants from sponsors with convictions or unresolved charges for offences of a type that could be recorded on the Australian National Child Offenders Register. A conviction requires refusal unless all applicants are 18 or over at the time of decision, or the conviction has been quashed or set aside. An unresolved charge also requires refusal unless the applicants are 18 or over or the charge has been withdrawn, dismissed or disposed of without conviction.

The waiver provisions in regulations 1.20KB(4), (5), (9) and (10) apply only if all of these are met:

• the offender completed the sentence for the registrable offence, including any parole, recognisance or licence period, more than five years before the sponsorship application was lodged;
• there has been no charge for a registrable offence since the sentence was completed, or any such charge was withdrawn, dismissed or disposed of without conviction; and
• there are compelling circumstances affecting the sponsor or the visa applicant.

Policy says it is the responsibility of the sponsor or applicant to demonstrate compelling circumstances. Even if they are accepted, approval remains discretionary and, under policy, should not occur unless approval would be consistent with the best interests of each minor visa applicant. The policy gives primary consideration to protection of the child from serious criminal conduct, the child's ties with Australia and Australia's international obligations. It considers the seriousness of the offending, the risk of reoffending, rehabilitation evidence and the arrangements in place to protect the child, such as a child welfare management plan or third parties able to monitor the child's welfare.

A partner visa sponsor character submission seeking a regulation 1.20KB waiver is therefore built around child safety evidence first. Where both regulation 1.20KB and regulation 1.20KC apply, policy says regulation 1.20KB is considered first. Where the sponsor's history includes other serious offences and a child is included, public interest criteria 4016 and 4018 may also need to be addressed. These cases are among the most sensitive the firm handles, and they are discussed at length in the guide to complex partner visa applications.

When should a partner visa sponsor character submission be lodged?

A partner visa sponsor character submission should be prepared before the visa application is lodged, or as soon as the sponsor's history is known, and it must be before the Department when the decision is made.

The sponsorship is assessed at the time of decision, not the time of application. Policy confirms that the sponsor's police checks must be valid at the time of decision. This has three consequences:

• Early lodgement helps. Lodging the submission with the application or soon after means the delegate reads the context before forming a view. The firm's guide to sponsorship lodgement explains the process, and the page on urgent partner visa lodgement applies where timing is critical.
• Time keeps running. Because the decision is made later, the time since the sentence was completed grows while the application is processed. A partner visa sponsor character submission can be updated with new police checks and evidence before the decision.
• Later events count. New charges or convictions before the decision are relevant. Policy says the sponsorship cannot be refused under regulation 1.20KC only because a criminal matter has not been finalised, but the delegate may request information and may defer the decision for a short time. The FAQ on a pending criminal charge explains that position.

Where the Department sends an invitation to comment, the response is due within the period stated in the letter. That period is short, and the response should be a complete partner visa sponsor character submission, not a holding letter. The guides on how to respond to a section 57 letter, on section 57 adverse information and on asking for an extension explain the procedure. The guide to sponsorship approval timing explains when the sponsorship decision is made.

Will the Department interview the applicant?

Yes, in many cases. Department policy says that if the delegate is inclined to approve a sponsorship under regulation 1.20KC(4), the delegate should interview the visa applicant before approving it and should disclose the convictions to the applicant, provided the sponsor has consented.

The purpose of the interview is to ensure that the applicant is not being forced, coerced or intimidated into continuing. Policy recognises that a controlling sponsor who is also the applicant's authorised recipient may prepare responses to serve the sponsor's interest. The interview gives the applicant a safe and confidential setting.

A partner visa sponsor character submission should anticipate the interview. The applicant should understand the sponsor's history before the interview, should have given a statement in their own words, and should be prepared to speak freely. Preparation is about clarity, never about scripting answers. The guides to the partner visa sponsor interview, partner visa interview questions and interview preparation with a lawyer explain what to expect.

If the applicant is experiencing violence or control, the priority is safety, not the sponsorship. Applicants in that position should read about the family violence provisions for partner visas and the FAQ on help with an abusive sponsor. Anyone in immediate danger should call 000.

What should a partner visa sponsor character submission never do?

A partner visa sponsor character submission should never minimise the offending, contradict the court record, attack the victim, blame the applicant, or rely on documents that are not genuine.

Delegates read the sentencing remarks. A submission that describes a serious assault as a "minor disagreement" will be measured against the court's findings and will lose credibility. A sponsor can explain context, such as substance use at the time and treatment since, but must accept what the court found.

A partner visa sponsor character submission should also avoid arguing that the offence should not have been a relevant offence when it clearly is, or that the sentence did not create a significant criminal record when it clearly did. Those arguments are made only where there is a genuine legal basis, for example where a conviction was later quashed on appeal or where the offence category is genuinely doubtful.

Finally, it should not overstate the strength of the case to the couple. My Migration Lawyers gives a realistic view of the risks at the start. Some histories, particularly recent and serious violence against a former partner, present real difficulties, and the firm says so plainly.

What do Tribunal decisions show about these submissions?

Tribunal decisions show that the matters in regulation 1.20KC(4) are weighed together and that evidence of time, remorse and the absence of reoffending can lead the Tribunal to send a case back to the Department.

Three decisions recorded in My Migration Lawyers' research database of partner visa remittals illustrate this. In 2107808 (Migration) [2024] AATA 4136, a Subclass 309 matter, the recorded issues were a conviction for a relevant offence with a suspended sentence, that the sponsorship may be approved if reasonable, and evidence of remorse and no reoffending. The matter was remitted. In Ellis (Migration) [2024] AATA 3411, a Subclass 820 matter, the recorded issues were a sponsor convicted of a relevant offence with a significant criminal record and whether it was reasonable to approve the sponsorship. The matter was remitted. In Naureen (Migration) [2024] ARTA 468, a Subclass 309 matter, the recorded issues were the sponsor's significant criminal record, the time that had passed since the last imprisonment and the limited time the couple had spent together because of travel restrictions. The matter was remitted.

Each case turns on its facts. These decisions do not mean any particular sponsorship will be approved. They show that a careful partner visa sponsor character submission, supported by evidence on each matter, gives the decision maker a proper basis to find that approval is reasonable.

What happens if the sponsorship is refused?

If the sponsorship is not approved, the visa must be refused. The visa applicant can then apply to the Administrative Review Tribunal for review of the visa refusal, and the Tribunal can consider the sponsorship afresh, including a new or updated partner visa sponsor character submission.

The sponsorship decision under regulation 1.20KC is part of the visa decision, not a separate decision. Policy says the Department does not send the sponsor a separate notice, and that the reasons for not approving the sponsorship must not be put to the visa applicant in natural justice letters or the refusal notice. The applicant may therefore receive a refusal that says the sponsorship criterion was not met without detail. The sponsor's own documents and police checks become essential in working out what happened. The FAQ on understanding a refusal letter and the guide to partner visa refusal letters explain how to read the decision.

Review at the Administrative Review Tribunal

Review of a Subclass 820 refusal is applied for by the visa applicant. Review of a Subclass 309 refusal is also applied for by the visa applicant in their own name, following 2023 amendments. The guide on who can lodge a partner visa appeal explains this change.

The deadline is generally 28 days after the applicant is notified of the decision, and 7 days for a person in immigration detention. The refusal letter states the deadline that applies. The Tribunal cannot extend a missed deadline, so the applicant should act immediately. The guides to the partner visa appeal deadline and the FAQ on the review deadline after a partner visa refusal explain the timing.

As at October 2026, the Tribunal's application fee for review of a migration decision is $3,580. A reduction of 50 per cent may be available where paying the full fee would cause financial hardship. The guide to partner visa ART fees explains the fee.

At review, the partner visa sponsor character submission is updated with the latest police checks, evidence of time passed, and any new evidence about children, the relationship and rehabilitation. The firm's guides to partner visa appeal submissions, ART evidence and the ART hearing explain the review process, and the page on urgent ART visa refusal applications applies where the deadline is close. Where the Tribunal also refuses, judicial review of a partner visa decision may be available for legal error.

How My Migration Lawyers prepares a partner visa sponsor character submission

My Migration Lawyers prepares partner visa sponsor character submissions for sponsors and couples where the sponsor's criminal history puts the sponsorship at risk under regulation 1.20KC or regulation 1.20KB. The firm acts in many sponsorship matters of this type, including complex cases involving significant criminal records, children in the application, foreign convictions and refusals already on file, and it has the experience to handle them carefully.

The work is led by Principal Weiwei Zhang. On a partner visa sponsor character submission, the firm:

• obtains and reads the court records, sentencing remarks and police checks to establish the sponsor's exact history;
• identifies which convictions are relevant offences, whether a significant criminal record exists, and whether regulation 1.20KB or public interest criteria 4016 and 4018 apply;
• advises the couple honestly on the risks before lodgement;
• drafts the partner visa sponsor character submission around each regulation 1.20KC(4) matter and any other relevant matters, citing the Department's own policy;
• helps the sponsor gather genuine evidence of rehabilitation, employment, family circumstances and the relationship;
• prepares the sponsor's and the applicant's statements in their own words, based on what they tell the firm;
• responds to invitations to comment and section 57 letters within the deadline; and
• acts for the visa applicant on review at the Administrative Review Tribunal if the visa is refused.

The firm works with clients across Australia by video consultation, from its office at Level 1, 60 Martin Place, Sydney. Clients can also read about the firm's partner visa lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide, the guide to a partner visa lawyer for a criminal record, and the FAQ on hiring a lawyer for a sponsor with a criminal record.

A partner visa sponsor character submission is most effective when it is prepared before the Department forms a view. Book a Consultation with My Migration Lawyers to have the sponsor's history assessed, or call 1300 040 300.