Partner Visa Sponsor and Children in the Application: Regulation 1.20KB

Partner visa sponsor child offences are governed by regulation 1.20KB of the Migration Regulations 1994. Where a Subclass 820, Subclass 309 or Subclass 300 application includes an applicant under 18, the Department of Home Affairs must refuse the sponsorship if the sponsor has been convicted of, or is facing an unresolved charge for, a registrable offence.

The partner visa sponsor child offences rule is one of the strictest sponsorship bars in Australian migration law. It applies to every applicant included in the sponsorship, not only the child. If the bar applies and no exception or waiver is available, the adult partner's visa is refused as well. This guide explains exactly which offences are caught, why the definition is narrower than many people assume, when the bar does not apply, how the 5-year waiver works, and how the best interests of the child are assessed. It is written for sponsors and applicants who need accurate information before they lodge, or who have received a request for police checks or comments from the Department.

The firm's commercial page on partner visa sponsorship limitations explains every sponsorship bar in the Migration Regulations. For the wider framework, the complete guide to partner visas in Australia sets out each subclass and stage, and the overview of when a sponsor cannot sponsor a partner visa places regulation 1.20KB alongside the other limits.

Partner visa sponsor child offences: what does regulation 1.20KB do?

Regulation 1.20KB stops the Department from approving a sponsorship where a child applicant would be sponsored by a person with a conviction or unresolved charge for a registrable offence, unless an exception or the waiver applies.

Department policy describes the purpose of regulation 1.20KB as protecting minor visa applicants from being sponsored by people with convictions or unresolved charges for child sex offences or other serious offences indicating that they might pose a significant risk to a child in their care. The Department refers to these sponsors as "sponsors of concern". The measures were introduced on 27 March 2010.

Regulation 1.20KB does four separate things:

• it gives the Department the legal authority to ask the sponsor, and in some visas the sponsor's partner, for Australian and foreign police checks;
• it imposes a legislative bar on approving a sponsorship where the sponsor, or the sponsor's partner, has an unresolved charge or a conviction for a registrable offence;
• it allows the sponsorship to be refused if a requested police check is not provided within a reasonable time; and
• it allows the bar to be waived in limited, compelling cases where more than 5 years have passed since the sentence was completed.

The partner visa sponsor child offences bar is not a character test of the applicant. The applicant's own character is assessed separately under the partner visa character requirements. Regulation 1.20KB looks only at the sponsor and, where relevant, the sponsor's partner. The sponsor's role in a partner visa and the sponsorship assessment explain how the sponsorship sits within the visa decision.

Which visas does the partner visa sponsor child offences rule apply to?

The partner visa sponsor child offences rule applies to the Subclass 309, Subclass 820 and Subclass 300 visas, and also to the Child visas (Subclass 101 and Subclass 802) and the Subclass 445 Dependent Child visa, where an applicant is under 18.

Department policy lists the relevant visas as Partner UF-309 and UK-820, Prospective Marriage TO-300, Child AH-101 and BT-802, and Extended Eligibility TK-445, for applications made on or after 27 March 2010. Policy explains that these are the visa categories where the sponsor is likely to have a parental role in relation to a child applicant.

For partner visas, this means:

• Subclass 820 onshore partner visa. The bar applies where a child is included in the application.
• Subclass 309 offshore partner visa. The bar applies in the same way.
• Subclass 300 prospective marriage visa. The bar applies where a child is included with the intended spouse.

Department policy states that regulation 1.20KB does not apply to the Subclass 100 visa. The sponsorship assessment happens at the temporary or prospective marriage stage. The permanent stage is explained in the guide to the partner visa citizenship pathway.

The rule applies only where a child is an applicant

A partner visa sponsor child offences issue arises only where at least one applicant included in the sponsorship is under 18. Policy requires the sponsor's police checks for regulation 1.20KB where an applicant is under 18 at the time of the visa application. The bar itself is applied by reference to the ages of the applicants at the time the sponsorship is decided.

Children are usually included as secondary applicants. The guides to adding children to a partner visa, partner visa stepchildren and including your partner's children explain how a child becomes part of the application. A child who is listed as non-migrating is not an applicant. The guide to partner visa non-migrating children explains that category.

What is a registrable offence under regulation 1.20KB(13)?

A registrable offence is an offence that is a registrable offence or reportable offence under one of eight State and Territory child offender registration or reporting Acts, or an offence that would be one if it had been committed in one of those jurisdictions.

This definition is the centre of every partner visa sponsor child offences assessment. Regulation 1.20KB(13) does not contain its own list of crimes. It borrows the lists in State and Territory law.

The eight State and Territory Acts

Under regulation 1.20KB(13), as set out in Department policy, a registrable offence means:

• (a) an offence that is a registrable offence within the meaning of the Child Protection (Offenders Registration) Act 2000 (NSW), the Sex Offenders Registration Act 2004 (Vic), the Child Sex Offenders Registration Act 2006 (SA) or the Crimes (Child Sex Offenders) Act 2005 (ACT);
• (b) an offence that would be a registrable offence under paragraph (a) if it were committed in one of those jurisdictions;
• (c) an offence that is a reportable offence within the meaning of the Child Protection (Offender Reporting) Act 2004 (Qld), the Community Protection (Offender Reporting) Act 2004 (WA), the Community Protection (Offender Reporting) Act 2005 (Tas) or the Child Protection (Offender Reporting and Registration) Act (NT); and
• (d) an offence that would be a reportable offence under paragraph (c) if it were committed in one of those jurisdictions.

Department policy links these offences to the type of offence that could be listed on the Australian National Child Offenders Register.

Offences committed in another State or overseas

Paragraphs (b) and (d) extend the definition. An offence committed in one State, in another country, or under Commonwealth law can be a registrable offence if it would be registrable or reportable in one of the listed jurisdictions. Policy notes that all of the listed Acts recognise, to varying extents, equivalent offences committed in other jurisdictions. The overall effect is that an offence that was not registrable where it was committed may still be a registrable offence for regulation 1.20KB.

In a partner visa sponsor child offences assessment, a sponsor with a conviction recorded in another country needs that conviction analysed against Australian law. The guides to partner visa overseas convictions and overseas police certificates explain how foreign records are obtained and read.

What kinds of offences are registrable?

In broad terms, registrable offences are child sex offences. Policy lists sexual or physical assault of a child, child pornography and child prostitution. The listed Acts also catch some other offences. Policy gives the examples of bestiality, administering drugs to a child and loitering near schools. The indicative NSW list in policy also includes murder where the person murdered is a child, and kidnapping of a child except where the offender was a parent or carer of the child.

Whether a particular offence is registrable depends on the exact offence, the jurisdiction, the age of the victim and, in some cases, the maximum penalty. For example, the NSW indicative list includes an act of indecency against a child only where the offence is punishable by imprisonment for 12 months or more. Each partner visa sponsor child offences case therefore requires the court record to be matched to the precise statutory wording.

Why is "partner visa sponsor child offences" narrower than it sounds?

The phrase partner visa sponsor child offences suggests that any offence involving a child stops the sponsorship. That is not the law. Regulation 1.20KB is engaged only by a registrable offence as defined in regulation 1.20KB(13).

This distinction is the point most commonly misunderstood. Consider three examples:

• A conviction for a sexual offence against a child is very likely to be a registrable offence and to engage the bar.
• A conviction for a non-sexual offence where the victim happened to be a child may or may not be registrable. Policy says some offences of non-sexual violence against a child, such as murder and kidnapping, are registrable, and that the specific offence must be checked against the relevant State or Territory law.
• A conviction for an offence against an adult, such as family violence against a former partner, is not a registrable offence. It is assessed under different provisions.

Offences that are not registrable are not ignored. They are assessed under the Schedule 4 public interest criteria PIC 4016 and PIC 4018, which ask whether there is a compelling reason to believe that granting the visa would not be in the best interests of a child applicant. They may also be relevant to regulation 1.20KC, which deals with partner visa sponsor relevant offences such as violence and breaches of protection orders.

The sponsorship form is broader than regulation 1.20KB. The Form 40SP asks the sponsor to declare any conviction, in any country, relating to persons under 18, including child abuse, child sex, endangering a child, indecent dealings with a child or possession of child pornography, and any such charge awaiting legal action. A sponsor must answer that question truthfully even where the offence would not be registrable. Non-disclosure creates its own risk, as the guide to undisclosed convictions explains.

Does a finding of guilt without conviction count for partner visa sponsor child offences?

No. Department policy states that a finding of guilty without the recording of a conviction is not a conviction for the purposes of regulation 1.20KB.

The difference between a recorded conviction and a finding of guilt without conviction decides how the partner visa sponsor child offences rule applies to a past matter. Where no conviction was recorded, the mandatory refusal under regulation 1.20KB(3) cannot apply to that matter. The court outcome sheet should be read carefully, because the words used differ between courts and between States.

This does not mean the matter is irrelevant to the application. The conduct may still be considered under PIC 4016 or PIC 4018, and it may still need to be declared on the sponsorship form. The guides to disclosing charges that did not lead to a conviction and spent convictions explain the disclosure position. A sponsor with a recorded conviction but no jail time can read about a sponsor conviction with no jail time for the regulation 1.20KC position.

Partner visa sponsor child offences and convictions: regulation 1.20KB(3)

Under regulation 1.20KB(3), the sponsorship of all visa applicants included in the sponsorship must be refused if the sponsor has been convicted of a registrable offence, unless every applicant is 18 or over at the time of the decision, or the conviction has been quashed or otherwise set aside.

This is the mandatory refusal at the heart of the partner visa sponsor child offences rule. The decision maker does not weigh the age of the offence, the sentence or the strength of the relationship at this stage. If the sponsor has a registrable conviction and a child applicant remains under 18 at the time of decision, the sponsorship cannot be approved unless the waiver in regulation 1.20KB(4) and (5) is available.

Three features make a partner visa sponsor child offences conviction especially serious:

• It affects every applicant. The adult partner is refused as well as the child, because the visa requires an approved sponsorship. The guide to what happens if a partner's sponsorship is refused explains the effect.
• There is no significant criminal record threshold. Unlike regulation 1.20KC, the bar does not depend on a sentence of 12 months or more. A conviction for a registrable offence is enough. The separate test in regulation 1.20KD is explained in the guide to a sponsor's significant criminal record.
• The waiver is narrow. It is not available unless more than 5 years have passed since the sentence was completed.

A sponsor with a broader criminal history should also read the guides on a partner visa sponsor with a criminal record and whether a partner visa can be granted where the sponsor has a criminal record.

What if the sponsor has an unresolved charge? Regulation 1.20KB(2)

Under regulation 1.20KB(2), if the sponsor has been charged with a registrable offence, the sponsorship of all applicants must be refused unless every applicant is 18 or over at the time of decision, or the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction.

A pending charge is treated as seriously as a conviction for partner visa sponsor child offences purposes. The presumption of innocence in the criminal court does not change the migration rule. While the charge remains unresolved and a child applicant is under 18, the sponsorship cannot be approved.

The partner visa sponsor child offences waiver does not apply to a charge. Department policy explains that where there is an outstanding charge for a registrable offence, the waiver provision is not enlivened, the sponsorship cannot be approved and the visa must be refused. The case may be referred to the Department's specialist unit without further assessment.

This differs from regulation 1.20KC, where the Department cannot refuse the sponsorship on the basis of an unfinalised matter and may instead defer the decision. The guides to partner visa pending charges and a pending criminal charge explain the general position. Where a charge is a partner visa sponsor child offences matter, the timing of the criminal proceedings and the migration application must be considered together, and the criminal matter must be handled by a criminal lawyer.

Does the bar apply to the sponsor's partner? Regulation 1.20KB(7) and (8)

Yes. Regulation 1.20KB(7) and (8) apply the same unresolved charge and conviction bars where the sponsor's spouse or de facto partner has been charged with or convicted of a registrable offence, with the same exceptions.

Under regulation 1.20KB(8), the sponsorship must be refused if the sponsor's partner has been convicted of a registrable offence, unless every applicant is 18 or over at the time of decision or the conviction has been quashed or otherwise set aside. Under regulation 1.20KB(7), the same applies to an unresolved charge against the sponsor's partner, unless the charge has been withdrawn, dismissed or otherwise disposed of without a conviction being recorded. The waiver in regulation 1.20KB(9) and (10) mirrors the waiver for sponsors.

In practice, the partner visa sponsor child offences provisions for a sponsor's partner matter most for Child visa and Subclass 445 sponsorships. Department policy requires the sponsor's partner to provide police checks for the Child and Subclass 445 visas. In a partner visa, the sponsor's partner is usually the primary visa applicant, whose own character is assessed under the character criteria. The guide to the Subclass 445 dependent child visa explains where a child is sponsored separately, and what happens to a child's Subclass 445 visa if the partner visa is refused covers the link between the two.

Partner visa sponsor child offences exceptions: when does the bar not apply?

The bar does not apply if every applicant is 18 or over at the time of the sponsorship decision, if the conviction has been quashed or otherwise set aside, or if the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction.

These are true exceptions to the partner visa sponsor child offences bar. If one applies, the mandatory refusal does not arise. The waiver discussed below is different: it is a discretion to approve despite the bar.

All applicants are 18 or over at the time of decision

Regulation 1.20KB protects applicants who are under 18. If every applicant included in the sponsorship is 18 or over when the sponsorship is decided, the partner visa sponsor child offences bar does not apply. The convictions may still be relevant under regulation 1.20KC if they are relevant offences there. The guide to a partner visa child turning 18 explains how age affects a child applicant in other respects, and the guide to dependent children over 18 explains the dependency rules.

The conviction has been quashed or set aside

A conviction that has been quashed or otherwise set aside on appeal does not trigger the partner visa sponsor child offences bar. The appeal court's orders are the key evidence. A pardon raises a separate question. Department policy distinguishes between a full pardon, such as exoneration, and a pardon of the remainder of a custodial sentence. A sentence is to be disregarded only in respect of a pardon of the first kind.

The charge was withdrawn, dismissed or disposed of without a conviction

A charge that is withdrawn by the prosecution, dismissed by the court, or otherwise finalised without a conviction being recorded no longer engages regulation 1.20KB(2). In a partner visa sponsor child offences case, certified court documents showing the final outcome should be obtained. A finding of guilt without conviction falls into this category, because it is not a conviction for regulation 1.20KB.

When can a partner visa sponsor child offences conviction be waived?

A registrable conviction can be waived under regulation 1.20KB(4) and (5) only if the sentence, including any period of release under recognisance, parole or licence, was completed more than 5 years before the sponsorship application, there has been no registrable charge since that sentence (or any such charge was disposed of without a conviction), and there are compelling circumstances affecting the sponsor or the visa applicant.

All three conditions must be met before the discretion can even be considered. Even then, approval is not automatic.

Calculating the 5 years

In a partner visa sponsor child offences waiver, the 5-year period is measured from the date the sentence was completed to the date the application for approval of the sponsorship was lodged. The sentence is not complete until any period of parole, recognisance or licence has ended. A sponsor who was released from custody six years ago but whose parole ended four years ago has not passed the 5-year threshold.

Where the sponsor has more than one registrable conviction, policy states that the most recent conviction and the most recent sentence are the ones that count. For partner visas, the sponsorship application is generally made with the visa application. The timing of lodgement can therefore decide whether a waiver is available at all. The guides to partner visa sponsorship lodgement and sponsorship approval timing explain these steps.

No registrable charges since the sentence

The partner visa sponsor child offences waiver is not available if the sponsor has been charged with a registrable offence since completing the sentence, unless that charge was withdrawn, dismissed or otherwise disposed of without the recording of a conviction.

Compelling circumstances

"Compelling" has its ordinary meaning. Policy places the responsibility on the sponsor or applicant to demonstrate that there are compelling circumstances affecting the sponsor or the visa applicant. A partner visa sponsor child offences waiver request that simply says the couple love each other will not meet this standard. The guide to partner visa compelling circumstances explains how the word is used across the partner visa program, although the regulation 1.20KB test is assessed through a child protection lens.

The discretion and the best interests of each child

If compelling circumstances are accepted, the delegate must still decide whether to approve the sponsorship. Department policy states that the sponsorship should not be approved unless the delegate is satisfied, and can document, that approval would be consistent with the best interests of each and every child applicant included in the sponsorship. The best interests of each child must be considered individually.

This means a partner visa sponsor child offences waiver is decided primarily on child protection grounds, not on the strength of the adult relationship. The next section explains what the Department examines.

How are the best interests of the child assessed in partner visa sponsor child offences cases?

The Department gives primary consideration to the protection of the child from serious criminal conduct, the ties the child has with Australia, and Australia's international obligations, including the Convention on the Rights of the Child.

Under policy, the protection of the child is assessed by looking at three factors:

• The seriousness and nature of the offending. Registrable offences are treated as particularly serious and given substantial weight against approval. Greater weight is given to offences such as child sex offences, unlawful killing of a child, serious assaults against a child and supplying drugs to a child. A sentence of imprisonment of at least 12 months, whether or not suspended, is a strong indication of seriousness.
• The risk of re-offending. The number and frequency of offences, recent offending, a failure to disclose convictions on the sponsorship form, and breaches of registration or reporting obligations, parole, bail or bonds all point to higher risk. Evidence of rehabilitation is taken into account, with greater weight given to independent and authoritative sources such as judicial comments, professional psychological reports, pre-sentence reports, parole assessments and probation reports.
• Arrangements for the child's protection. These include whether contact with the child has been notified to a child protection offender register or welfare authority, whether a child welfare authority has a management plan, whether the child understands the issues and could tell a parent or independent adult of any abuse, and whether other adults are aware and able to monitor the child's welfare.

The child's ties with Australia include court orders made since the last offence about access or residence, the nature of the relationship between the child and the sponsor, other adults who fulfil a parental or support role, siblings and relatives in Australia, and how long the child has lived in Australia.

Policy also states that a genuine partner relationship between the sponsor and the child's parent is relevant only to the extent that it contributes to the arrangements for the child's protection. The strength of the adult relationship is not a primary consideration in a partner visa sponsor child offences waiver. The guide to compelling reasons involving Australian citizen children explains how children's interests arise elsewhere in partner visa law.

What police checks are required, and what does regulation 1.20KB(12) allow?

Where a child applicant is under 18 at the time of the visa application, the sponsor must provide a Complete Disclosure Australian National Police Check and foreign police certificates, and regulation 1.20KB(12) allows the sponsorship to be refused if a requested check is not provided within a reasonable time.

Department policy sets out the checks:

• a "Complete Disclosure - All recorded offences released" Australian National Police Check from the Australian Federal Police, if the person has spent a total of 12 months or more in Australia since turning 16; and
• a police certificate from each other country where the person has spent a total of 12 months or more in the last 10 years since turning 16.

A "Standard Disclosure" certificate is not acceptable in a partner visa sponsor child offences assessment. The guides to the partner visa AFP police check, sponsor police check requirements and expired police checks explain how to obtain the correct certificate.

Regulation 1.20KB(12) enables the sponsorship of all applicants to be refused if the Department has asked for a police check and none is provided within a reasonable time. Policy says the sponsor should first be notified in writing, with a minimum response period of 28 calendar days, and that a reasonable time depends on the circumstances, including the published time frame for the check and any request for a waiver. Where a sponsor genuinely cannot obtain a certificate from a particular country, a waiver of that requirement can be requested with evidence of the attempts made. The guides to a sponsor police check not provided and what to do if a police certificate cannot be obtained cover these situations.

A partner visa sponsor child offences matter should never be handled by ignoring a police check request. Refusal to provide the check is itself a ground to refuse the sponsorship.

Will the applicant and the other parent be told about the sponsor's offences?

Yes, in many cases. By signing the sponsorship undertaking, the sponsor acknowledges that the Department may inform the visa applicant and each person with parental responsibility for a child applicant of convictions relating to persons under 18.

In partner visa sponsor child offences matters, Department policy states that where a child applicant is under 16 and the sponsor has a conviction for, or an unresolved charge for, a registrable offence, the Department will disclose this to the visa applicant or the person with parental responsibility for the child. This applies regardless of any claim by the sponsor that the information has already been disclosed. The Department is to tell the sponsor before contacting the applicant, so the sponsor may raise the matter first or dispute the accuracy of information obtained from another agency.

The non-migrating parent may withdraw their consent to the child's migration after learning of the sponsor's history, and policy directs decision makers to reconfirm that consent. The guides to Form 1229 child consent, partner visa child custody and consent and the other parent's consent explain that requirement.

Whether the sponsor told the applicant about the history may also be taken into account in assessing whether the relationship is genuine and continuing, although policy describes it as only one non-conclusive piece of evidence. The guide to a genuine and continuing relationship explains that test.

What is a VACCU referral in a partner visa sponsor child offences case?

Cases involving a conviction or unresolved charge for a registrable offence must, as a matter of policy, be referred to the Visa Applicant Character Consideration Unit (VACCU), which is part of the Department's National Character Consideration Centre.

The case officer does not decide a partner visa sponsor child offences matter alone. The process under policy is:

• the case officer generally assesses the other visa criteria first, including whether the relationship is genuine and continuing;
• the case officer seeks comments from the sponsor (or the sponsor's partner, if the offence is theirs) before referral, to give procedural fairness;
• the referral includes the police certificates, information about whether the applicant and any non-migrating parent know of the offences, and anything the sponsor provides, such as a request for approval on compelling grounds, comments on the offences and evidence of rehabilitation; and
• VACCU assesses whether the bar applies and whether the waiver should be exercised.

Where less than 5 years have passed since the sentence was completed, or a registrable charge is outstanding, policy allows referral without further assessment, because the waiver cannot apply.

The request for comments is the most important point of contact in the whole process. It is the sponsor's opportunity to put accurate information before the decision maker. The guides to responding to a section 57 natural justice letter and to common adverse information examples explain how procedural fairness letters are answered generally.

How does regulation 1.20KB interact with regulation 1.20KC and PIC 4016 and 4018?

Where both regulation 1.20KB and regulation 1.20KC could apply, the Department considers the sponsorship under regulation 1.20KB first. Offences that are not registrable are assessed under PIC 4016 or PIC 4018.

The Department's regulation 1.20KC policy states that where a visa application includes an applicant under 18, the sponsor has a conviction for a relevant offence and a significant criminal record, and at least one conviction or unresolved charge is for a registrable offence, the sponsorship should be considered under regulation 1.20KB in the first instance.

The relationship between the three provisions is:

• Regulation 1.20KB deals with registrable offences where a child is an applicant. It is a mandatory bar with a narrow waiver.
• Regulation 1.20KC deals with relevant offences, such as violence, sexual offences and breaches of protection orders, where the sponsor also has a significant criminal record. It applies whether or not a child is included. The live guides on sponsor relevant offences, a sponsor domestic violence conviction, a sponsor assault conviction and a sponsor breach of AVO conviction explain that regulation.
• PIC 4016 and PIC 4018 ask whether the sponsor's other criminal history gives a compelling reason to believe that granting the visa would not be in a child applicant's best interests. Policy states that if the sponsorship is approved under regulation 1.20KB, it can be taken that the criminal history does not provide compelling reasons for PIC 4016 or PIC 4018 purposes.

A partner visa sponsor child offences assessment should therefore map every conviction and charge against all three provisions before lodgement. The guide to a sponsor risk assessment before lodgement explains that process.

What happens if the sponsorship is refused?

If the sponsorship is refused under regulation 1.20KB in a partner visa sponsor child offences case, the partner visa is refused because the sponsorship criterion is not met. The refusal can generally be reviewed by the Administrative Review Tribunal.

The application for review must be made within 28 days after the applicant is notified of the decision, or 7 days for a person in immigration detention. The deadline cannot be extended. For a Subclass 820 or Subclass 309 refusal, the visa applicant applies for review. For a Subclass 300 refusal, the sponsor applies. As at October 2026, the Tribunal's application fee for migration decisions is $3,580, with a 50% reduced fee available in cases of financial hardship. The guides to the partner visa appeal deadline, partner visa ART fees and the ART review process explain these steps, and urgent ART visa refusal applications covers cases close to the deadline.

The Tribunal reconsiders the matter on the evidence before it. A partner visa sponsor child offences refusal is difficult to overturn if the bar plainly applies and no exception or waiver is available. A review may be important where the classification of the offence is disputed, a charge has since been withdrawn or dismissed, a conviction has been quashed, or the waiver and best interests evidence was not properly considered. The guide to challenging a refusal involving sponsorship limitations and the partner visa refusal lawyers page explain the options.

How My Migration Lawyers handles partner visa sponsor child offences matters

My Migration Lawyers deals with complex partner visa sponsorships, acts in many matters involving sponsor criminal history under regulations 1.20KB and 1.20KC, and is capable of handling a partner visa sponsor child offences matter carefully and discreetly. The firm's Principal Lawyer is Weiwei Zhang, and the firm's approach is explained on the about My Migration Lawyers page.

These matters involve sensitive personal history and the safety of children. The firm's role is to give accurate legal advice on how the law applies, to present true and complete information to the Department, and to protect the client's procedural rights. The firm does not advise on structuring an application to avoid child protection checks, and every sponsorship it acts on is prepared on the basis of full and honest disclosure.

On a partner visa sponsor child offences matter, the firm:

• obtains the police checks and certified court records, and identifies whether each matter resulted in a conviction, a finding of guilt without conviction, or a charge that is still unresolved;
• analyses each offence against regulation 1.20KB(13) and the relevant State, Territory or foreign law to decide whether it is a registrable offence;
• checks the ages of every child applicant against the expected time of decision, and whether the 18 or over exception applies;
• calculates the 5-year period from the completion of the sentence, including any parole, recognisance or licence period, to the sponsorship application date;
• where the waiver is available, prepares the request for approval on compelling grounds, supported by independent evidence of rehabilitation and the arrangements for each child's protection;
• maps any other convictions against regulation 1.20KC and PIC 4016 and PIC 4018;
• responds to requests for comments before a VACCU referral and to section 57 letters; and
• acts on review at the Administrative Review Tribunal if the visa is refused.

The firm acts for sponsors and applicants across Australia by video consultation, through its partner visa lawyers, including in Sydney, Melbourne, Brisbane and Perth. Sponsors can read about hiring a lawyer where the sponsor has a criminal record and getting a lawyer after a sponsorship refusal, and families with children can read about legal help including children in a partner visa.

A partner visa sponsor child offences issue should be assessed before the application is lodged, or as soon as the Department asks for police checks or comments. Book a consultation with My Migration Lawyers, or call 1300 040 300.