Partner Visa Sponsor Police Check Requirements

Written by
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Published
October 14, 2026
36 min read
Reading Time
36 min read
Table Of Contents

Key Takeaways

  • The partner visa sponsor police check for a Subclass 820, Subclass 309 or Subclass 300 application is an Australian Federal Police complete disclosure National Police Check for the Immigration/Citizenship purpose, plus an overseas police certificate from every country where the sponsor spent a total of 12 months or more in the last 10 years since turning 16.
  • The Department makes the partner visa sponsor police check request to the sponsor directly, and policy allows 28 days to provide the checks or at least evidence that they have been applied for.
  • If the sponsor does not provide the checks within a reasonable time, the Department can refuse to approve the sponsorship under regulation 1.20KC(6), and the visa is then refused.
  • The results are used only to look for convictions for relevant offences, such as violence, stalking, breach of a protection order, weapons offences and human trafficking. Other convictions, and offences with no conviction recorded, are not used under regulation 1.20KC.
  • A sponsor with a relevant conviction and a significant criminal record faces a mandatory refusal of the sponsorship unless the decision maker considers it reasonable to approve it, and the Tribunal has remitted several cases on that question.
  • The partner visa sponsor police check is separate from the applicant's own police certificates, and sponsor checks are not routinely requested again at the second stage (Subclass 801 or Subclass 100).

The partner visa sponsor police check is the set of police certificates the Australian partner must provide so the Department of Home Affairs can approve their sponsorship. For a Subclass 820, Subclass 309 or Subclass 300 application, the partner visa sponsor police check means an Australian Federal Police (AFP) complete disclosure National Police Check, overseas police certificates for countries where the sponsor has lived for 12 months or more, and written consent for the Department to disclose relevant convictions to the visa applicant.

This guide to the partner visa sponsor police check is written for sponsors. It explains exactly which checks the law and the Department ask for, when the request comes, how long you have, what happens if a check cannot be obtained, and what the Department actually does with the results. It also explains when a criminal record will stop a sponsorship and when it will not. Many sponsors worry about a minor conviction from years ago. In many cases, that conviction is legally irrelevant to the partner visa sponsor police check. In other cases, it matters a great deal. Knowing which side of the line you are on is the first step.

If you are still working out whether you can sponsor at all, read our guide to who can sponsor a partner visa first. If you already know there is a criminal record issue, our partner visa lawyers act for sponsors and applicants in these matters across Australia.

What is a partner visa sponsor police check?

A partner visa sponsor police check is a police certificate that the Department requests from the sponsoring partner under regulation 1.20KC(5) of the Migration Regulations 1994, so it can decide whether the sponsorship can be approved. It is a check of the sponsor, not of the visa applicant.

Regulation 1.20KC gives the Minister three powers that matter to sponsors:

  • Request checks. The Minister may request Australian and foreign police checks from the sponsor (regulation 1.20KC(5)).
  • Refuse for non-provision. The Minister may refuse to approve the sponsorship if the checks are not provided within a reasonable time (regulation 1.20KC(6)).
  • Refuse for a relevant record. The Minister must refuse to approve the sponsorship if the sponsor has been convicted of a relevant offence and has a significant criminal record for it, unless the Minister considers it reasonable to approve the sponsorship (regulations 1.20KC(3) and 1.20KC(4)).

The Department's public website puts the same rule in plain words. It says most sponsors will need to meet the Department's character requirements. It also says the Department might not approve a sponsor who has a significant criminal record for relevant offences, who refuses to provide a police clearance, or who does not consent to disclosure. The police check is not the only sponsor barrier. The limits on how often a person can sponsor are separate, and are explained on our partner visa sponsorship limitations page. Those three risks are the whole reason the partner visa sponsor police check exists. A sponsor who understands them can prepare the partner visa sponsor police check properly from the start.

The sponsorship that the partner visa sponsor police check supports is lodged through ImmiAccount after the applicant applies. Our guide to Form 47SP and the partner visa application forms explains how the applicant's side fits with the sponsor's side, and our sponsor documents question page lists the identity and residence documents the sponsor provides alongside the police checks.

Which partner visas need a partner visa sponsor police check?

The partner visa sponsor police check applies to Subclass 820, Subclass 309 and Subclass 300 applications made on or after 18 November 2016, which is when regulation 1.20KC commenced. These are the first-stage visas, where the sponsorship is approved.

The three visas work as follows:

  • Subclass 820 (onshore temporary partner visa). The sponsorship must be approved at the time of decision under clause 820.221(4). The partner visa sponsor police check is assessed as part of that approval. Our Subclass 820 partner visa lawyers page explains the onshore pathway.
  • Subclass 309 (offshore provisional partner visa). The sponsorship must be approved at the time of decision under clause 309.222(1). The Subclass 309 partner visa page covers the offshore pathway.
  • Subclass 300 (prospective marriage visa). The sponsorship must be approved at the time of decision under clause 300.222(1). Read who can sponsor a prospective marriage visa and our Subclass 300 visa page for the fiancé pathway.

Regulation 1.20KC does not apply to Subclass 801 or Subclass 100, which are the permanent second stage. That is why the partner visa sponsor police check is a first-stage issue. Our guide to the two-stage partner visa process explains how the stages connect.

When a child is included in the application

A separate rule applies where the sponsor is sponsoring an applicant who is under 18 at the time of the visa application. Regulation 1.20KB (protection of children) then also requires police checks from the sponsor. If the sponsor has a conviction for a registrable child sex offence, the sponsorship of all applicants must be refused unless every applicant is 18 or over at the time of decision or the conviction is quashed. A waiver is possible only in narrow circumstances. Where both regulation 1.20KB and regulation 1.20KC grounds exist, the Department considers regulation 1.20KB first. Families with children should read our guide on adding children to a partner visa before lodging.

Which Australian police check does the sponsor need?

The sponsor needs a complete disclosure National Police Check issued by the Australian Federal Police, applied for with the Immigration/Citizenship purpose. Department policy describes the purpose code as "Immigration/Citizenship - Australia".

The Department's website is strict about the type of certificate. It says the Department only accepts complete disclosure National Police Certificates issued by the AFP. It does not accept standard disclosure certificates. It does not accept national police certificates issued by state or territory police. A sponsor who orders a check through an employer screening service, or through a state police website, will usually have to start again. That wastes weeks.

The most common mistakes with the Australian part of the partner visa sponsor police check are:

  • ordering a state or territory police certificate instead of an AFP certificate;
  • choosing an employment or volunteering purpose instead of Immigration/Citizenship;
  • ordering a standard disclosure check instead of complete disclosure;
  • using a check that will be more than 12 months old by the time of decision; and
  • uploading the check to the wrong application in ImmiAccount.

Our dedicated guide to the AFP police check for a partner visa explains the AFP process in detail. Our guide to ImmiAccount uploads for a partner visa explains how to attach the certificate to the sponsorship, not to the visa application.

Sponsors who have not been in Australia since turning 16

Department policy says the Australian check is not requested if the sponsor has not been in Australia since turning 16. The policy example is a citizen by descent who has never lived here. An Australian citizen who grew up overseas and is sponsoring a partner from abroad may therefore need only overseas certificates. Our page on whether an Australian living overseas can sponsor a partner explains the other issues these sponsors face, and our guide to proving the sponsor is an Australian citizen covers citizenship evidence.

Which overseas police certificates does the sponsor need?

The sponsor needs an overseas police certificate from every country where they spent a total of 12 months or more in the last 10 years since they turned 16. The 12 months is cumulative, so several shorter stays in one country can add up.

Department policy expresses the period precisely. It covers each country where the sponsor lived a total of 12 months or more since the later of two dates: 10 years before the request, or the sponsor's 16th birthday. In practice, the overseas partner visa sponsor police check catches:

  • sponsors who migrated to Australia and became citizens or permanent residents within the last 10 years;
  • Australian citizens who worked overseas, for example in the United Kingdom, the Middle East or Asia;
  • sponsors who studied abroad for a degree or exchange that lasted 12 months or more in total; and
  • New Zealand citizens who lived in New Zealand before moving to Australia. Our page on whether a New Zealand citizen can sponsor a partner visa explains the eligible New Zealand citizen rules.

Count the days carefully, because this is where many partner visa sponsor police check problems start. A sponsor who spent 7 months in one country in 2019 and 6 months there in 2022 has spent 13 months there. That country is caught. Our guide to overseas police certificates for a partner visa explains how certificates are obtained from different countries.

Translations

A foreign police certificate that is not in English must be provided with an English translation. A partner visa sponsor police check from a non-English speaking country is incomplete without one. Our guide to partner visa evidence translation explains how to present translated documents so the Department can rely on them.

When an overseas police certificate cannot be obtained

Some countries will not issue certificates to former residents, or will not issue them at all for a period. Department policy deals with this. If a foreign check cannot be obtained, the sponsor gives a statutory declaration on the standard Commonwealth form. The declaration explains the efforts the sponsor made to obtain the check, and declares any convictions or that there are none.

This is one of the few places in a partner visa where a statutory declaration is the correct document. The declaration must be accurate and specific. It should set out what was applied for, when, through which authority, and what response came back. Keep every receipt, email and rejection notice. A vague statement that the sponsor "could not get" the certificate is unlikely to persuade a delegate that the partner visa sponsor police check requirement has been dealt with properly. Our page on what to do if you cannot get a police certificate explains the approach in more detail.

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When should the sponsor provide the partner visa sponsor police check?

The sponsor should provide the partner visa sponsor police check when lodging the online sponsorship, or as soon as possible after lodging it. The Department's partner visa frequently asked questions say exactly that.

The sponsorship is lodged in ImmiAccount after the applicant has applied and given the sponsor the Transaction Reference Number or application ID. The sponsor can lodge from inside or outside Australia. The Department's website says the sponsor should provide all required information with the sponsorship application, or as soon as possible after applying. Its additional sponsor requirements page says police checks are to be provided when you apply for sponsorship.

There is a strong practical reason to front-load the partner visa sponsor police check. If the checks are already on file, the sponsorship can be assessed as soon as the application reaches a case officer. If they are missing, the case officer has to issue a request, wait for the response, and then assess. Our guide on partner visa processing delays explains how missing documents add months. Our page on what a decision-ready partner visa looks like explains why complete files tend to move faster.

The timing problem is validity. The certificates are valid for 12 months from issue, and current published processing times for first-stage partner visas are longer than that. The Department publishes processing times as a guide only. A sponsor who obtains the check too early may need a new one before decision. We discuss validity below.

Who receives the partner visa sponsor police check request?

The Department makes a partner visa sponsor police check request to the sponsor directly. Department policy says the request is not sent to the visa applicant. It is also not sent to the applicant's migration agent or lawyer, unless the sponsor has appointed that representative.

This is a partner visa sponsor police check trap for couples who have engaged a representative only through the applicant's Form 956. The sponsor is a separate party. If the sponsor wants the request to go to the representative, the sponsor must appoint that representative too, using Form 956 or Form 956A. Our guide to Form 956 and Form 956A explains the difference between appointing a representative and appointing an authorised recipient.

In practice, this means:

  • the sponsor must watch their own email inbox, including spam and junk folders;
  • the sponsor's contact details in the sponsorship must be current. Tell the Department if they change, as our guide to a partner visa change of address explains;
  • the applicant may not know a request has been made, so couples should agree to tell each other about every Department email; and
  • a sponsor who is travelling or working remotely should check email regularly.

The request is often a section 56 request for further information. Our page on what a section 56 request for a partner visa means, and our guide to the partner visa section 56 request, explain how these requests are structured and answered.

How long does a sponsor have to respond to a partner visa sponsor police check request?

Department policy gives the sponsor 28 days from the request to provide the checks, or at least evidence that they have been requested. The law does not define a "reasonable time". The 28 days is a policy guide, not a statutory deadline.

Policy also says extensions should be given flexibly where the sponsor shows they have applied for the checks. This matters because some overseas certificates take far longer than 28 days to arrive. A sponsor who cannot complete the partner visa sponsor police check within 28 days is not automatically in trouble. A sponsor who cannot provide the certificate within 28 days should, within the 28 days:

  • apply for every required check;
  • send the Department proof of each application, such as receipts, reference numbers and confirmation emails;
  • explain which certificates are outstanding and why; and
  • ask for further time, giving a realistic date.

Our guides to asking for an extension of a section 56 request and the partner visa section 56 extension explain how to frame that request.

Department policy also says the deemed receipt provision in section 494C of the Migration Act 1958 does not apply to these requests. The presumptions in sections 160 and 161 of the Evidence Act 1995 are used instead. This is a technical point, but it can matter if a sponsor says they never received the request.

What happens if the sponsor ignores the request?

If the sponsor ignores a partner visa sponsor police check request, the Department can refuse to approve the sponsorship under regulation 1.20KC(6), and the visa application must then be refused. Policy says grounds to refuse arise where the period ends and the sponsor has not provided the checks, has not shown that they applied, has not given an explanation and has not engaged with the Department.

The Department's website says the same thing in blunter terms. It says the Department will refuse the visa application if the sponsor does not provide the checks, and could also refuse it if they are not provided within a reasonable time. Silence is the worst possible response. If you have missed a request, read our pages on a missed section 56 deadline and on a refusal after a missed request for information, then act immediately. Our urgent visa help page is there for exactly this situation.

How long is a partner visa sponsor police check valid?

A partner visa sponsor police check is valid for 12 months from the date of issue, and the checks must be valid at the time of decision. The Department's website says that if the certificates expire before a decision is made, the Department will let you know if you need to provide them again.

Department policy contains an important exception. Expired checks may be relied on where the delay was outside the couple's control and the expired checks show no relevant offence. This is a policy discretion, not a right. A sponsor should not assume an expired partner visa sponsor police check will be accepted, but should not panic either. Our guide to partner visa expired police checks explains when to update and when to wait, and our page on how long police certificates and health checks are valid covers the applicant's documents too.

Can the Department ask for a second partner visa sponsor police check?

Yes, but only in limited circumstances. Department policy says a subsequent partner visa sponsor police check request is limited to cases where the delegate has sufficient reason to believe that, since the initial check, the sponsor has or may have been convicted of a relevant offence, or has an outstanding charge for one. A second request is therefore a signal. If it arrives without an obvious reason, take advice before responding.

Moving from Subclass 300 to Subclass 820

A sponsor who sponsored a Subclass 300 prospective marriage visa may not need new checks when the couple marries and the applicant applies for the Subclass 820. Policy says no new check is needed if regulation 1.20KC was met at the Subclass 300 stage and there are no new concerns. A new check is needed if it was not assessed at the Subclass 300 stage, if there are new concerns, or if there is a different sponsor. No check is needed where the Subclass 820 is considered under the family violence or child of the relationship provisions, which our partner visa family violence lawyers page explains. The Department's website says that if police certificates are required, it will let you know. Our page on the Subclass 300 prospective marriage visa explains the full pathway.

Do female sponsors need a partner visa sponsor police check?

Yes, the prudent course is for every sponsor, female or male, to provide the partner visa sponsor police check. The Department's public website asks every partner sponsor to provide police certificates and does not draw any gender distinction.

There is a policy nuance. The Department's internal policy guidance on regulation 1.20KC says delegates are not required to request police checks from female sponsors where there are no character concerns. That is guidance to decision makers about when they must ask. It is not an exemption a sponsor can rely on. The public instruction, which is what the sponsorship form and the website follow, is that the sponsor needs to provide the checks.

There are good reasons to provide them anyway:

  • the delegate may still request them, and a request adds delay;
  • the decision maker cannot know there are no character concerns until a check is on file;
  • a complete file avoids a later request after the certificates should have been obtained; and
  • obtaining a check now is far easier than losing months to a later request.

Does the sponsor have to consent to disclosure of convictions?

Yes. The sponsor must give written consent for the Department to disclose any convictions for relevant offences to the visa applicant. This consent is a time of decision criterion for each first-stage visa: clause 300.222(2), clause 309.222(2) and clause 820.221(4).

The consent is part of the partner visa sponsor police check framework because it lets the applicant know about relevant convictions before committing their future to the sponsor. The law treats this as protection for the applicant, not as a punishment for the sponsor. An applicant who is worried about their own safety should read our page on what to do if a sponsor is abusive during a partner visa.

The consequences of refusing consent are severe:

  • If the sponsor declines consent, the visa criterion cannot be met and the visa is refused. Policy says the applicant first receives a section 57 natural justice letter.
  • If the sponsor is silent, policy says the sponsor is asked again by letter.
  • Consent given on the sponsorship form does not need to be obtained again.

Our guide to the partner visa section 57 natural justice letter and our page on how to respond to a section 57 letter explain what happens at that stage.

Consent covers only convictions for relevant offences. It does not authorise the Department to disclose every entry on the sponsor's record. Convictions for non-relevant offences cannot be disclosed under this framework.

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What does the Department do with the partner visa sponsor police check results?

The Department uses the partner visa sponsor police check results to find one thing: whether the sponsor has been convicted of a relevant offence and, if so, whether the sponsor has a significant criminal record for it. Everything else on the certificate is outside regulation 1.20KC.

That is the most misunderstood point about the partner visa sponsor police check. Many sponsors believe any criminal record will sink the sponsorship. It will not. The test is narrow and has three parts.

What is a relevant offence?

A relevant offence is an offence against Commonwealth, State, Territory or foreign law that involves any of the following (regulation 1.20KC(2)):

  • violence against a person, including murder, assault, sexual assault and threat of violence;
  • harassment, molestation, intimidation or stalking;
  • breach of an apprehended violence order or a similar order;
  • firearms or other dangerous weapons;
  • people smuggling;
  • human trafficking, slavery or slavery-like practices (including forced marriage), kidnapping or unlawful confinement;
  • attempting any of these; and
  • aiding, abetting, counselling or procuring any of these.

A conviction for, say, a drug possession offence, a fraud offence or a traffic offence is not a relevant offence under this list. Our guide to a partner visa drink driving conviction shows how a common traffic matter is treated. Offences involving violence or protection orders are different. Our guides to partner visa intervention orders and a partner visa domestic violence charge explain those issues.

What is a significant criminal record?

A significant criminal record exists where the sponsor has been sentenced to death, to life imprisonment, to a term of imprisonment of 12 months or more, or to 2 or more terms totalling 12 months or more (regulation 1.20KD(1)). Regulations 1.20KD(2) to (4) deal with concurrent sentences, periodic detention and residential programmes.

A suspended sentence of 12 months or more counts, because the test is the sentence imposed, not the time served. Quashed or nullified convictions, and convictions for which the sponsor has been pardoned, are disregarded under regulation 1.20KD(5).

Convictions that are not used

Department policy is clear on three points that protect sponsors:

  • No conviction recorded. "Conviction" means a court recorded a conviction. Offences where no conviction was recorded, such as a good behaviour bond without conviction or a finding of guilt without conviction, cannot be relied on to refuse, and cannot be disclosed.
  • Non-relevant offences. Convictions for offences outside the relevant offence list cannot be used under regulation 1.20KC(3) and cannot be disclosed.
  • Unresolved charges. An unresolved charge cannot be the basis of a refusal under regulation 1.20KC. The delegate may defer the decision briefly.

Our pages on whether you need to disclose charges that did not lead to a conviction and on partner visa spent convictions explain how these categories are treated across the partner visa process. A sponsor with a charge still before a court should read our guide to partner visa pending charges.

Relevant conviction but no significant criminal record

Where the partner visa sponsor police check shows a relevant conviction but no significant criminal record, the sponsorship cannot be refused under regulation 1.20KC(3). Policy is to disclose the conviction to the applicant, with the sponsor's consent, so the applicant can decide whether to continue. The sponsorship can still be approved.

When is it reasonable to approve a sponsor with a significant criminal record?

A sponsorship can still be approved, even where the sponsor has a relevant conviction and a significant criminal record, if the decision maker considers it reasonable to approve it under regulation 1.20KC(4). The refusal is mandatory only if that discretion is not exercised in the sponsor's favour.

The decision maker must have regard to these matters, which are not exhaustive:

  • the length of time since the sponsor completed the sentence or sentences;
  • the best interests of any children of the sponsor or of the primary applicant, which policy treats as a primary consideration and which covers biological, adopted and step-children; and
  • the length of the relationship between the sponsor and the primary applicant.

Policy says delegates should be cautious about approving solely on time elapsed where less than 5 years have passed since the sentence was completed. A strong submission after an adverse partner visa sponsor police check therefore addresses every factor, not only the passage of time.

If the delegate is inclined to approve under regulation 1.20KC(4), policy is to interview the visa applicant before approving, preferably in person and without the sponsor present, and to disclose the convictions with consent. The purpose is to make sure the applicant is not forced, coerced or intimidated. Our guide to partner visa interview questions explains Department interviews more generally.

What the Tribunal has done in these cases

The Administrative Review Tribunal and the former Administrative Appeals Tribunal have remitted several partner visa cases where the issue was whether it was reasonable to approve the sponsorship:

  • In 2107808 (Migration) [2024] AATA 4136, a Subclass 309 matter, the sponsor had a conviction for a relevant offence and a suspended sentence. The Tribunal considered that the sponsorship may be approved if it is reasonable to do so, and the reported issues included the sponsor's remorse and the absence of reoffending. The matter was remitted.
  • In Naureen (Migration) [2024] ARTA 468, a Subclass 309 matter, the sponsor had a significant criminal record. The reported issues were the time since the sponsor's last imprisonment and the limited time the couple had spent together because of travel restrictions. The Tribunal found it reasonable to approve the sponsorship and remitted the matter.
  • In Ellis (Migration) [2024] AATA 3411, a Subclass 820 matter, the sponsor had been convicted of a relevant offence and had a significant criminal record. The issue was whether it was reasonable to approve the sponsorship. The matter was remitted.

These cases show that a significant criminal record is not automatically the end of the matter. They do not show that every case will succeed. Each turns on its own facts and evidence. Our page on whether you can get a partner visa if your sponsor has a criminal record and our guide to partner visa character requirements give the wider picture.

How is the partner visa sponsor police check different from the applicant's police certificates?

The partner visa sponsor police check is assessed under the sponsorship rules in regulation 1.20KC, while the applicant's own police certificates are assessed under the character test in public interest criterion 4001. They are different tests, applied to different people, with different consequences.

The key differences are:

  • Who is checked. The sponsor check is about the Australian partner. The applicant's certificates are about the person applying for the visa.
  • What is looked for. The sponsor check looks only for relevant offences and a significant criminal record. The applicant's character assessment is broader.
  • Where the documents go. The sponsor's checks belong with the sponsorship. The applicant's checks belong with the visa application.
  • The second stage. The applicant usually provides further certificates at the second stage. The sponsor usually does not.

Couples often mix up the partner visa sponsor police check and the applicant's checks, and upload certificates to the wrong place, or assume one partner's check covers both. It does not. Our page on whether you need a police check for a partner visa explains the applicant's requirements, and our guides to a partner visa with a criminal record and partner visa overseas convictions deal with the applicant's own history.

Does the sponsor need a partner visa sponsor police check at the second stage?

No, not as a routine step. Regulation 1.20KC does not apply to Subclass 801 or Subclass 100, and regulation 1.20KB does not apply to Subclass 100. Policy requires sponsor checks at the permanent stage only where an applicant is under 18 for public interest criteria 4016 and 4018, and those checks may be treated as met if the sponsor provided them earlier, unless there is adverse information. Our guide to Subclass 801 second stage documents sets out what the second stage does require.

What happens if the sponsorship is refused because of the police checks?

If the sponsorship is not approved, the visa must be refused. Approval of the sponsorship is part of the visa decision under section 65 of the Migration Act 1958. It is not a separate decision, and no separate notice is sent to the sponsor.

Before refusing, the Department gives the applicant a section 57 natural justice invitation. Policy says the details of the sponsor's convictions are not put to the applicant in that letter. Our page on what happens if a partner's sponsorship is refused explains the sequence, and our page on no response to a section 57 letter explains the risk of silence.

The Tribunal will look at the sponsor issues again, including any partner visa sponsor police check problem. In Sathandla Halli Vijayakumar (Migration) [2022] AATA 91, a Subclass 820 matter, the reported issues were insufficient information concerning the sponsor, the sponsorship declaration and the National Police Check, together with the genuine and continuing relationship. The matter was remitted.

Who applies for review depends on the visa:

  • Subclass 820 refusal. The visa applicant applies, and must be in Australia.
  • Subclass 309 refusal. The visa applicant applies in their own name, from anywhere. Our page on who applies for review of an offshore refusal explains the change.
  • Subclass 300 refusal. The sponsor applies.

The application for review must be made within 28 days after notification of the decision, or 7 days if the person is in immigration detention. That time limit cannot be extended. Read our guide to the partner visa appeal deadline and our partner visa refusal lawyers page at once if you have received a refusal. Our visa refusal lawyers also act on related refusals. Our guide to the partner visa ART review process explains the steps after lodgement.

What should a sponsor do before lodging?

A sponsor should prepare the partner visa sponsor police check before or at the time of lodging the sponsorship, so the file is complete when a case officer first opens it. A short partner visa sponsor police check plan avoids most problems:

  • List every country you have lived in for a total of 12 months or more in the last 10 years since you turned 16.
  • Order the AFP complete disclosure National Police Check with the Immigration/Citizenship purpose, unless you have not been in Australia since turning 16.
  • Apply for each overseas certificate, and keep proof of each application.
  • Arrange English translations of any certificate not in English.
  • If a certificate cannot be obtained, prepare an accurate statutory declaration explaining your efforts and declaring any convictions or none.
  • Give consent to disclose relevant convictions on the sponsorship form.
  • If you have any conviction for a relevant offence, take legal advice before lodging, not after a request arrives.

Our partner visa document checklist puts the sponsor's documents in context with the rest of the application.

How My Migration Lawyers helps with partner visa sponsor police check issues

My Migration Lawyers acts for sponsors and applicants on partner visa sponsor police check issues at every point, from planning before lodgement to responding to a request, to a Tribunal review after a refusal.

On a straightforward matter, we map the sponsor's residence history, identify every certificate the partner visa sponsor police check requires, confirm the AFP check is the right type with the right purpose, and make sure each certificate reaches the sponsorship rather than the visa application. We time the checks so that they are less likely to expire before decision, and we make sure the sponsor has appointed us so that a Department request comes to us as well as to the sponsor.

Where something is wrong, we act quickly. If a request has arrived and an overseas certificate will take months, we prepare the response with evidence of each application and a realistic request for more time. If a certificate cannot be obtained, we review the sponsor's own statutory declaration for accuracy before it is signed. If the sponsor has a conviction, we analyse the court records against the relevant offence list and the significant criminal record test, and we prepare submissions under regulation 1.20KC(4) addressing time since sentence, the best interests of any children and the length of the relationship, using the couple's own evidence presented in the form the law requires.

We deal with complex cases. My Migration Lawyers acts in many matters involving sponsors with criminal histories, Subclass 300 to Subclass 820 transitions, sponsors living overseas and refusals that followed a missed request. Our lawyer help for a sponsor with a criminal record page and our guide to a partner visa lawyer for a criminal record explain how we approach this work. Our partner visa questions centre answers many of the shorter questions sponsors ask. Our Principal Lawyer, Weiwei Zhang, oversees the firm's strategy on these matters.

Consultations are by video for sponsors anywhere in Australia, including through our Sydney partner visa lawyers, Melbourne partner visa lawyers, Brisbane partner visa lawyers, Perth partner visa lawyers and Adelaide partner visa lawyers pages, and for sponsors living overseas. Our office is at Level 1, 60 Martin Place, Sydney NSW 2000. No lawyer can promise the outcome of a sponsorship decision, but a partner visa sponsor police check problem handled early and correctly gives the couple the clearest path forward.

Book a consultation with My Migration Lawyers to have your partner visa sponsor police check position reviewed before you lodge or respond. You can also call us on 1300 040 300.

Frequently Asked Questions

What is a partner visa sponsor police check?

A partner visa sponsor police check is a set of police certificates the Department requests from the Australian sponsor under regulation 1.20KC of the Migration Regulations 1994. It applies to Subclass 820, Subclass 309 and Subclass 300 applications made on or after 18 November 2016. It includes an AFP complete disclosure National Police Check and overseas certificates for countries where the sponsor lived for 12 months or more. The Department uses it to decide whether the sponsorship can be approved.

Which Australian police check does a partner visa sponsor need?

The sponsor needs a complete disclosure National Police Check issued by the Australian Federal Police, applied for with the Immigration/Citizenship purpose. The Department does not accept standard disclosure certificates. It also does not accept national police certificates issued by state or territory police. Ordering the wrong type of check is one of the most common reasons a partner visa sponsor police check has to be redone, which causes avoidable delay.

Does my sponsor need overseas police certificates?

Yes, if the sponsor spent a total of 12 months or more in another country in the last 10 years since turning 16. The 12 months is cumulative, so separate stays in the same country add together. Policy measures the period from the later of 10 years before the request or the sponsor's 16th birthday. A certificate that is not in English must be provided with an English translation.

What if my sponsor cannot get an overseas police certificate?

If a foreign police check cannot be obtained, policy allows the sponsor to give a statutory declaration on the standard Commonwealth form instead. The declaration explains the efforts made to obtain the certificate and declares any convictions, or declares that there are none. It should be specific about what was applied for, when and through which authority. Receipts, emails and any rejection notice should be kept and provided.

How long does a sponsor have to provide police checks after a request?

Department policy allows 28 days from the request to provide the checks, or at least evidence that they have been applied for. The law itself does not define a reasonable time. Policy says extensions should be given flexibly where the sponsor shows they have applied. A sponsor who cannot meet 28 days should send proof of each application and ask for more time before the period ends.

Can the sponsorship be refused if the police checks are not provided?

Yes. Under regulation 1.20KC(6), the Department can refuse to approve the sponsorship if the checks are not provided within a reasonable time. Policy says grounds arise where the sponsor has not provided the checks, has not shown they applied, has not explained and has not engaged. If the sponsorship is not approved, the visa application must be refused.

Who does the Department send the partner visa sponsor police check request to?

The Department sends the partner visa sponsor police check request to the sponsor directly. Policy says it is not sent to the visa applicant, and not to the applicant's representative unless the sponsor has appointed that representative using Form 956 or Form 956A. Sponsors should therefore check their own email, including junk folders, and keep their contact details up to date with the Department.

How long is a sponsor police certificate valid for a partner visa?

A sponsor police certificate is valid for 12 months from the date of issue, and the checks must be valid at the time of decision. If the certificates expire before a decision, the Department says it will let the sponsor know if new ones are needed. Policy allows expired checks to be relied on where the delay was outside the couple's control and the checks show no relevant offence.

Do female sponsors need a police check for a partner visa?

Yes, the prudent course is for every sponsor to provide the checks. The Department's public website asks all partner sponsors for police certificates and makes no gender distinction. Internal policy says delegates are not required to request checks from female sponsors where there are no character concerns, but that is guidance about when a delegate must ask. It is not an exemption a sponsor can safely rely on.

Will any criminal record stop me sponsoring my partner?

No. The sponsorship must be refused only where the sponsor has a conviction for a relevant offence and a significant criminal record for it, and the decision maker does not consider it reasonable to approve. Relevant offences involve violence, harassment or stalking, breach of a protection order, weapons, people smuggling, human trafficking or similar conduct. Other convictions are not used under regulation 1.20KC.

What counts as a significant criminal record for a partner visa sponsor?

A significant criminal record means a sentence of death, life imprisonment, a term of imprisonment of 12 months or more, or 2 or more terms totalling 12 months or more, under regulation 1.20KD. A suspended sentence of 12 months or more counts, because the test is the sentence imposed rather than time served. Quashed convictions and pardoned convictions are disregarded.

Can a sponsor with a significant criminal record still be approved?

Yes, if the decision maker considers it reasonable to approve the sponsorship under regulation 1.20KC(4). The decision maker must consider the time since the sentence was completed, the best interests of any children of the sponsor or the applicant, and the length of the relationship. Policy urges caution where less than 5 years have passed since the sentence ended. The applicant is usually interviewed before approval.

Are offences with no conviction recorded used in the sponsor assessment?

No. Department policy says a conviction means a court recorded a conviction. Offences where no conviction was recorded, such as a good behaviour bond without conviction, cannot be relied on to refuse the sponsorship under regulation 1.20KC and cannot be disclosed to the applicant. Unresolved charges also cannot be the basis of a refusal under that regulation, although the delegate may defer the decision briefly.

What happens if my sponsor refuses to consent to disclosure of convictions?

The visa will be refused. Consent to disclose convictions for relevant offences to the applicant is a time of decision criterion for Subclass 820, Subclass 309 and Subclass 300. Policy says the applicant first receives a section 57 natural justice letter. If the sponsor is simply silent, the sponsor is asked again by letter. Consent already given on the sponsorship form does not need to be repeated.

Is the sponsor police check the same as the applicant's police certificates?

No. The partner visa sponsor police check is assessed under the sponsorship rules in regulation 1.20KC and looks only for relevant offences and a significant criminal record. The applicant's own police certificates are assessed under the character test in public interest criterion 4001. Each partner provides their own checks, and the sponsor's checks belong with the sponsorship, not with the visa application.

Does the sponsor need a new police check at the second stage?

No, not routinely. Regulation 1.20KC does not apply to Subclass 801 or Subclass 100. Policy asks for sponsor checks at the permanent stage only where an applicant is under 18, and those may be treated as met if the sponsor provided checks earlier, unless there is adverse information. The applicant, however, usually provides further police certificates of their own at the second stage.

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Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer

Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.

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