Partner Visa Sponsor Police Check Not Provided

A partner visa sponsor police check not provided situation arises when the Department of Home Affairs asks the Australian sponsor for Australian or foreign police checks and the sponsor does not supply them within a reasonable time. A partner visa sponsor police check not provided problem can lead the Department to refuse to approve the sponsorship, and a partner visa cannot be granted without an approved sponsorship.

This guide explains exactly how that happens and how to stop it. It covers who the request is sent to, how the request arrives and when it is presumed to have been received, the 28-day policy period, how to ask for more time, what to do when a foreign police check is slow or cannot be obtained, the discretion to refuse in regulation 1.20KC(6), the section 57 letter that the applicant receives, expired checks, sponsors who live overseas or will not cooperate, separated couples, and review by the Administrative Review Tribunal. The commercial page on partner visa sponsorship limitations explains the wider rules that this problem sits within.

The core point is simple. In a partner visa sponsor police check not provided case, the problem is not the sponsor's criminal history. It is the sponsor's silence. A partner visa sponsor police check not provided refusal can be made against a sponsor with a clean record. A sponsor with no convictions at all can still cause a refusal by ignoring a request that was sent to them, not to their partner. For an overview of every partner pathway, the complete guide to partner visas in Australia sets out each subclass and stage.

What does "partner visa sponsor police check not provided" mean?

It means the Department has asked the sponsor, under regulation 1.20KC(5) of the Migration Regulations 1994, to provide police checks, and the sponsor has not provided them, or evidence that they have been requested, within the time allowed.

Regulation 1.20KC was introduced from 18 November 2016 as part of the Australian Government's response to family violence. It gives the Minister, and the delegates who decide visa applications, three powers that matter here:

• Power to request. Regulation 1.20KC(5) allows the Department to ask a sponsor for a police check from an Australian jurisdiction and from each foreign country where the sponsor has lived for 12 months or more in the relevant period.
• Power to refuse for non-provision. Regulation 1.20KC(6) allows the Department to refuse to approve the sponsorship if the sponsor does not provide the requested checks within a reasonable time.
• Duty to refuse for serious offending. Regulation 1.20KC(3) requires refusal where the sponsor has been convicted of a relevant offence and has a significant criminal record for it, subject to the discretion in regulation 1.20KC(4).

The partner visa sponsor police check not provided ground is the second of these. It is a separate ground from the criminal record ground. The Department does not need to find anything wrong in the sponsor's history to use it. That is what makes the partner visa sponsor police check not provided ground so dangerous: it is entirely procedural. The firm's guide on when a sponsor cannot sponsor a partner visa explains how the different sponsorship limitations fit together.

Which partner visas does the sponsor police check request apply to?

The sponsor police check power in regulation 1.20KC applies to Subclass 300, Subclass 309 and Subclass 820 applications made on or after 18 November 2016. It does not apply to the permanent Subclass 100 or Subclass 801 stage.

This means a partner visa sponsor police check not provided issue arises at the first, temporary stage of each pathway:

• The onshore Subclass 820 partner visa, lodged in Australia.
• The offshore Subclass 309 partner visa, lodged outside Australia.
• The Subclass 300 Prospective Marriage visa for a couple who intend to marry.

Approval of the sponsorship is a time of decision criterion for each of these visas, in clauses 300.222, 309.222 and 820.221. At the time of application, the criteria only require that the applicant is sponsored. That is why the Department's request for sponsor police checks, and any partner visa sponsor police check not provided problem that follows, usually arrives after lodgement, sometimes many months later, when the case officer is preparing to decide the application. The two-stage partner visa process explains why the temporary stage is where this assessment sits, and the comparison of Subclass 820 and Subclass 801 shows how the stages connect.

A Subclass 300 holder who later applies for a Subclass 820 visa may or may not be asked again. Department policy sets out scenarios. For example, a check is generally required for the Subclass 820 application where regulation 1.20KC was not assessed at the Subclass 300 stage, where there are new character concerns, or where the Subclass 820 sponsor is a different person.

Who is the sponsor police check request sent to?

The request is sent to the sponsor, not to the visa applicant. Regulation 1.20KC(5) expressly allows the Minister to ask "a sponsor" to provide the sponsor's police checks, and Department policy says a request for further information sent to the visa applicant must not include a request for the sponsor's police checks.

This single rule causes most partner visa sponsor police check not provided cases. Couples often assume that every Department letter goes to the applicant, or to the migration agent or lawyer who lodged the application. That assumption is wrong for this request.

Department policy goes further. Unless the sponsor has appointed a migration agent or an authorised recipient, the delegate is told to request the checks from the sponsor directly, and not through the visa applicant or the applicant's appointed migration agent or authorised recipient. The policy states that delegates should not assume that an agent or authorised recipient appointed by the visa applicant is automatically appointed by the sponsor.

The practical result is that a representative can be acting on the visa application and still never see the sponsor police check request. The sponsor receives it at the email or postal address in the sponsorship application. If the sponsor does not read it, forwards it to no one, or treats it as spam, the partner visa sponsor police check not provided risk begins without anyone on the applicant's side knowing.

The solution, and the simplest way to prevent a partner visa sponsor police check not provided outcome, is for the sponsor to appoint the same representative. A sponsor who wants a lawyer or registered migration agent to receive Department correspondence completes Form 956, or Form 956A for an authorised recipient. The guide to Form 956 and Form 956A explains the difference. The firm's answer on which documents a sponsor provides for a partner visa also explains the sponsor's role in the application.

What police checks can the Department ask the sponsor for?

The Department can ask the sponsor for an Australian National Police Check and for a police check from each foreign country where the sponsor has lived for 12 months or more, in total, since the later of 10 years before the request and the sponsor's 16th birthday.

The Australian police check

Department policy requires an Australian Federal Police National Police Check with the Australian "Immigration/Citizenship" purpose. This is the same type of check that visa applicants provide. The sponsor can apply online or with a paper form through the Australian Federal Police website. A check obtained for another purpose, such as employment, may not be accepted, and sending the wrong check can still leave the Department treating the case as a partner visa sponsor police check not provided matter. The guide to the partner visa AFP police check explains the application process.

Policy says the National Police Check should be requested from any sponsor who has spent any time in Australia since turning 16. Presence is enough. The sponsor does not need to have lived in Australia. A sponsor who obtained citizenship by descent and has never travelled to Australia, or who left Australia before turning 16, should not be asked for one.

Foreign police checks

A foreign police check can be requested for each country where the sponsor has lived for 12 months or more since the later of:

• 10 years before the date of the request; and
• the date the sponsor turned 16.

The 12 months is cumulative. Several shorter periods of residence in the same country can add up to 12 months. A sponsor who had never lived outside Australia before lodgement, but then spends more than 12 months overseas while the application is waiting, can be asked for a check from that country. A foreign police check in a language other than English must be given with an accurate English translation. Foreign checks are the most common cause of delay in a partner visa sponsor police check not provided case. The firm's guide on partner visa overseas police certificates explains how foreign certificates are usually obtained.

Electronic copies and originals

The preferred method is electronic, through ImmiAccount or by email. There is no general requirement for an original or certified copy. A delegate may ask for an original or a certified copy if they suspect that an electronic document is bogus. The guide to partner visa ImmiAccount uploads explains how documents are attached.

Do female sponsors have to provide police checks?

No, not usually. Department policy says delegates are not required to request police checks from female sponsors, provided there are no concerns about the sponsor's character.

This is policy, not law. The power in regulation 1.20KC(5) applies to every sponsor. A female sponsor who receives a request must respond in the same way as any other sponsor, and a partner visa sponsor police check not provided refusal can follow in the same way. A separate article in this series deals with the female sponsor policy in detail.

How does the Department send the sponsor police check request?

Department policy says the request is made in writing, using a template letter, and sent to the sponsor. In practice it is usually sent by email to the address the sponsor gave in the sponsorship application, although it can be sent by post.

The sponsor should therefore treat the contact details in the sponsorship application as live for the whole life of the application. A sponsor who changes email address, changes phone number or moves house should tell the Department. The guide on notifying a partner visa change of address explains how changes are reported, and the guide to Form 1022 for partner visas covers changes in circumstances more generally.

A partner visa sponsor police check not provided outcome is often the result of an ordinary communication failure. Common examples include:

• The sponsor gave a work email address and then changed jobs.
• The request went to a junk or spam folder.
• The sponsor gave an email address that the couple share, and the applicant did not recognise the request as urgent.
• The sponsor moved overseas and stopped checking the account.
• The couple separated and the sponsor stopped engaging with the process.

None of these is a legal defence on its own. But some of them affect when the request is presumed to have been received, as explained below. The firm's guide on partner visa application status explains how to monitor an application, and the answer on an agent who failed to pass on a request covers a related problem.

When is the sponsor taken to have received the police check request?

The deemed receipt rules in section 494C of the Migration Act 1958 do not apply to a sponsor police check request. Instead, Department policy relies on the presumptions in sections 160 and 161 of the Evidence Act 1995, which can be rebutted by evidence that the request was not received.

This is an important point that is often missed. Many Department notices to visa applicants are governed by deemed receipt provisions in the Migration Act. The policy for a partner visa sponsor police check not provided case is different:

• Post. A written request sent by prepaid post to an address in Australia is presumed to be received on the seventh working day after it was posted, under section 160 of the Evidence Act 1995.
• Email. A request sent electronically is presumed to be received at the time it was sent, under section 161 of the Evidence Act 1995.
• Rebuttal. Both presumptions can be rebutted by evidence of non-receipt. Department policy gives examples: a letter returned to the sender, an email that "bounced", or an email sent to the wrong address.

This matters because the 28-day policy period runs from the request. If the sponsor never received the request, there is a real argument that the reasonable time never started to run in any meaningful way. Evidence is essential. A bounce notice, a returned envelope, proof that the Department used an old or incorrect address, or proof that the sponsor had already notified a new address can all be relevant in a partner visa sponsor police check not provided dispute.

A sponsor who discovers a missed request late should not simply send the documents and hope. The response should explain when and how the sponsor found out, attach any evidence of non-receipt, and provide the checks or proof that they have been requested. The guides on responding to a section 56 request and on section 56 extensions explain how a well-structured response to a Department request is put together, although the sponsor police check request itself is made under regulation 1.20KC(5).

Does an NZ citizen or a sponsor overseas get the same request?

Yes. The request power applies to every sponsor of a Subclass 300, 309 or 820 applicant, including an eligible New Zealand citizen sponsor and an Australian citizen sponsor who lives overseas.

An eligible New Zealand citizen sponsor will usually be asked for a New Zealand police check if they lived there for 12 months or more in the relevant period, as well as the Australian check. The firm's answer on whether a New Zealand citizen can sponsor a partner visa explains eligibility. A sponsor who is overseas faces practical problems with time zones, postal addresses and foreign checks, which are covered later in this guide.

How long does a sponsor have to provide the police checks?

The Migration Regulations do not set a fixed period. Department policy treats 28 days from the date of the request as a reasonable time for the sponsor to provide the police checks or, at a minimum, to provide evidence that they have been requested.

Regulation 1.20KC(6) refers only to "a reasonable time". The term is not defined in the Migration Act 1958 or the Migration Regulations 1994. The 28-day period is policy guidance. Department policy expressly says there may be situations where it is appropriate to give more than 28 days.

The 28 days should be read as a deadline to act, not a deadline to finish. The minimum a sponsor should do inside that period is:

• Apply for the Australian National Police Check with the correct purpose.
• Apply for each foreign police check the request names.
• Keep the receipts, reference numbers and confirmation emails.
• Send those to the Department, with a short explanation of when the remaining checks are expected.

That response alone changes the legal position, because the case is no longer a simple partner visa sponsor police check not provided case with no engagement. A partner visa sponsor police check not provided refusal is far harder to justify against a sponsor who has engaged with the Department and shown evidence of a request than against one who has said nothing.

Can a sponsor ask for more time to provide police checks?

Yes. A sponsor can ask for more time, and Department policy says that if the sponsor provides evidence that satisfies the delegate that the checks have been requested, delegates should be flexible in granting an extension.

There is no prescribed length for an extension. Policy says each case must be assessed on its merits, taking into account all the circumstances, including the sponsor's reasons for not providing the checks and the length of time it may take to obtain some foreign police checks.

A well-made extension request in a partner visa sponsor police check not provided situation usually includes:

• Proof of the application. The Australian Federal Police application confirmation, foreign police or embassy receipts, courier tracking, or payment records.
• A realistic timetable. The official processing guidance from the issuing authority, where it exists, and the date the sponsor expects to receive each check.
• The reason for any delay. For example, the need to attend a foreign embassy for fingerprints, or a foreign agency that has not responded.
• A commitment to update. The sponsor confirms they will send each check on receipt, and then does so.

The extension request should come from the sponsor, or from the sponsor's appointed representative. A letter from the applicant's agent alone may not be treated as the sponsor's engagement, because the request was made to the sponsor. In a partner visa sponsor police check not provided situation, the sponsor's own voice matters.

What if the sponsor cannot get a foreign police check?

The sponsor can ask the Department to waive the foreign police check. Department policy says delegates follow the same process as the Penal Checking Handbook uses for visa applicants, but the sponsor is asked to sign a standard Commonwealth statutory declaration rather than the character declaration used by applicants.

Some countries take a long time to issue police certificates. Others require the person to attend in person, use processes that are not available to people living abroad, or have no reliable procedure at all. A partner visa sponsor police check not provided outcome should not follow automatically in those circumstances.

According to Department policy, the sponsor's declaration should:

• state that the sponsor has been unable to obtain a police check from the relevant country;
• describe the efforts the sponsor has made to obtain it; and
• either state that the sponsor has no criminal convictions in that country, or give details of all convictions the sponsor has there.

The declaration must be accurate. A sponsor who states that they have no convictions when they do creates a far more serious problem than a delayed certificate. The declaration should be supported by evidence of the efforts made, such as emails to the foreign police, embassy correspondence, rejected applications, or official statements that no procedure exists. Where a foreign check is merely slow rather than impossible, the better course is usually to keep pursuing it and ask for an extension, rather than to seek a waiver too early.

This is different from the Form 888 statements that supporters give about the relationship. The statutory declaration described here is a sponsor's own declaration about their inability to obtain a foreign police check. The guide on partner visa missing documents explains how gaps in documents are explained more generally.

Can the Department refuse the sponsorship if the police check is not provided?

Yes. Regulation 1.20KC(6) gives the Department a discretion to refuse to approve the sponsorship if the sponsor does not provide the requested police checks within a reasonable time.

The word is "may", not "must". Department policy says a delegate may refuse to approve the sponsorship, and refuse the visa as a result, if the delegate is satisfied that:

• the sponsor was given a reasonable time and sufficient opportunities to provide the police checks; and
• the sponsor has not provided the checks or actively engaged with the Department to show what effort, if any, has been made to obtain them.

Policy also describes when grounds to refuse exist. Grounds exist if the response period has ended, whether it is the first period or an extended period, and the sponsor has not:

• provided the police checks;
• provided evidence of having started the process to obtain them;
• given a satisfactory explanation for not doing either; or
• engaged with the Department in any way about the request.

Read together, these passages show the policy logic of a partner visa sponsor police check not provided refusal. The target is the sponsor who is silent or who does nothing. A sponsor who engages, explains and provides evidence of a request is in a very different position. Each of those steps undermines the basis for a refusal.

The discretion also means that the circumstances of the case matter. A delegate exercising the discretion should consider the whole picture, including whether the request was actually received, whether the sponsor had a genuine obstacle, and whether there were sufficient opportunities. Where a partner visa sponsor police check not provided refusal is made against a sponsor who was never given a fair chance, that can be raised on review.

What happens to the visa if the sponsorship is not approved?

The visa must be refused. Approval of the sponsorship is a criterion for the grant of a Subclass 300, 309 or 820 visa, so if the sponsorship is not approved, the applicant cannot meet that criterion and the visa application fails.

Department policy explains that, for partner visas, approval of the sponsor is part of the decision under section 65 of the Migration Act 1958 to grant or refuse the visa. It is not a separate decision. For that reason, the policy says no separate notice is issued to the sponsor about whether the sponsorship is approved.

This creates an uncomfortable result in a partner visa sponsor police check not provided case. The sponsor received the request, did not respond, and then receives no separate decision. The applicant, who never saw the request, receives the refusal. The guide on why partner visas get refused sets out the wider pattern of refusal grounds, and the firm's answer on a partner sponsorship that has been refused explains what that means for the visa.

What does the section 57 letter say when the sponsor police check is not provided?

The applicant receives a section 57 natural justice letter inviting comment before the visa is refused, but Department policy says the reasons for the failure to approve the sponsorship must not be put to the applicant in that letter or in the refusal notice.

Section 57 of the Migration Act 1958 requires the Department to give the applicant relevant information that would be the reason, or part of the reason, for refusing the visa, and to invite comment. Department policy says the information that the sponsorship has been refused is relevant information that must be disclosed to the applicant for comment. Under section 63, the visa cannot be refused until the applicant comments, says they do not wish to comment, or the time to comment ends.

The policy then limits what the applicant is told. The reasons for the sponsorship not being approved are not put to the applicant. They also should not be disclosed in the refusal notification. The policy reflects the fact that a sponsor's police record is the sponsor's personal information.

In practice, an applicant in a partner visa sponsor police check not provided case may receive a letter that says, in substance, that the sponsorship is not approved and the visa cannot be granted, without saying that the cause is a police check request the sponsor ignored. Many applicants assume the problem is a criminal record or a relationship concern. They respond to the wrong issue, and the partner visa sponsor police check not provided problem remains unresolved.

The right response begins with a conversation with the sponsor. The sponsor should check every email account and postal address for Department correspondence, find the police check request, and act on it immediately. The sponsor can then provide the checks, or evidence that they have been requested, and the applicant's response to the section 57 letter can be coordinated with the sponsor's response. The guides on the partner visa section 57 natural justice letter and on common adverse information in section 57 letters explain the process. The answers on how to respond to a section 57 letter, on asking for an extension to a section 57 letter and on what happens with no response to a section 57 letter deal with timing.

How is this different from refusing consent to disclose convictions?

It is a different ground. A partner visa sponsor police check not provided case is about the sponsor failing to supply checks under regulation 1.20KC(6). Consent to disclose is a separate Schedule 2 criterion, and failing to give consent leads to refusal of the visa on that criterion.

The sponsorship application asks the sponsor to consent to the Department disclosing convictions for relevant offences to the visa applicant. That consent is a time of decision criterion in clauses 300.222, 309.222 and 820.221. If the sponsor expressly declines consent, the criterion cannot be met. If the sponsor leaves the question blank, policy says the Department should send a "Request for consent to disclose convictions" letter, and if there is no response within the requested time, the delegate may find the criterion is not met.

The two problems often appear together. A sponsor who ignored the police check request may also have left the consent question blank, and may ignore the consent letter too. Both requests go to the sponsor. The fix for both is the same: the sponsor must engage. A partner visa sponsor police check not provided case often becomes a consent case as well if nothing is done. Consent given once does not need to be given again.

What if the sponsor's police checks expire before the decision?

The checks generally need to be valid at the time of decision, because sponsorship approval is a time of decision criterion. Department policy allows a delegate to rely on expired checks only if the delay was outside the applicant's and sponsor's control and the expired checks show no relevant offence.

Partner visas can take a long time to decide. A sponsor who provided checks at lodgement, in a decision ready application, may find those checks have expired by the time the case officer looks at the file. Policy recognises this. A delegate may still assess regulation 1.20KC on the expired checks where:

• the delay in finalising the application, including the sponsorship assessment, was outside the control of the applicant and sponsor; and
• the expired checks reveal no relevant offence within regulation 1.20KC(2).

If either condition is not met, the Department can request new checks, and the partner visa sponsor police check not provided risk starts again. Policy also says second and later requests should be limited to cases where the delegate has sufficient reason to believe that the sponsor has, or may have, been convicted of a relevant offence since the first check, or has an outstanding charge for one. The guide on partner visa expired police checks explains when it is sensible to update checks before being asked, and the guide on uploading partner visa evidence after lodgement explains how to add updated documents.

What if the sponsor lives overseas?

A sponsor who lives overseas must still respond to the request, and the practical obstacles of distance are the most common reason a partner visa sponsor police check not provided problem becomes urgent.

Sponsors of Subclass 309 and Subclass 300 applicants are often outside Australia with their partner. Sponsors of Subclass 820 applicants sometimes travel or work abroad while the application is waiting. The issues include:

• Email monitoring. The sponsor must keep checking the email address in the sponsorship application, including spam folders.
• Postal addresses. An Australian postal address that the sponsor no longer uses is a risk. The sponsor should update it.
• Foreign checks. Time spent overseas while the application is waiting can trigger a new foreign check, if the sponsor reaches 12 months in that country.
• Fingerprints and attendance. Some foreign checks, and sometimes the Australian process, require identity steps that are harder from abroad.

An overseas sponsor should treat any partner visa sponsor police check not provided warning as urgent. The answers on an Australian living overseas who sponsors a partner and on a sponsor overseas during Subclass 820 processing explain the wider rules. The guide to working with an offshore partner visa lawyer explains how representation works across countries.

What if the sponsor refuses to cooperate?

The Department cannot force a sponsor to provide police checks, and the applicant cannot provide them on the sponsor's behalf. If the sponsor will not cooperate, the sponsorship is unlikely to be approved, and the couple need advice about the real reason for the refusal to engage.

A partner visa sponsor police check not provided case sometimes reflects something other than disorganisation. The sponsor may be reluctant because of a past conviction, an outstanding charge, or embarrassment about something in a foreign record. The sponsor may simply be reluctant to spend money or time. In other cases the reluctance is a sign of control in the relationship.

Each of these calls for a different response:

• A past conviction. Many convictions are not relevant offences, and many relevant offences do not involve a significant criminal record. A sponsor who fears the check may be worrying about something that cannot ground refusal. Separate articles in this series explain which offences count. The firm's answer on a sponsor with a criminal record is a starting point.
• An outstanding charge. Department policy says a sponsorship cannot be refused under regulation 1.20KC only because a relevant criminal matter has not been finalised. The guide on partner visa pending charges explains the timing issues.
• Control or abuse. Where a sponsor uses the application as leverage, the applicant should obtain confidential advice. Anyone in immediate danger should call 000. The family violence partner visa lawyers page and the answer on an abusive sponsor during a partner visa explain the options.

A sponsor who decides not to continue may also withdraw the sponsorship, which ends the partner visa sponsor police check not provided question in a different way. The answer on a sponsor withdrawing sponsorship explains that situation.

What happens to the police check request if the couple has separated?

If the couple has separated, the sponsor police check request still goes to the sponsor, and a separated sponsor is often the least likely person to respond. Whether the police check matters at all then depends on whether the applicant can still meet the visa criteria without the relationship.

A partner visa sponsor police check not provided situation after separation needs careful analysis. Where the relationship has ended and no special provision applies, the applicant usually cannot meet the relationship criteria regardless of the police check. In that case the police check is not the main issue. The guide on partner visa relationship breakdown and the article on what happens to a Subclass 820 application if the relationship breaks down explain the general position.

Where the applicant may rely on the family violence provisions, or on a child of the relationship, the position is different. Department policy, in its table for Subclass 820 applications by Subclass 300 holders and former holders, indicates that a sponsor police check is not required where the Subclass 820 application is considered under the family violence or child of the relationship provisions. The precise position depends on the pathway and should be confirmed with advice on the facts. The guide on partner visa family violence options explains those provisions, and the answer on separating during processing explains when advice is needed.

A temporary separation is different again, and a partner visa sponsor police check not provided outcome during a temporary separation is entirely avoidable. A couple living apart for work or family reasons remain in a relationship, and the sponsor still needs to respond to the request. The guide on partner visa temporary separation explains how the Department treats periods apart.

How can a partner visa sponsor police check not provided problem be fixed before the decision?

It can usually be fixed by the sponsor engaging immediately: finding the request, applying for every check it names, sending evidence of those applications to the Department, explaining any delay, and asking for a realistic extension.

The time before the decision is the most valuable time in a partner visa sponsor police check not provided case. Once the visa is refused, the only remedy is review. Before refusal, the Department can still approve the sponsorship. A practical sequence is:

• Find the request. The sponsor searches every email account, including junk folders, and checks every postal address given to the Department.
• Identify the checks. The request specifies the jurisdictions. The sponsor should confirm the Australian check and each named foreign country.
• Apply the same day. The sponsor lodges the Australian Federal Police application with the correct purpose and starts each foreign application.
• Collect proof. Receipts, reference numbers, appointment confirmations and payment records are kept.
• Respond in writing. The sponsor, or the sponsor's appointed representative, sends the evidence with a short explanation and a request for more time if needed.
• Deal with non-receipt. If the request was never received, the response says so and attaches evidence such as a bounce notice or proof of a changed address.
• Deal with impossible checks. If a foreign check cannot be obtained, the sponsor prepares the statutory declaration that Department policy describes, supported by evidence of the efforts made.
• Coordinate with the applicant. If a section 57 letter has been issued, the applicant's response should refer to the sponsor's engagement and attach copies with the sponsor's agreement.
• Appoint a representative. The sponsor completes Form 956 or Form 956A so that future requests are not missed.
• Provide each check on arrival. The sponsor sends each certificate as soon as it is issued.

Where the Australian check or a foreign check discloses convictions, the response must be prepared with the regulation 1.20KC(3) and 1.20KC(4) tests in mind. The firm's guide to a partner visa with a criminal record explains the wider character context, and the answer on a lawyer for a sponsor with a criminal record explains when advice is needed before the checks are sent.

Does the applicant's own police check matter here?

The applicant's own police checks are a separate requirement. The applicant must meet public interest criterion 4001 and the character provisions in section 501, and those rules apply to the applicant, not the sponsor.

Couples sometimes confuse the two. The applicant's checks are usually provided with the application or in response to a request to the applicant. The sponsor's checks are requested from the sponsor under regulation 1.20KC(5). Providing the applicant's checks does nothing to answer a partner visa sponsor police check not provided problem. The guide on partner visa character requirements explains the applicant's requirements.

Can the ART review a partner visa refusal when the sponsor police check was not provided?

Yes. A partner visa refusal based on the sponsorship not being approved is reviewable by the Administrative Review Tribunal, and the Tribunal reconsiders the sponsorship on the information before it at the time of its own decision.

The review application must be made within 28 days after the refusal is notified, or 7 days if the applicant is in immigration detention. That time cannot be extended. Who applies for review of a partner visa sponsor police check not provided refusal depends on the visa:

• Subclass 820. The visa applicant applies for review.
• Subclass 309. The visa applicant applies for review.
• Subclass 300. The sponsor applies for review.

The firm's guides on the partner visa appeal deadline, on who can lodge a partner visa appeal and on how the partner visa ART review process works explain the steps. The answer on challenging a refusal based on sponsorship limitations applies directly to this type of refusal.

On review, the most important task in a partner visa sponsor police check not provided case is to put the missing material before the Tribunal. The Tribunal is not limited to the material the Department had. The sponsor can obtain the checks, or evidence that they have been requested, and they can be provided to the Tribunal. The guides on partner visa ART evidence and on new evidence at Tribunal review explain how evidence is presented.

What have Tribunal decisions said about missing sponsor material?

Tribunal decisions show that missing material can be addressed on review, and that the circumstances in which material was not provided are examined.

In Manalo (Migration) [2024] AATA 1927, a Subclass 820 matter, the issues recorded were the sponsorship form and other requested material not being provided to the Department, COVID restrictions and access issues, prehearing, oral and witness evidence, and departmental policy. The Tribunal remitted the matter to the Department for reconsideration. The case illustrates that the reasons material was not provided, and the policy that applies, are matters the Tribunal considers.

In Fouracres (Migration) [2024] AATA 61, also a Subclass 820 matter, the recorded issues were criminal history and an Australian Federal Police certificate that expired before the visa was finalised, with a new certificate provided to the Tribunal. The Tribunal remitted the matter. That case concerned the applicant's own check rather than a sponsor's, but it shows how an expired police certificate can be updated on review.

Neither decision guarantees any result in another partner visa sponsor police check not provided case. Each case turns on its own facts and evidence. A partner visa sponsor police check not provided refusal is reviewable on its merits, and the sponsor's engagement at the review stage is central.

What happens to an onshore applicant after refusal?

An onshore Subclass 820 applicant who holds a bridging visa will usually keep it while a valid review application is pending, subject to the terms of that bridging visa. Once the review deadline passes without an application, the bridging visa will generally end after a short period.

This is why an onshore partner visa sponsor police check not provided refusal must be reviewed promptly if review is appropriate. The guide on bridging visas after a partner visa refusal explains the timing. The guides on what to do when a partner visa is refused and on the partner visa refusal letter explain how to read the decision.

Some couples ask whether it is better to reapply than to seek review. The answer depends on the applicant's location, visa status and any bars on further applications. The guide comparing partner visa appeal and reapplication and the guide on reapplying after a refusal explain the choice. For a refusal of any kind, the firm's partner visa refusals page and the wider visa refusals page explain review work.

What common mistakes lead to a partner visa sponsor police check not provided refusal?

The most common mistakes are assuming the request goes to the applicant or the applicant's agent, ignoring the request because the sponsor has no criminal record, and waiting for a foreign check without telling the Department anything.

Other mistakes seen in partner visa sponsor police check not provided cases include:

• Wrong purpose. Obtaining an Australian check for employment rather than for immigration and citizenship.
• Missing countries. Providing the Australian check but not the foreign checks named in the request.
• No translation. Providing a foreign check without an accurate English translation.
• The applicant responds alone. Sending the sponsor's documents through the applicant without the sponsor engaging or appointing a representative.
• No evidence of effort. Telling the Department that a foreign check is "on the way" without proof that it was requested.
• An inaccurate declaration. Seeking a waiver of a foreign check with a declaration that omits convictions.
• Answering the wrong issue. Responding to a section 57 letter about the relationship when the real cause is a sponsor police check request.

Prevention is better than review in any partner visa sponsor police check not provided matter. A pre-lodgement partner visa application review can identify the sponsor's countries of residence early, so the checks can be prepared before any request is made.

How My Migration Lawyers helps with a partner visa sponsor police check not provided problem

My Migration Lawyers acts for sponsors and applicants in partner visa matters that involve sponsor police check requests under regulation 1.20KC, including cases where the request was missed, a foreign check cannot be obtained, or the sponsorship has already been refused. The firm deals with complex partner visa cases, acts in many matters of this exact type, and is capable of handling a partner visa sponsor police check not provided problem at every stage, from the first request to Tribunal review.

The firm's work on a partner visa sponsor police check not provided matter typically includes:

• Reviewing the Department correspondence to identify exactly what was requested, from whom, when and at which address.
• Advising the sponsor on which Australian and foreign checks fall within regulation 1.20KC(5), including the 12-month cumulative residence rule.
• Preparing the sponsor's written response, extension request and evidence of applications made.
• Assessing whether the Evidence Act presumptions of receipt can be rebutted where a request was not received.
• Preparing the sponsor's statutory declaration for a foreign check that cannot be obtained, based on the sponsor's own account and evidence, which the sponsor reviews and corrects.
• Advising both partners, with appropriate care for confidentiality, where the checks may disclose convictions.
• Responding to a section 57 letter that does not state the reason for the sponsorship problem.
• Preparing and presenting an Administrative Review Tribunal review, including updated sponsor checks.

The firm's partner visa lawyers work with clients across Australia and overseas by video. The guide to complex partner visa lawyer work explains how these matters are handled, and the answer on whether there is a partner visa lawyer who handles complex cases describes the firm's approach. Partner visa sponsor police check not provided matters, like other sponsorship and refusal matters, are supervised by Weiwei Zhang, Principal Lawyer.

If the Department has asked for sponsor police checks, if a section 57 letter has arrived without a clear reason, or if a partner visa sponsor police check not provided refusal has been made, Book a Consultation with My Migration Lawyers, or call 1300 040 300.