Partner Visa Sponsor Police Check at the Second Stage

If you are searching for a partner visa sponsor police check second stage answer, the short answer is this: the Australian sponsor does not normally need a new police check for the permanent Subclass 801 or Subclass 100 stage. The sponsor police check rules in regulations 1.20KC and 1.20KB of the Migration Regulations 1994 are built around the temporary stage. They do not apply at the second stage, and the Department does not approve the sponsorship a second time.

That is the general rule. The partner visa sponsor police check second stage question becomes more complicated in a small number of situations. These include an applicant under 18 in the application, new adverse information about the sponsor, expired checks while the temporary visa is still waiting for a decision, and couples who moved from a Subclass 300 Prospective Marriage visa to a Subclass 820 partner visa.

This article explains when a partner visa sponsor police check, second stage request can lawfully arise, what the Department actually relies on, how the applicant's own police certificates differ, and what a sponsor should do if the Department does ask again. Each partner visa sponsor police check second stage scenario is linked to the regulation or policy that supports it, so you can see why the answer is what it is. It is written mainly for Australian citizens, permanent residents and eligible New Zealand citizens who sponsor a partner. If you need the general picture first, our complete guide to partner visas in Australia and our explanation of the partner visa two-stage process are good starting points.

Is a partner visa sponsor police check second stage request routine?

No. A partner visa sponsor police check second stage request is not a routine part of the Subclass 801 or Subclass 100 assessment. The Department's policy for both permanent visas says the sponsor's police checks are required at the permanent stage only where an applicant is under 18, and even then the requirement "may be considered met if the sponsoring partner provided police checks previously" for the temporary visa, unless adverse information exists.

This surprises many sponsors. The Department's public website tells every partner sponsor to provide an Australian Federal Police (AFP) police certificate and overseas police certificates when they lodge the sponsorship. Sponsors then assume the same process repeats two years later. It does not. The AFP police check for a partner visa is a first-stage document for the sponsor. At the second stage, the person who usually provides new police certificates is the applicant.

So, for most couples, the partner visa sponsor police check: second stage answer is simple. If the sponsor gave complete checks with the sponsorship, nothing has changed, and there is no child under 18 in the application, the sponsor should not expect to be asked again. A partner visa sponsor police check, second stage letter in that situation would be unusual and worth checking with a lawyer. If you want to check what your sponsor gave at the first stage, our page on what documents a sponsor needs to provide sets out the usual list.

Why sponsors are often told the opposite

Sponsors are often told that "everything has to be updated" at the second stage. That advice mixes up three different things: the applicant's new police certificates, the relationship evidence, and the sponsor's police checks. The first two are part of the second stage. The third is not, except in the narrow cases discussed below. Treating every second-stage document as a partner visa sponsor police check: second stage requirement leads sponsors to spend money on certificates nobody has asked for. Our article on partner visa second stage documents explains what is actually required at that point.

Why regulations 1.20KC and 1.20KB do not apply at the Subclass 801 and Subclass 100 stage

Regulations 1.20KC and 1.20KB do not apply at the second stage because they control the approval of a sponsorship, and there is no sponsorship approval at the Subclass 801 or Subclass 100 stage. This is the legal core of every partner visa sponsor police check second stage question.

Regulation 1.20KC: relevant offences

Regulation 1.20KC commenced for applications made on or after 18 November 2016. It applies to Subclass 300, Subclass 309 and Subclass 820 applications. It does not apply to Subclass 100 or Subclass 801. It gives the Minister power to request Australian and foreign police checks from the sponsor (reg 1.20KC(5)), to refuse to approve the sponsorship if the checks are not provided within a reasonable time (reg 1.20KC(6)), and requires refusal where the sponsor has been convicted of a relevant offence and has a significant criminal record for it (reg 1.20KC(3)), unless the Minister considers it reasonable to approve (reg 1.20KC(4)).

Because regulation 1.20KC does not apply to the Subclass 801 or Subclass 100 decision, the power to request sponsor checks under reg 1.20KC(5) is not engaged at the permanent stage. A partner visa sponsor police check second stage request therefore cannot rest on regulation 1.20KC alone once the temporary visa has been decided. Put simply, the rule that created the first-stage check is not part of the permanent visa criteria, which is why any partner visa sponsor police check, second stage request needs another legal basis. Our guide to partner visa sponsorship limitations explains how these sponsor rules sit alongside the other limits on who can sponsor.

Regulation 1.20KB: protection of children

Regulation 1.20KB applies to Subclass 309, Subclass 820 and Subclass 300 applications made on or after 27 March 2010. It deals with sponsors who have a conviction or an unresolved charge for a registrable offence, meaning an offence of a type that could be listed on the Australian National Child Offenders Register. Where it applies, the sponsorship of all applicants must be refused unless all applicants are 18 or over at the time of decision, or the conviction is quashed. The Department's instruction records that regulation 1.20KB does not apply to Subclass 100.

The police checks required under regulation 1.20KB are tied to sponsoring an applicant who is under 18 at the time of the Subclass 309, Subclass 820 or Subclass 300 application. That is a first-stage requirement. It is one reason the partner visa sponsor police check, second stage position is different from the first stage.

No new sponsorship approval at the second stage

There is no separate sponsorship approval for Subclass 801 or Subclass 100. The Department's instruction says the Schedule 2 criteria for those visas "refer back to the sponsor who was approved as part of the process that resulted in the grant of the temporary visa". The sponsoring partner for the Subclass 801 is the person specified in the Subclass 820 application (cl 801.111(a)). For the Subclass 100 it is the person specified in the Subclass 309 application (cl 100.111(a)).

For the Subclass 801, the applicant must continue to be sponsored by that same sponsor (cl 801.221(2)(b)) and must continue to be their spouse or de facto partner (cl 801.221(2)(c)). For the Subclass 100, cl 100.226 requires the applicant to be nominated by the sponsoring partner, unless an exception such as the death of the sponsor or family violence applies. None of these second-stage criteria repeats the regulation 1.20KC test. Our explanation of Subclass 820 vs Subclass 801 and the FAQ on the difference between the 820 and 801 visas set out how the two stages connect.

What the Department relies on from the first stage

At the second stage, the Department relies on the sponsor checks, consent and approval that were dealt with when the temporary visa was decided. This is why the partner visa sponsor police check second stage issue rarely arises for an ordinary couple.

When the sponsorship was approved, the delegate would have had the sponsor's AFP check and any overseas checks, and the sponsor's written consent for the Department to disclose convictions for relevant offences to the applicant. Approval of the sponsorship was part of the visa decision under s 65 of the Migration Act 1958, not a separate decision. Once the Subclass 820 or Subclass 309 was granted, that approval stands behind the permanent application. The Department also counts a two-stage sponsor only once for the sponsorship limit in reg 1.20J. In other words, the partner visa sponsor police check second stage position follows from the fact that the sponsor has already been assessed.

What the sponsor does provide at the second stage

The sponsor still has a role at the second stage, but it is about the relationship, not the police check. Home Affairs asks for a document completed by the sponsor covering the couple's commitment, the genuine and continuing relationship, living together, when the relationship began, and the financial, household, social and commitment aspects, plus future plans. Two supporting witnesses each give a Form 888 statement. In this article we call the sponsor's document the sponsor's statement. Our guides to the partner visa relationship statement, Form 888 witness statements and who can sign a Form 888 explain those documents.

The second-stage relationship assessment is a fresh assessment. The Department may interview both partners or ask for more documents. That is a relationship inquiry, and it is not the same as a partner visa sponsor police check, second stage request. If you are preparing for the permanent stage generally, our FAQ on what documents you need for the 801 second stage and our article on whether you need a lawyer for the partner visa second stage are useful.

When the second stage becomes available

Under cl 801.221(2)(d) and cl 100.221(2)(c), at least two years must have passed since the combined application, unless an exception applies. About 22 months after the application, the Department emails the applicant to say they can be considered for the permanent visa and can upload information through ImmiAccount. Home Affairs says not to send the permanent stage documents before two years have passed. Our FAQ on when you can apply for the 801 covers the timing, and the FAQ on getting the 801 straight away explains the long-term relationship exception.

The applicant's police certificates at the second stage are a different requirement

The applicant's police certificates at the second stage are a separate requirement from any sponsor check, and they are routine. This is the point most often confused in partner visa sponsor police check second stage searches.

The Department's policy for both permanent visas requires the applicant to give a current penal clearance for any country where they lived for 12 months or more, in total, since the Subclass 820 or Subclass 309 was granted. The Home Affairs Subclass 801 page also asks for an Australian police certificate if the applicant did not attach one with the Subclass 820 application, or if the earlier one has expired. These are the applicant's checks. They are not the sponsor's checks. An applicant who sends the sponsor's old AFP certificate in reply to a request for their own certificate has not answered the request, and a sponsor who orders a new check in reply to the applicant's request has answered a partner visa sponsor police check second stage question that was never asked.

A simple way to tell them apart

Ask whose name is on the request. If the Department's letter or ImmiAccount request is addressed to the applicant and asks for the applicant's police certificate, it is the applicant's character requirement under the visa criteria. If a request is addressed to the sponsor, comes to the sponsor directly and asks for the sponsor's checks, it is a partner visa sponsor police check. Second stage requests of that second kind are unusual, and they deserve close attention.

If the applicant is not sure which overseas checks they need, our guide to partner visa overseas police certificates explains the countries and the 12-month rule. Our FAQ on how long police certificates and health checks are valid explains when a certificate is treated as expired, and the FAQ on whether you need a police check for a partner visa covers the basic rule for both partners. If the applicant has a record of their own, our guide to partner visa character requirements is the right place to start.

When the partner visa sponsor police check second stage rules can require new checks

New sponsor checks can be required at the second stage only in limited circumstances, and each one has a specific legal basis. The partner visa sponsor police check second stage exceptions that the Department's policy and Home Affairs guidance support are set out below.

An applicant under 18

Where an applicant in the permanent application is under 18, the Department's policy for both the Subclass 801 and the Subclass 100 requires sponsor police checks for public interest criteria 4016 and 4018. These criteria deal with the best interests of a minor applicant, and they cover the sponsor's serious convictions. However, the same policy says the requirement may be considered met if the sponsoring partner provided police checks previously for the Subclass 820 or Subclass 309, unless adverse information exists.

So even in a family with children, a partner visa sponsor police check, second stage request is not automatic. It becomes likely only where there is no earlier check on file, or where something adverse has come to light. Families with children in the application should read our guides on adding children to a partner visa, partner visa stepchildren and the FAQ on including your partner's children in your partner visa. A child who turns 18 during processing raises its own questions, covered in our article on a partner visa child turning 18.

Adverse information about the sponsor

The second trigger is adverse information. Where the Department has information suggesting the sponsor has been charged or convicted since the earlier check, the policy reason for relying on the old check falls away for minor applicants. The Department may then ask for something more current. A sponsor in this position should treat the partner visa sponsor police check second stage request as serious, because it usually means the Department already knows something. The sponsor should not guess what that information is. A lawyer can often find out what the Department holds, for example through a partner visa FOI request, before the sponsor responds.

A temporary visa that has not yet been decided

The third situation is different in kind. In an onshore combined application, the Subclass 820 and Subclass 801 are lodged together. If the Subclass 820 has still not been decided when the couple reaches the two-year point, regulation 1.20KC still applies to the Subclass 820 decision. The sponsorship has not yet been approved, so the first-stage police check rules continue to operate. That can produce what looks like a partner visa sponsor police check, second stage request, but legally it is a first-stage request for the temporary visa that is still pending. The same can happen offshore with a Subclass 309 that remains undecided. Our article on partner visa processing delays explains why some first-stage decisions take this long, and our partner visa double grant article explains what happens when both stages are decided together.

Subsequent police check requests: the reason to believe threshold

A subsequent sponsor police check request is limited by policy 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. This is the rule that governs repeat requests while regulation 1.20KC still applies, and it is the most important limit on any partner visa sponsor police check second stage style request made before the temporary visa is decided.

This means the Department should not ask a sponsor again simply because time has passed. A partner visa sponsor police check, second stage request based only on the age of the earlier certificate is not what the subsequent request policy contemplates. There must be a reason connected to a possible new relevant offence. Relevant offences under reg 1.20KC(2) are offences against Commonwealth, State, Territory or foreign law involving:

• 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 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 a non-relevant offence, such as many traffic matters, cannot be used to refuse under reg 1.20KC(3) and cannot be disclosed under that regulation. An offence where no conviction was recorded cannot be relied on to refuse or be disclosed. These distinctions matter when deciding how to respond to a partner visa sponsor police check: second stage requests that mention a specific matter. Our articles on a partner visa domestic violence charge, a partner visa drink driving conviction and partner visa spent convictions look at how different records are treated. Our FAQ on whether you need to disclose charges that did not lead to a conviction addresses a common worry.

What "significant criminal record" means here

Under reg 1.20KD(1), a significant criminal record means a sentence of death, life imprisonment, a term of imprisonment of 12 months or more, or two or more terms totalling 12 months or more. A suspended sentence of 12 months or more counts, because the test looks at the sentence, not the time served. Quashed convictions and pardons are disregarded under reg 1.20KD(5). If a sponsor has a relevant conviction without a significant criminal record, the sponsorship cannot be refused under reg 1.20KC(3), but policy is to disclose the conviction to the applicant, with consent, so the applicant can decide whether to continue.

Expired first-stage checks while the temporary visa is still undecided

If the sponsor's first-stage checks expire before the Subclass 820 or Subclass 309 is decided, the Department may ask for them again, but policy allows the delegate to rely on expired checks in some cases. This is a common source of partner visa sponsor police check second stage confusion for couples whose temporary visa has been waiting for a long time.

Home Affairs says sponsor police certificates are valid for 12 months from issue. If they expire before a decision, "we will let you know if you need to provide them again". The Department's instruction says regulation 1.20KC is assessed at the time of decision and the sponsor checks must be valid at that time. But it also contains a policy exception: expired checks may be relied on if the delay was outside the couple's control and the expired checks show no relevant offence.

What this means in practice

The practical partner visa sponsor police check second stage answer depends on which visa is still waiting for a decision. For a couple whose Subclass 820 has been pending for two years or more, the sponsor's AFP certificate will almost always have expired. The Department may proceed on the expired check under the policy exception, or it may ask for a fresh one. Either outcome is lawful. For this group of couples, the partner visa sponsor police check second stage question is really a question about the temporary visa. What the sponsor should not do is ignore a request on the basis that "the second stage does not need sponsor checks". If the temporary visa is still undecided, regulation 1.20KC still applies, and a failure to respond within a reasonable time can lead to refusal of the sponsorship under reg 1.20KC(6), which means the visa must be refused.

Our article on partner visa expired police checks explains when to update and when to wait for a request. The current Department processing times guide, as published by the Department in October 2026, shows Subclass 820 applications processed at 50% in 22 months and 90% in 30 months, and Subclass 309 applications at 50% in 21 months and 90% in 32 months. Those figures are a guide only and are not specific to any application. Our partner visa processing times article explains how to read them, and our Subclass 820 processing time guide covers the onshore stage.

Should the sponsor update the partner visa sponsor police check before the second stage?

Usually there is no need. Policy allows reliance on expired checks in the right case, and a voluntary new upload costs time and money. However, if the sponsor has been charged or convicted since the earlier check, the analysis changes completely. In that case the question is not whether to update, but how to disclose. That is a partner visa sponsor police check second stage issue that needs legal advice before any action is taken.

The Subclass 820 after Subclass 300 pathway

A sponsor who already passed the police check stage for a Subclass 300 Prospective Marriage visa usually does not need new checks when the couple applies for the Subclass 820. Home Affairs says a former Subclass 300 sponsor "may not need to submit police certificates again. If police certificates are required, we will let you know."

The Department's instruction is more specific. The table below sets out the policy for a partner visa sponsor police check, second stage style request in the Subclass 300 to Subclass 820 pathway.

SituationNew sponsor police check for the Subclass 820?Regulation 1.20KC was met at the Subclass 300 stage and there are no new concernsNoRegulation 1.20KC was not assessed at the Subclass 300 stageYesNew concerns about the sponsor have arisenYesA different sponsor is involvedYesThe Subclass 820 is being considered under the family violence or child of the relationship provisionsNo

Strictly, the Subclass 820 is the first stage of the onshore partner visa, so this is not a true partner visa sponsor police check second stage scenario. It is included here because couples who married after a Subclass 300 often think of the Subclass 820 as their "second step". The charge for the Subclass 820 and Subclass 801 is from AUD1,955.00 for Subclass 300 holders, as published by the Department in October 2026. Our Subclass 300 visa page and FAQ on whether a prospective marriage visa is permanent explain the pathway, and our FAQ on who can sponsor a prospective marriage visa covers the sponsor rules.

A different sponsor

The "different sponsor" row in the table matters. If the person who sponsors the Subclass 820 is not the person who sponsored the Subclass 300, the earlier check gives no protection. A new sponsor must go through the full first-stage process. The same logic applies to any partner visa sponsor police check second stage question: the protection of the earlier check belongs to the sponsor who gave it. Our FAQ on whether you can change your sponsor during a partner visa application explains why changing sponsors is rarely simple.

What happens if the sponsor is charged or convicted during processing?

If the sponsor is charged or convicted during processing, the consequences depend on whether the temporary visa has already been decided. This is the hardest partner visa sponsor police check second stage scenario, and it is where early advice makes the most difference.

Before the temporary visa is decided

While the Subclass 820, Subclass 309 or Subclass 300 is still undecided, regulation 1.20KC continues to apply. An unresolved charge cannot be the basis of refusal under regulation 1.20KC, but the delegate may defer the decision briefly. Under the Department's child protection instruction, an unresolved charge for assault or violence, or for drug trafficking or manufacture, leads to deferral of the visa decision until the charge is dealt with. If a conviction for a relevant offence follows, the delegate will assess whether the sponsor has a significant criminal record under reg 1.20KD and, if so, whether it is reasonable to approve the sponsorship under reg 1.20KC(4). Our guides on a partner visa with pending charges and the FAQ on whether you can get a partner visa if your sponsor has a criminal record explain this further.

After the temporary visa is granted

Once the temporary visa is granted, regulation 1.20KC no longer applies to the permanent decision, so a sponsor's new conviction does not trigger the reg 1.20KC refusal test at the Subclass 801 or Subclass 100 stage. That does not mean the conviction is irrelevant. It may be adverse information for public interest criteria 4016 and 4018 where an applicant is under 18. It may also bear on the fresh assessment of whether the relationship is genuine and continuing. And if the charge involves violence against the applicant, the family violence provisions may become relevant. A partner visa sponsor police check, second stage request in this setting usually follows information the Department already holds. The sponsor's reply should be accurate, complete and consistent with the court record.

If the conduct involves family violence

If the sponsor's charge involves violence against the applicant, the applicant's position is protected by law. The family violence provisions exist "to avoid a situation where a visa applicant feels compelled to remain in a violent relationship for fear of losing their eligibility for permanent residence". The applicant may be granted the permanent visa where the relationship was genuine until it ended and family violence was committed by the sponsor. There is no need to show the relationship ended because of the violence. Our family violence partner visa lawyers page, the article on partner visa family violence evidence and the FAQ on what to do if your sponsor is abusive explain the options.

How relevant offences are weighed at the first stage

When regulation 1.20KC does apply, the Tribunal looks closely at whether it is reasonable to approve the sponsorship despite a sponsor's record. These decisions show why the timing of any partner visa sponsor police check second stage issue matters so much.

Under reg 1.20KC(4), the decision maker must have regard to the length of time since the sponsor completed the sentence, the best interests of any children of the sponsor or the primary applicant, and the length of the relationship. Policy treats the best interests of children as a primary consideration, and cautions against approving solely on time elapsed if less than five years have passed since the sentence was completed. Where a delegate is inclined to approve, policy is to interview the applicant, preferably in person and without the sponsor present, to make sure the applicant is not forced, coerced or intimidated.

The Administrative Review Tribunal and the former Administrative Appeals Tribunal have remitted several first-stage refusals on this question:

• 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 noted the sponsorship may be approved if it is reasonable to do so, and considered the sponsor's remorse and the absence of reoffending.
• 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 Tribunal considered whether it was reasonable to approve the sponsorship.
• In Naureen (Migration) [2024] ARTA 468, a Subclass 309 matter, the Tribunal considered the sponsor's significant criminal record, the time since the last imprisonment, and the limited time the couple had spent together because of travel restrictions.

Each matter was sent back to the Department for reconsideration. They are first-stage decisions, not second-stage decisions. They are relevant to the partner visa sponsor police check second stage topic only where the temporary visa is still undecided, because that is when regulation 1.20KC applies. They show that a sponsor record is assessed on its facts, and that time, conduct since the offence and the couple's circumstances all matter. Our pages on partner visa refusals, the FAQ on what happens if your partner's sponsorship is refused and our article on a partner visa lawyer for a criminal record explain how these cases are prepared.

Review rights if the sponsorship is refused

If an onshore Subclass 820 is refused because the sponsorship was not approved, only the visa applicant can apply for review, and they must be in Australia. For a Subclass 300 refusal, the sponsor applies. For a Subclass 309 refusal, the visa applicant applies in their own name. The application must be made within 28 days after notification, or 7 days if in immigration detention, and that time limit cannot be extended. Our guides on who can lodge a partner visa appeal and the partner visa appeal deadline explain the steps.

What a sponsor should do if asked for a police check again

If the Department asks the sponsor for a police check again, the sponsor should apply for the checks immediately, keep proof of the application, and tell the Department within the time given. A partner visa sponsor police check second stage request should never be left unanswered, even if the sponsor believes it was sent in error.

Step 1: confirm what is being asked and why

Read the request carefully. Is it addressed to the sponsor? Does it relate to the temporary visa or the permanent visa? Does it mention a specific charge or conviction? Under the Department's policy, a regulation 1.20KC request is made to the sponsor directly, not to the applicant, and not through the applicant's representative unless the sponsor has appointed one. If you are unsure, a lawyer can read the request and confirm whether it is a genuine partner visa sponsor police check, second stage request or a first-stage request for an undecided temporary visa.

Step 2: apply for the right checks

The documents required for a partner visa sponsor police check, second stage request are the same as at the first stage. The Department accepts only complete disclosure National Police Certificates issued by the AFP. It does not accept standard disclosure certificates or national police certificates issued by state or territory police. Policy refers to the purpose code "Immigration/Citizenship - Australia". Overseas checks are needed for every country where the sponsor spent a total of 12 months or more in the last 10 years since turning 16. Non-English checks need an English translation. If a foreign check cannot be obtained, policy allows the sponsor to give a statutory declaration on the standard Commonwealth form explaining their efforts and declaring any convictions or none. Our FAQ on what to do if you cannot get a police certificate explains the practical steps.

Step 3: respond within the reasonable time

The law does not define a reasonable time. Department policy allows 28 days from the request to provide the checks, or at least evidence that they have been requested. Extensions should be given flexibly where the sponsor shows they have applied. If the sponsor provides nothing, does not show they applied, does not explain and does not engage, the grounds for refusal under reg 1.20KC(6) arise while that regulation applies. Missing the period is the most avoidable way a partner visa sponsor police check, second stage request can turn into a refusal. Our guides to a partner visa s56 request, a partner visa s56 extension and the FAQ on getting an extension on a section 56 request explain how to handle deadlines.

Step 4: check the consent to disclose

The sponsor must consent to the Department disclosing convictions for relevant offences to the applicant. Consent given on the sponsorship form does not need to be obtained again. If a sponsor declines consent at the first stage, the visa criterion cannot be met and the visa is refused after a natural justice letter. For most partner visa sponsor police check second stage requests, consent is already on file and nothing more is needed. Our guide to the s57 natural justice letter for a partner visa explains that process.

Why disclosure matters for the partner visa sponsor police check second stage

Disclosure matters because the Department may already hold information about the sponsor, and an incomplete or inaccurate answer can create a second problem that is more serious than the first. A partner visa sponsor police check second stage request is often a signal that the Department wants to check something specific.

The sponsor declares on the partner sponsorship whether they have ever been convicted of, or have a pending charge for, an offence relating to persons under 18. Home Affairs also says the Department might not approve a sponsor who refuses to provide a police clearance or does not consent to disclosure. Where information given to the Department is later found to be wrong, the applicant can face separate integrity questions. Our articles on partner visa undisclosed convictions, partner visa false information refusals and the FAQ on how to tell an honest mistake from a PIC 4020 issue explain the risks.

Changes the couple should report

Home Affairs asks sponsors to tell the Department if things change, including contact details and if the relationship ends. Applicants have their own obligation under s 104 of the Migration Act 1958 to notify changes. Our guides to Form 1022 for reporting changes and partner visa change of circumstances explain what to report and how. A new charge against the sponsor is not something to upload in a panic. It is something to assess properly first, and then disclose accurately. That approach protects the couple whether or not a formal partner visa sponsor police check, second stage request ever arrives.

How My Migration Lawyers helps with a partner visa sponsor police check second stage request

My Migration Lawyers acts for sponsors and applicants when a partner visa sponsor police check second stage request arrives, and when a sponsor's record becomes an issue at any point in a partner visa. We act in many partner visa matters involving sponsor checks, character questions and second-stage assessments, and we are capable of handling complex cases where the law and the facts are both difficult.

Every partner visa sponsor police check second stage matter we see starts with the same task: working out which stage the request belongs to and what legal power supports it. On this exact issue, our work typically includes:

• reading the Department's request and confirming whether it relates to the temporary visa, the permanent visa or a child applicant's public interest criteria;
• checking which sponsor checks and consent are already on the Department's file from the first stage;
• advising whether regulation 1.20KC still applies because the Subclass 820 or Subclass 309 is undecided;
• identifying the correct AFP and overseas checks, and the evidence that they have been requested, within the policy timeframe;
• assessing any new charge or conviction against the relevant offence list and the significant criminal record test before anything is disclosed;
• preparing submissions under reg 1.20KC(4) where a sponsor has a record, presenting the couple's own account and evidence in the form the law requires; and
• protecting the applicant's position where the sponsor's conduct raises family violence, and acting on any review within the 28-day deadline.

Our partner visa lawyers work with couples across Australia by video, from our office at Level 1, 60 Martin Place, Sydney NSW 2000. We act for clients in Sydney, Melbourne, Brisbane, Perth and Adelaide, and for sponsors who live overseas. Principal Lawyer Weiwei Zhang leads the firm's partner visa practice. If the Department has given you a short deadline, our urgent matters page explains how to reach us quickly.

A partner visa sponsor police check second stage question usually has a clear answer once the file is checked. Where it does not, the sooner a lawyer sees the request, the more options the couple keeps.

Book a consultation with My Migration Lawyers to have your sponsor police check request reviewed. You can also call us on 1300 040 300.