Partner Visa Sponsor Significant Criminal Record Under Regulation 1.20KD

A partner visa sponsor significant criminal record is the sentencing threshold in regulation 1.20KD of the Migration Regulations 1994 that decides whether the Department of Home Affairs must refuse to approve an Australian sponsor of a Subclass 820, Subclass 309 or Subclass 300 applicant. If the sponsor has been convicted of a relevant offence and has a partner visa sponsor significant criminal record in relation to that offence, the sponsorship must be refused unless approval is reasonable.

This guide works through the regulation 1.20KD test the way the Department's own policy does: scenario by scenario. It explains what counts as a term of imprisonment, how concurrent and suspended sentences are treated, why early release does not change the result, how periodic detention and residential programs are measured, and which records are disregarded. It then explains what happens once the test is met, including the reasonableness discretion, the invitation to the sponsor to comment, the interview with the applicant and the evidence that supports a case for approval. The firm's commercial page on partner visa sponsorship limitations sets out how My Migration Lawyers advises sponsors in this position.

The article is written for sponsors who have a criminal history and want to know where they stand before an application is lodged, and for applicants who have been told that their sponsor's history may affect their visa. It is a technical subject. The wording of the sentencing record matters, and small differences in a court order can change the answer.

What is a partner visa sponsor significant criminal record?

A partner visa sponsor significant criminal record is a record that meets one of the four sentencing limbs in regulation 1.20KD(1) in relation to a relevant offence: a sentence of death, a sentence of imprisonment for life, a term of imprisonment of 12 months or more, or two or more terms of imprisonment where the total of those terms is 12 months or more.

Regulation 1.20KD is a definition. It does not operate on its own. It is used by regulation 1.20KC, which is the provision that limits who can sponsor a partner. Regulation 1.20KC(3) says the Minister must refuse to approve the sponsorship if two things are both true:

• the sponsor has been convicted of a relevant offence; and
• the sponsor has a significant criminal record in relation to that relevant offence.

Both parts are needed. A conviction for a relevant offence without a partner visa sponsor significant criminal record does not trigger the mandatory refusal. A long prison sentence for an offence that is not a relevant offence does not trigger it either. The broader rules on who may sponsor are explained in the firm's article on when a sponsor cannot sponsor a partner visa in Australia, and the short answer on who can sponsor a partner visa sets out the basic eligibility requirements that sit underneath these limits.

The partner visa sponsor significant criminal record test was introduced from 18 November 2016 as part of the Government's response to family violence. Its purpose is protective. It is designed to protect visa applicants, who often arrive in Australia with no family or support network, from sponsors with a serious history of violence or related offending.

Which partner visas does the regulation 1.20KD test apply to?

The partner visa sponsor significant criminal record test applies to sponsors of applicants for the Subclass 300 Prospective Marriage visa, the Subclass 309 Partner (Provisional) visa and the Subclass 820 Partner (Temporary) visa, where the application was made on or after 18 November 2016.

It does not apply at the permanent stage. Regulation 1.20KC does not apply to the Subclass 100 visa that follows a Subclass 309, or to the Subclass 801 visa that follows a Subclass 820. In practice, the partner visa sponsor significant criminal record question is therefore decided once, when the temporary or provisional visa is decided.

Sponsorship approval is a time of decision criterion. The relevant clauses are 300.222, 309.222 and 820.221. At the time of application, the criteria only require the applicant to be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen. This has an important consequence. The partner visa sponsor significant criminal record test is applied to the sponsor's record as it stands when the Department decides the visa, not when the application was lodged. A conviction recorded after lodgement can still be considered.

The pages on the Subclass 820 onshore partner visa, the Subclass 309 offshore partner visa and the Subclass 300 Prospective Marriage visa explain the other criteria for each pathway. The firm's complete guide to partner visas in Australia explains how the temporary and permanent stages fit together.

What is a relevant offence for regulation 1.20KC?

A relevant offence is an offence against a law of the Commonwealth, a State, a Territory or a foreign country that involves one of the matters listed in regulation 1.20KC(2), and a partner visa sponsor significant criminal record only counts if it is in relation to such an offence.

The list in regulation 1.20KC(2) covers offences involving:

• violence against a person, including murder, assault, sexual assault and the threat of violence;
• the harassment, molestation, intimidation or stalking of a person;
• the breach of an apprehended violence order, or a similar order, issued under a law of a State, a Territory or a foreign country;
• firearms or other dangerous weapons;
• people smuggling;
• human trafficking, slavery or slavery-like practices (including forced marriage), kidnapping or unlawful confinement;
• attempting to commit an offence involving any of those matters; and
• aiding, abetting, counselling or procuring the commission of an offence involving any of those matters.

The Department's policy notes that not every offence on a police check falls within the regulation. Delegates may refer to the Australian and New Zealand Standard Offence Classification published by the Australian Bureau of Statistics to interpret offences. Foreign police checks can use different terminology, and where it is unclear whether a foreign offence is a relevant offence, delegates are told to consult the Department's Partner Program Management section.

This article does not examine particular offence types in detail. The firm's guides on a partner visa domestic violence charge, partner visas with intervention orders and partner visas with overseas convictions deal with those questions. The point for the partner visa sponsor significant criminal record test is narrower: the sentence only counts if it attaches to an offence on this list.

Why a long sentence for a non-relevant offence does not trigger regulation 1.20KC(3)

A long sentence for an offence outside the regulation 1.20KC(2) list, such as fraud, drug offences, drink driving or property offences, does not create a partner visa sponsor significant criminal record for the purposes of regulation 1.20KC(3), because the record must be in relation to a relevant offence.

This is one of the most misunderstood parts of the regime. A sponsor who served several years for a drug supply offence may assume that they cannot sponsor a partner. Under regulation 1.20KC, that assumption is wrong. The Department's policy states that where a sponsor has convictions for offences other than relevant offences, delegates cannot refuse to approve the sponsorship under regulation 1.20KC(3) and cannot disclose those convictions to the visa applicant under this policy.

That does not mean the history is irrelevant to the whole application. Other rules can still apply:

• Regulation 1.20KB deals with sponsors where a child under 18 is included in the application and the sponsor has been charged with or convicted of a registrable offence. Where both 1.20KB and 1.20KC grounds exist, the Department considers regulation 1.20KB first.
• The history may be relevant to whether the relationship is genuine, for example if the sponsor was in custody for much of the claimed relationship.
• If the sponsor is a permanent resident rather than a citizen, the sponsor's own visa may be exposed to character cancellation, which is a separate issue for the sponsor.

The firm's article on a partner visa with a criminal record explains how criminal history affects the application more broadly, and the guide to a partner visa drink driving conviction explains one common category of non-relevant offence. For a sponsor whose partner has spent time in custody, the article on a partner visa relationship during imprisonment explains the relationship evidence issues, and the short answer on whether a partner visa is possible if your partner is in prison sets out the starting position.

What does conviction mean for a partner visa sponsor significant criminal record?

For regulations 1.20KC and 1.20KD, a conviction means the situation where, after a finding of guilt or a plea of guilty for a relevant offence, the court has recorded a conviction.

This matters because the partner visa sponsor significant criminal record test sits on top of a conviction. If no conviction was recorded, there is nothing for the sentence to attach to. The Department's policy gives the example of a good behaviour bond or an intervention program on the basis that no conviction will be recorded if the sponsor complies. In that situation the delegate cannot rely on the offence to refuse the sponsorship and cannot disclose it to the applicant. A finding of guilt without a conviction is also irrelevant to the sponsorship limitation and to the consent to disclose requirement.

Sentencing outcomes that do not involve imprisonment are covered in a separate article in this series. For present purposes, the question is simple: was a conviction recorded for a relevant offence, and if so, what sentence was imposed? The firm's short answer on whether you need to disclose charges that did not lead to a conviction explains the difference from the applicant's side, and the article on partner visa spent convictions explains how older convictions are treated in the character context.

Where criminal proceedings for a relevant offence are still open, the partner visa sponsor significant criminal record test cannot yet be applied to that matter. Department policy says a sponsorship cannot be refused under regulation 1.20KC because a criminal matter for a relevant offence has not been finalised, although the delegate may ask about the expected finalisation date and there is some scope to defer a decision. The firm's guide to a partner visa with pending charges covers that timing problem.

How the Department finds out about the sponsor's record

The Department finds out about a partner visa sponsor significant criminal record mainly through police checks that it requests from the sponsor under regulation 1.20KC(5), together with the sponsor's own answers in the sponsorship form.

The request goes to the sponsor, not the applicant. Policy requires an Australian Federal Police National Police Check for the "Immigration/Citizenship, Australia" purpose from any sponsor who has been present in Australia at any time since turning 16. A foreign police check may be requested for each country where the sponsor has lived for 12 months or more in total since the later of 10 years before the request or the sponsor's 16th birthday. Under policy, delegates are not required to request checks from female sponsors where there are no concerns about the sponsor's character, but the power in regulation 1.20KC(5) applies to every sponsor.

The firm's guides to the partner visa AFP police check and partner visa overseas police certificates explain how those documents are obtained. The police check shows the conviction and usually the sentence. It often does not show enough to answer the partner visa sponsor significant criminal record question accurately. Court records, sentencing remarks and the formal order are often needed to show exactly what was imposed, whether sentences were concurrent or cumulative, and whether any conviction was later quashed.

Working through the regulation 1.20KD scenario table

The Department's policy sets out eleven scenarios that show when a partner visa sponsor significant criminal record exists, and working through them is the most reliable way to apply regulation 1.20KD to a real sentencing record.

The policy table is summarised below. Each line assumes the sentence was imposed for a relevant offence.

ScenarioSignificant criminal record?Sentenced to deathYesSentenced to life in prisonYesSentenced to 12 months or more in prisonYesSentenced to two or more terms of imprisonment totalling 12 months or moreYesSentenced to 12 months or more but released early, serving less than 12 monthsYesTwo or more terms served concurrently, in whole or in part, totalling 12 months or more (for example, two 6-month sentences served concurrently)YesPeriodic detention where the days the sponsor must spend in detention equal 12 months or moreYesConvicted of a relevant offence and ordered into a residential drug rehabilitation scheme or residential program for the mentally ill for 12 months or more in totalYesSentenced to 12 months or more but the sentence is suspendedYesSentenced to 12 months or more but the conviction has been quashed or otherwise nullifiedNoSentenced to 12 months or more but pardoned, and the pardon means the sponsor is taken never to have been convictedNo

The sections below explain each part of the partner visa sponsor significant criminal record table and the questions that usually arise when it is applied.

Death, life imprisonment and a term of 12 months or more

A sentence of death, a sentence of life imprisonment or a single term of imprisonment of 12 months or more for a relevant offence is a partner visa sponsor significant criminal record under regulation 1.20KD(1).

The 12-month figure is a threshold, not a guide. A sentence of exactly 12 months meets it. A sentence of 11 months does not, unless it combines with another term. Sentencing orders are not always written in months, so the order needs to be read carefully. Where a sentence includes a non-parole period, it is the full term of imprisonment imposed that counts, not the non-parole period.

Two or more terms totalling 12 months or more

Two or more terms of imprisonment for relevant offences that total 12 months or more create a partner visa sponsor significant criminal record, even if no single term reaches 12 months.

This limb captures repeated offending. A sponsor sentenced to 4 months for one assault, and later to 8 months for a breach of an apprehended violence order, has two terms totalling 12 months. Each sentence was short. Together they meet the regulation 1.20KD(1) threshold. The terms do not need to have been imposed on the same day or by the same court.

Where a sponsor has terms for a mix of relevant and non-relevant offences, the analysis needs care. The regulation speaks of a significant criminal record "in relation to" the relevant offence, and the sentencing record must be examined to identify which terms were imposed for which offences.

Concurrent sentences

Under Department policy, two or more terms of imprisonment served concurrently, in whole or in part, are added together, so two 6-month sentences served concurrently are treated as a partner visa sponsor significant criminal record.

This is the scenario that surprises most sponsors. A court that orders two 6-month terms to run at the same time has, in practical terms, imposed 6 months in custody. Regulation 1.20KD(2) deals with concurrent sentences, and the Department's policy table states directly that two sentences of 6 months, to be served concurrently, is a significant criminal record. The sponsor may have spent 6 months in prison and still meet the 12-month threshold.

The practical lesson is that the total of the terms imposed must be calculated before advice is given. A sponsor who says "I only did six months" may still have a partner visa sponsor significant criminal record once the sentencing orders are read.

Early release does not matter

A sentence of 12 months or more remains a partner visa sponsor significant criminal record even if the sponsor was released early and served less than 12 months.

Release on parole, remissions and other early release arrangements do not reduce the sentence that was imposed. The policy table lists this scenario expressly. The focus of regulation 1.20KD is the court's sentence, not the length of time actually spent in custody.

Suspended sentences

A suspended sentence of 12 months or more for a relevant offence is a partner visa sponsor significant criminal record, because it is still a sentence to a term of imprisonment.

The Department's policy explains that a suspended sentence generally refers to a case where the court sentences a person to a term of imprisonment and then suspends it, usually on the person entering into a recognisance or undertaking to observe conditions such as good behaviour. The policy states that it is the sentence that is critical, not the time (if any) served. A sponsor who never spent a day in custody can therefore have a partner visa sponsor significant criminal record.

Where a sponsor has a suspended sentence of 12 months or more for a relevant offence, the Minister must refuse to approve the sponsorship under regulation 1.20KC(3), unless the decision maker considers it reasonable to approve it under regulation 1.20KC(4). The issue of a suspended sentence was recorded in 2107808 (Migration) [2024] AATA 4136, a Subclass 309 matter in which the issues recorded were sponsorship requirements, a conviction on a relevant offence and a suspended sentence, that sponsorship may be approved if reasonable to do so, and remorse and no reoffending. The Tribunal remitted the matter to the Department.

Sentencing outcomes that involve no term of imprisonment at all are dealt with in a separate article in this series. This article is limited to sentences of imprisonment and the equivalents set out in regulation 1.20KD.

Periodic detention

Periodic detention is measured by the number of days the sponsor must spend in detention, and a partner visa sponsor significant criminal record exists where those days equal 12 months or more.

Regulation 1.20KD(3) deals with periodic detention. Periodic detention is a sentence served in blocks, for example on weekends, rather than continuously. The calculation looks at the days of actual detention required by the order, not the overall period over which the order runs. An order that runs for two years but requires detention only two days a week may not reach the threshold. The order itself must be read to calculate the days.

Residential drug rehabilitation and residential programs for the mentally ill

A sponsor who is convicted of a relevant offence and ordered to participate in a residential drug rehabilitation scheme, or a residential program for the mentally ill, has a partner visa sponsor significant criminal record if the total number of days the sponsor is required to participate equals 12 months or more.

Regulation 1.20KD(4) treats these residential orders in the same way as imprisonment for the purposes of the threshold. As with periodic detention, the calculation is based on the days the sponsor is required to participate. The court order and any program documents should be obtained so the period can be calculated precisely.

Quashed or nullified convictions and pardons

A conviction that has been quashed or otherwise nullified, or a conviction for which the sponsor has been pardoned and is taken never to have been convicted, is disregarded, so it cannot form part of a partner visa sponsor significant criminal record.

Regulation 1.20KD(5) deals with these situations. A successful appeal against conviction is the usual example of a quashed conviction. The sponsor should obtain the appeal court's order. Where an appeal reduced the sentence rather than quashing the conviction, the reduced sentence is the one to examine. A pardon is disregarded only where its effect is that the sponsor is taken never to have been convicted of the offence. The documents must show that effect.

How the regulation 1.20KD test differs from the substantial criminal record in section 501

The partner visa sponsor significant criminal record test in regulation 1.20KD applies only to the sponsor and only in relation to relevant offences, while the "substantial criminal record" in section 501(7) of the Migration Act 1958 is part of the character test that applies to the visa applicant.

The two tests use a similar sentence-based approach, and both count terms of imprisonment of 12 months or more. That similarity causes confusion. The differences are more important:

• Who is assessed. Regulation 1.20KD looks at the sponsor. Section 501 and public interest criterion 4001 look at the visa applicant.
• Which offences count. The partner visa sponsor significant criminal record test only counts sentences in relation to relevant offences listed in regulation 1.20KC(2). The section 501 test is not limited to that list.
• What follows. A partner visa sponsor significant criminal record leads to refusal of the sponsorship unless approval is reasonable under regulation 1.20KC(4). A substantial criminal record leads to a failed character test and a separate discretion under section 501.

The firm's guides to partner visa character requirements and partner visa section 501 character concerns explain the applicant's character test, and the short answer on whether you can get a partner visa with a criminal record summarises the applicant's position. Where both the applicant and the sponsor have criminal history, both tests must be analysed separately. The article on a partner visa character refusal explains the options where the applicant's own character is the problem.

What happens if the sponsor does not have a significant criminal record?

If the sponsor has been convicted of a relevant offence but does not have a partner visa sponsor significant criminal record, the delegate cannot refuse to approve the sponsorship under regulation 1.20KC(3).

That is not the end of the matter. Department policy says that, with the sponsor's express written consent, delegates should disclose convictions for relevant offences to the visa applicant. The purpose is to let the applicant make an informed decision about continuing with the application. The policy says the Department does not intend to force or coerce the applicant either way. Some applicants withdraw. Others continue with full knowledge.

The consent itself is a visa criterion. Clauses 300.222(2), 309.222(2) and 820.221(4) require the sponsor to consent to the Department disclosing convictions for relevant offences to each applicant. If the sponsor expressly declines consent on the sponsorship form, the criterion cannot be met and the visa will be refused after a section 57 letter, and the details of the convictions are not put to the applicant. If the sponsor leaves the consent question blank, the Department should give the sponsor a chance to consent by letter. Consent given once does not need to be repeated. The firm's article on partner visa undisclosed convictions explains why accurate disclosure from the outset matters.

What happens once a partner visa sponsor significant criminal record is found?

Once the Department is satisfied that the sponsor has been convicted of a relevant offence and has a partner visa sponsor significant criminal record, it must refuse to approve the sponsorship, unless it considers it reasonable to approve the sponsorship under regulation 1.20KC(4).

Sponsorship approval is part of the section 65 decision to grant or refuse the visa. It is not a separate decision, and no separate notice is sent to the sponsor. If the sponsorship is not approved, the visa must be refused. The steps usually follow this order:

• Invitation to the sponsor to comment. If the delegate is satisfied that grounds exist under regulation 1.20KC(3), Department policy says the delegate must invite the sponsor to comment on that adverse information.
• Consideration of reasonableness. The delegate considers whether approval is reasonable, having regard to the matters in regulation 1.20KC(4).
• Interview with the applicant, if approval is likely. If the delegate is inclined to approve, policy says the applicant should be interviewed first.
• Section 57 letter to the applicant, if refusal is likely. Before the visa is refused, the applicant must be invited to comment. The reasons for the failure to approve the sponsorship, meaning the sponsor's convictions, are not put to the applicant and are not stated in the refusal notice.

The firm's short answer on what happens if a partner's sponsorship is refused gives the overview. Its guide to responding to a section 57 natural justice letter and the short answer on what a section 57 natural justice letter is explain the applicant's side of that process. The article on common adverse information in a section 57 letter and the answer on how to respond to a section 57 letter explain how responses are prepared. The difference between a request for information and an invitation to comment is explained in the answer on a section 56 request compared with a section 57 letter.

When is it reasonable to approve despite a partner visa sponsor significant criminal record?

It may be reasonable to approve a sponsorship despite a partner visa sponsor significant criminal record where, having regard to the time since the sentence was completed, the best interests of any children of the sponsor or the primary applicant, the length of the relationship and any other relevant matters, the decision maker considers approval reasonable under regulation 1.20KC(4).

The Department's policy makes an important legal point. To "have regard" to these matters means the decision maker must consider them and show in the decision how they were considered. It does not mean each matter must be met. The policy says it would be an error of law for a delegate to state or imply that a sponsorship was not approved because one of the matters was "not met". The list is also not exhaustive. Other relevant circumstances can be put forward.

Ellis (Migration) [2024] AATA 3411 was a Subclass 820 matter in which the issues recorded were sponsorship approval, a sponsor convicted of a "relevant offence", a "significant criminal record", and whether it was reasonable to approve. The Tribunal remitted the matter to the Department. That is the shape of most review cases on this topic: the partner visa sponsor significant criminal record is not in dispute, and the argument is about reasonableness.

Time since the sentence was completed

The length of time since the sponsor completed the sentence is the first matter in regulation 1.20KC(4), and Department policy says delegates should be cautious about approving solely on this basis if less than 5 years have passed.

The policy gives an example. A sponsor who completed a sentence ten years ago and has had no offences or convictions since may be viewed more favourably than a sponsor with recent offending, because the recent history does not show a pattern of violent or criminal behaviour. The 5-year guideline is policy, not law. It does not prevent approval within 5 years. It means that, within that period, time alone is unlikely to be enough, and other factors need to carry weight.

Where the sponsor is still serving the sentence, the policy says the delegate should record that this factor is not relevant because the sentence has not been completed. A suspended sentence, a parole period or another continuing order may affect when the sentence is treated as completed, and that should be analysed on the documents.

Naureen (Migration) [2024] ARTA 468 was a Subclass 309 matter in which the issues recorded were whether it was reasonable to approve the sponsorship, the sponsor's significant criminal record, the elapse of time since last imprisonment, and limited time spent together because of travel restrictions. The Tribunal remitted the matter to the Department. The recorded issues show the time factor being considered alongside the practical history of the relationship.

The best interests of children

The best interests of any children of the sponsor or the primary applicant, including biological, adopted and step-children, must be considered, and Department policy treats them as a primary consideration in deciding whether approval is reasonable despite a partner visa sponsor significant criminal record.

The policy says the best interests of a child may satisfy the delegate that approval is reasonable even where other factors point the other way, especially where the child is a child of the relationship, because it is generally accepted that a child's best interest is to be with, or have access to, both parents. The delegate must consider the children even if the sponsor does not raise them.

Matters the policy lists include:

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

Court orders that deny the sponsor residence or contact with the child weigh against approval, because a court has already considered the child's interests. The policy also says the best interests of a child are not the only consideration. Where approval may put the applicant or family members at risk of harm, that risk may outweigh the child's interests. The firm's articles on partner visa compelling reasons and Australian citizen children, partner visa stepchildren and partner visa child custody and consent explain related evidence about children.

The length of the relationship

The length of the relationship between the sponsor and the primary applicant must be considered, but Department policy says a long relationship is not automatically enough to approve and a short relationship is not a reason to refuse as a matter of course.

The policy directs attention to all aspects of the relationship, including:

• whether the couple were already in a spouse or de facto relationship when the sponsor committed the offence or received or served the sentence;
• whether the applicant knew the nature and extent of the sponsor's criminal history before the Department disclosed it; and
• the applicant's own reasons for why the sponsorship should be approved.

An applicant who has known about the history for years, has stayed in the relationship and can explain why in their own words is in a different position from an applicant who learns of it from the Department. The firm's guides to the genuine and continuing relationship test and partner visa compelling reasons and length of relationship explain how relationship length is assessed in other parts of the partner visa framework.

Why the applicant is interviewed before approval

If the delegate is inclined to approve a sponsorship despite a partner visa sponsor significant criminal record, Department policy says the applicant should be interviewed before approval, preferably in person and without the sponsor present.

The interview has a protective purpose. Regulation 1.20KC was introduced to strengthen protection for applicants who may be at risk of family violence from a sponsor. The interview allows the delegate to confirm, as far as possible, that the applicant is not being forced, coerced or intimidated into continuing, and to disclose the sponsor's relevant convictions where the sponsor has consented. A telephone interview may be held where a face-to-face interview is not possible or appropriate. Policy also notes the risk where a controlling sponsor is the applicant's authorised recipient, because written responses may then reflect the sponsor's interests.

Applicants should expect questions about what they know of the sponsor's history and why they want to continue. They should answer in their own words. The firm's guides to partner visa interview questions and the partner visa telephone interview explain how interviews generally run. An applicant who feels unsafe should know that the family violence provisions exist for that reason. Anyone in immediate danger should call 000. The firm's page on family violence partner visas and its short answer for applicants with an abusive sponsor explain the options.

Evidence for a reasonableness case

A reasonableness case for a sponsor with a partner visa sponsor significant criminal record is built on documents that show the full sentencing picture, what has happened since, and the real circumstances of the relationship and any children.

The sponsor's comments are the sponsor's own account. The firm presents that account and the supporting evidence in the form the regulation requires. Evidence commonly includes:

• The sentencing record. Court orders, sentencing remarks and any appeal decisions, so the partner visa sponsor significant criminal record is described accurately and any quashed conviction or reduced sentence is shown.
• Completion of the sentence. Documents showing when imprisonment, parole or any other order ended.
• Conduct since. Current police checks showing no further offending, and evidence of rehabilitation such as completed programs, treatment or counselling.
• Remorse and insight. The sponsor's own statement addressing the offending honestly. The recorded issues in 2107808 [2024] AATA 4136 included remorse and no reoffending.
• Children. Evidence of care, support, involvement in schooling and health decisions, and any family court orders.
• The relationship. Evidence of when the relationship began relative to the offending, what the applicant knew and when, and the applicant's own reasons for supporting approval.
• Form 888 statements. Statements from people who know the couple and can speak to the relationship and to the sponsor's conduct over time.

The firm's guides to partner visa relationship evidence, Form 888 statements for a partner visa, the partner visa relationship statement and partner visa commitment evidence explain how relationship material is prepared. Police check timing is covered in the guide to partner visa expired police checks.

Reviewing a refusal based on a partner visa sponsor significant criminal record

A refusal of a Subclass 820, Subclass 309 or Subclass 300 visa because the sponsorship was not approved can generally be reviewed by the Administrative Review Tribunal, and the application for review must be made within 28 days after notification, or 7 days if the applicant is in immigration detention, with no power to extend that time.

Who applies depends on the visa. For a Subclass 820 refusal, the applicant applies. For a Subclass 309 refusal, the visa applicant applies. For a Subclass 300 refusal, the sponsor applies. The Tribunal considers the matter afresh on the evidence before it, so updated police checks, further rehabilitation evidence and fuller evidence about children and the relationship can be provided. The Tribunal reviews the reasonableness question itself.

The firm's pages on partner visa refusals and visa refusals and Tribunal review, and its guides to the partner visa ART review process, partner visa ART evidence and the partner visa ART hearing explain the process. The short answers on challenging a refusal involving sponsorship limitations, giving the Tribunal new evidence and what happens if the Tribunal sends the case back answer common questions. Where a Tribunal decision contains a legal error, judicial review may be available, and the answer on Tribunal review compared with judicial review explains the difference.

Partner visa sponsor significant criminal record advice across Australia

My Migration Lawyers advises sponsors and applicants on a partner visa sponsor significant criminal record wherever they live in Australia or overseas, with consultations held by video.

The firm acts as partner visa lawyers nationally, including as partner visa lawyers in Sydney, Parramatta, Melbourne, Brisbane, Perth and Adelaide. Answers to many related questions are collected in the partner visa questions centre, including whether a lawyer can help where a sponsor has a criminal record and whether a lawyer can help with a sponsorship refusal. The firm's article on a partner visa lawyer for a criminal record and its guide to a partner visa lawyer consultation explain what an initial consultation covers.

How My Migration Lawyers helps with a partner visa sponsor significant criminal record

My Migration Lawyers deals with complex partner visa matters and acts in many cases where the sponsor has a criminal history under regulations 1.20KC and 1.20KD, and the firm is capable of handling a partner visa sponsor significant criminal record from the first assessment through to Tribunal review.

The work is specific to this problem:

• Reading the sentencing record. The firm obtains and reads the court orders, not only the police check, and calculates whether a partner visa sponsor significant criminal record exists, including concurrent terms, suspended sentences, periodic detention and residential orders.
• Identifying relevant offences. The firm assesses whether each conviction falls within regulation 1.20KC(2), including foreign offences described in different terms.
• Checking what is disregarded. The firm confirms whether any conviction has been quashed, nullified or pardoned, and obtains the documents that prove it.
• Advising before lodgement. The firm advises the sponsor and applicant on the likely outcome, the consent to disclose question and the timing of police checks.
• Preparing the sponsor's comments. Where the Department invites comment, the firm prepares submissions addressing each regulation 1.20KC(4) matter, supported by the sponsor's own statement and documents.
• Supporting the applicant. The firm explains the interview process and helps the applicant give their own account, in their own words.
• Review. Where a visa is refused, the firm prepares the Tribunal application, evidence and submissions within the strict time limit.

The firm's Principal Lawyer, Weiwei Zhang, oversees its partner visa practice. More about the firm is on the about page.

If you are a sponsor with a criminal history, or an applicant whose sponsor may have a partner visa sponsor significant criminal record, book a consultation for advice on your sentencing record and your options. You can also call 1300 040 300.