Can I Get a Partner Visa With a Criminal Record?

Does a criminal record mean my partner visa will be refused?

A criminal record does not mean a partner visa will be refused, because the Department must first decide whether the applicant fails the character test and then decide whether to exercise its discretion to refuse. Many minor offences, such as a single low-range traffic offence dealt with by a fine, do not lead to a character concern at all. More serious or repeated offending requires careful preparation. Our article on a partner visa with a criminal record explains how records are assessed.

What is a substantial criminal record?

A substantial criminal record under section 501(7) includes a sentence of death or life imprisonment, a sentence of imprisonment of 12 months or more, or two or more terms of imprisonment totalling 12 months or more. Suspended sentences count as terms of imprisonment. A person with a substantial criminal record does not pass the character test, although the Department still decides whether to refuse. Our article on partner visa and section 501 explains the other grounds of the test.

Do overseas and old convictions count?

Overseas and old convictions count, because the character test applies to convictions anywhere in the world and has no general time limit. Police certificates are usually required from Australia and from other countries where the applicant has lived. Convictions treated as spent under Australian spent conviction laws are generally still relevant for visa purposes and should be disclosed when asked. Our articles on partner visa overseas convictions and drink driving explain common situations.

What does the Department consider before refusing on character grounds?

Before refusing on character grounds, the Department considers the matters in the ministerial direction made under section 499, which include the protection of the Australian community, family violence, the strength of the applicant's ties to Australia and the best interests of minor children in Australia. A genuine relationship with an Australian citizen or permanent resident, and the effect of refusal on the Australian partner, are relevant. Evidence of rehabilitation should be specific and independent. Our article on partner visa character requirements explains the factors in more detail.

What happens if I receive a notice about my character?

If an applicant receives a notice about their character, the Department is usually inviting a response before it decides whether to refuse, and the time to respond is short. The response should address every matter in the notice with evidence, including court documents, references, treatment or program records and statements about the family. Whether a later refusal can be reviewed, and how quickly, depends on how the decision is made. Our article on partner visa character refusal explains what follows a refusal.

How does My Migration Lawyers prepare a partner visa with a criminal record?

My Migration Lawyers gathers the court records and police certificates before lodgement, so the firm can assess the record against section 501 rather than discovering it during processing. The firm then prepares a disclosure and a character submission that address the offending, rehabilitation and the Australian family, and responds to any notice from the Department on time. Applicants can speak with our partner visa lawyers before they lodge.