Can a Lawyer Help With a Partner Visa If I Have Character Issues?

What character issues affect a partner visa?

The character issues that affect a partner visa include criminal convictions in Australia or overseas, pending charges, association with criminal groups, past conduct that suggests a risk to the community, and immigration history such as breaches of visa conditions. The most common trigger is a substantial criminal record, which includes a sentence of imprisonment of 12 months or more. Our article on partner visa character requirements explains the test.

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

A criminal record does not mean a partner visa will automatically be refused. Where the character test is not met, the decision-maker has a discretion and must weigh the considerations in the ministerial direction that governs character decisions, including the protection of the Australian community, the strength of the applicant's ties to Australia, the best interests of any children and the impact on the Australian partner. Our article on the partner visa with a criminal record explains how these factors are weighed.

Do I need to disclose every offence?

An applicant should disclose every offence the application form asks about, including spent and overseas convictions where the question covers them. Police certificates will usually reveal the record in any case, and failing to disclose can lead to a separate problem under PIC 4020 for giving false or misleading information. Disclosure should be complete, accurate and consistent with court documents. Our article on partner visa pending charges covers charges that have not yet been decided.

What happens if the Department proposes a character refusal?

If the Department proposes a character refusal, it usually sends a notice of intention to consider refusal under section 501 and invites the applicant to respond within a short time. The response is the main chance to put evidence of rehabilitation, family ties and the effect of refusal on the Australian partner and any children. Our article on partner visa section 501 explains the process, and our article on partner visa character refusals explains what can follow a refusal.

Do overseas convictions count?

Overseas convictions count for the character test in the same way as Australian convictions, and the Department will usually ask for police certificates from each country where the applicant lived for a significant period. Offences that are minor overseas may still be relevant, and records may need certified translations. Where a police certificate is difficult to obtain from a particular country, the applicant should keep evidence of every attempt to get it and tell the Department promptly, rather than letting a request lapse. Our article on partner visa overseas convictions explains how they are assessed.

How does My Migration Lawyers handle partner visas with character issues?

My Migration Lawyers obtains the court records and police certificates before lodgement so the disclosure in the application matches the official record exactly. The firm prepares a character submission with references, evidence of rehabilitation and evidence of the Australian partner's reliance on the relationship, and responds to any notice of intention to consider refusal within the deadline. Couples can raise their concerns in confidence with our partner visa lawyers, or read about the firm's refusal work.