Can I Get a Partner Visa If My Sponsor Has a Criminal Record?

Does my sponsor's criminal record stop my partner visa?

A sponsor's criminal record does not stop a partner visa in most cases, because the Department can refuse the sponsorship under regulation 1.20KC only where two conditions are both met: the sponsor has been convicted of a relevant offence, and the sponsor has a significant criminal record in relation to it. A conviction for a relevant offence without a significant criminal record is not enough. A charge that a court has not yet decided cannot by itself be the basis for refusing the sponsorship under regulation 1.20KC, although the Department may choose to wait for the outcome before deciding. Our article on partner visa sponsorship limitations explains how the sponsor is assessed.

What counts as a significant criminal record for a sponsor?

A significant criminal record for a sponsor means a sentence of death, life imprisonment, imprisonment for 12 months or more, or two or more terms of imprisonment totalling 12 months or more, as set out in regulation 1.20KD. The regulation also explains how concurrent sentences, periodic detention and pardons are treated. A good behaviour bond without a recorded conviction does not count. The firm's page on partner visa sponsorship limitations sets out the wider sponsor rules.

Will my sponsor need a police check?

A sponsor may need a police check, because the Department can ask sponsors of Subclass 300, 309 and 820 applicants for police certificates to assess the sponsorship. The Department requests these from the sponsor directly unless the sponsor has appointed their own representative. Where children are included, police checks are usually part of the process. Our article on the partner visa AFP police check explains how Australian police certificates are obtained.

Will the Department tell me about my sponsor's convictions?

The Department may tell the applicant about the sponsor's convictions for relevant offences, because the sponsor must consent to that disclosure for the sponsorship to proceed. The disclosure is intended to protect applicants by allowing them to make informed decisions. Convictions for offences outside the relevant category are not disclosed under this process. Applicants who have concerns about their safety can read our page on the partner visa family violence provisions.

What if children are included in the application?

If children under 18 are included in the application, regulation 1.20KB applies and the Department must generally refuse the sponsorship where the sponsor has a conviction, or an unresolved charge, for a registrable offence, such as a child sexual offence. This rule is stricter than regulation 1.20KC because it is designed to protect children. Our article on partner visa character requirements explains how character issues affect the wider application.

How does My Migration Lawyers assess a sponsor with a criminal record?

My Migration Lawyers obtains the sponsor's court records and police certificates before lodgement and tests each conviction against the relevant offence and significant criminal record definitions, rather than assuming the worst. Where a refusal risk exists, the firm prepares submissions on the sponsor's rehabilitation and the relationship, and advises the couple on disclosure so that nothing surprises the applicant later. Couples unsure how a sponsor's history will be treated can ask our partner visa lawyers for an assessment.