Why the sponsor’s record matters
For partner visas (subclasses 820/801 and 309/100) and the Prospective Marriage visa (subclass 300), the Department assesses the sponsor as well as the applicant. If the sponsorship is not approved, the visa cannot be granted. The Department can ask the sponsor for police checks, and may refuse the sponsorship if they are not provided within a reasonable time.
Offences involving violence and similar matters
The sponsorship must be refused if the sponsor has been convicted of a relevant offence, in Australia or overseas, and has a significant criminal record for it. Relevant offences involve:
- violence against a person, including murder, assault, sexual assault and threats of violence;
- harassment, molestation, intimidation or stalking;
- breach of an apprehended violence order or a similar order;
- firearms or other dangerous weapons;
- people smuggling;
- human trafficking, slavery or slavery-like practices (including forced marriage), kidnapping or unlawful confinement; or
- attempting, or helping someone, to commit any of these offences.
What is a significant criminal record?
For these rules, a sponsor has a significant criminal record for a relevant offence if they were sentenced to:
- death or life imprisonment;
- a term of imprisonment of 12 months or more; or
- two or more terms of imprisonment that total 12 months or more.
Concurrent sentences are counted in full. Periodic detention, and court-ordered participation in a residential drug rehabilitation scheme or a residential program for the mentally ill, count as imprisonment for the days required. A conviction that has been quashed is disregarded, as is a conviction for which the sponsor has been pardoned and is taken never to have been convicted.
When the sponsorship can still be approved
Even when the rule applies, the sponsorship can be approved if the decision-maker considers it reasonable, having regard to matters including:
- how long ago the sponsor completed the sentence;
- the best interests of the sponsor’s children and of the applicant’s children; and
- the length of the relationship between the sponsor and the applicant.
A submission addressing these matters, supported by evidence, is important in these cases.
Offences involving children
Stricter rules apply where an applicant is under 18. If the sponsor has been charged with or convicted of a registrable offence (an offence that requires registration under child sex offender registration laws, or an equivalent offence), the sponsorship must generally be refused. Limited exceptions apply, for example where no applicant is under 18 when the sponsorship is decided, or where a charge is withdrawn or dismissed without a conviction. For a conviction, the sponsorship may be approved only in limited circumstances, including that the sentence was completed more than 5 years before the sponsorship application, there have been no charges since, and there are compelling circumstances.
Other rules for sponsors
There are also limits on how often a person can sponsor a partner. See partner visas. If the criminal record is the applicant’s rather than the sponsor’s, see character submissions.
How we help
- Assessment: we review the sponsor’s record and court documents against these rules before anything is lodged.
- Strategy: we advise on the options, including timing, where the rules apply.
- Submissions: where the sponsorship can still be approved, we prepare a submission addressing the matters the decision-maker must consider.
Frequently asked questions
Do overseas convictions count?
Yes. Relevant offences include offences against the law of a foreign country.
Does any conviction stop me sponsoring my partner?
No. The mandatory refusal applies to relevant offences where the sponsor has a significant criminal record, and to registrable offences where an applicant is under 18. Every record should still be checked before you apply.
Will the Department check the sponsor’s police record?
The Department can ask the sponsor for police checks, and may refuse the sponsorship if they are not provided within a reasonable time.
Talk to a Registered Migration Agent
A partner visa strategy session with Tatsiana Pustavoit (MARN 1800880) gives you a clear pathway, the risks to address and the next steps. Consultations are held online via Microsoft Teams or by phone. Only the Department of Home Affairs can decide a visa application, and no registered migration agent or lawyer can guarantee an outcome.