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Character Requirements for Partner Visa

Key facts: character and partner visas

  • Both you and your sponsor are assessed on character
  • Your sponsor’s sponsorship can be refused if they have a significant criminal record for a relevant offence, such as violence, stalking or breach of an AVO
  • You (the applicant) must pass the character test in section 501 of the Migration Act
  • Police certificates are needed for you and, in most cases, your sponsor
  • A refusal can often be reviewed by the Administrative Review Tribunal (ART)

For an Australian Partner visa, both the applicant and sponsor need to meet certain Character requirements. We have summarised these requirements below:

Sponsor

In an effort to reduce violence in the Australian community, the government introduced laws which allow the department to refuse a sponsorship applications for a Partner Visa if the sponsor has a ‘significant criminal record’ in relation to ‘relevant offences’.

Relevant offences include the following:

  • Violence against a person, including (without limitation) 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
  • Firearms or other dangerous weapons
  • People smuggling
  • Human trafficking
  • Attempting to commit an offence involving any of the matters mentioned above or below
  • Aiding, abetting, counselling or procuring these offences.

Significant criminal record is defined as:

If a person has been sentenced to:

  • Death;
  • Imprisonment for life;
  • A term of imprisonment of 12 months or more, or
  • 2 or more terms of imprisonment, where the total of those terms is 12 months or more.

If a person is sentenced to serve the 2 or more prison terms concurrently, where the total period is 12 months or more, it is a significant criminal record.

Conviction that has been quashed or pardoned would be disregarded.

Possible Exemptions

However, despite the above, a sponsorship application may be approved if it is reasonable to do so having regard to the following:

  • The length of time since the sponsor completed the sentence for the relevant offence
  • The best interests of any children of the sponsor/and or any children of the visa applicant
  • The length of the relationship between the sponsor and the primary visa applicant
Partner Visa Eligibility Tool
Applicant

A partner visa application may be refused if the applicant fails to meet the character requirements.

A person would not pass the test if:

  • The applicant has a substantial criminal record (same definition as for the Sponsor)
  • The applicant has been convicted of crimes while in immigration detention
  • The applicant is a member of group or association that has been involved in criminal conduct
  • The applicant is suspected to have been involved in
    • people smuggling
    • human trafficking
    • Genocide
    • Crimes against humanity
    • War crimes
    • Torture or slavery
    • Or a crime that is otherwise of serious international concern
  • Having regard to the applicant past and present criminal and general conduct, the applicant is not of a good character
  • There is a risk that the applicant engages in
    • criminal conduct
    • harass, molest, intimidate or stalk another person in Australia
    • vilify a segment of the Australian community
    • incite discord in the Australian community
    • represent a danger to the Australian community
  • The applicant is convicted of sexually based offences involving a child
  • The applicant is charged with:
    • crime of genocide
    • crime against humanity
    • war crime
    • crime involving torture or slavery
    • crime of that is otherwise of serious international concern
  • The applicant is assessed by ASIO to be directly or indirectly a risk to Australian security
  • The applicant is subject to Interpol notice, and there is a risk to the Australian community.

However, in some circumstances the application may still be granted, having regard to:

  • The protection of the Australian community from criminal or other serious conduct
  • The best interest of minor children in Australia
  • Expectations of the Australian Community

Other considerations include:

  • International non-refoulment obligations
  • Impact on family members
  • Impact on victims
  • Impact on Australian business interests

Related guides

Sponsor and applicant checks compared

Sponsor Applicant
Main test No significant criminal record for a relevant offence (Migration Regulations) Character test in section 501 of the Migration Act
What counts most Violence, harassment or stalking, AVO breaches, weapons, people smuggling, human trafficking Substantial criminal record, association with criminal groups, serious international crimes, risk to the community, child sexual offences
Evidence usually asked for Australian Federal Police check, and sometimes overseas police certificates Police certificates from each country where you lived 12 months or more in the last 10 years since turning 16
Discretion Sponsorship may still be approved having regard to time since the sentence, children’s best interests and the length of the relationship Visa may still be granted having regard to community protection, best interests of children, family impact and other factors

What to do if you or your sponsor has a criminal record

  1. Get your records early: court documents, sentencing remarks and police certificates.
  2. Declare everything in the application. Non-disclosure is treated far more seriously than an old conviction.
  3. Gather evidence of rehabilitation: references, completed programs, employment and community ties.
  4. Show the impact on family, especially any Australian children, if the application were refused.
  5. Get advice before lodging. A registered migration agent or immigration lawyer can assess the risk and prepare submissions.

Sponsors are also limited in how many partners they can sponsor; see limitation on partner visa sponsorships.


Partner visa character FAQs

Often yes. Only a significant criminal record for a relevant offence (such as violence or AVO breaches) can lead to sponsorship refusal, and even then the Department can approve the sponsorship having regard to time passed, children and the length of your relationship.

Not automatically. Minor offences do not usually mean you fail the character test, but they must be declared and may be considered in your overall conduct.

Usually an Australian police check if you have lived in Australia, plus certificates from every country where you lived for 12 months or more in the last 10 years since turning 16. The Department will tell you when to provide them.

Depending on the decision, you may be able to apply to the Administrative Review Tribunal (ART), which replaced the AAT on 14 October 2024. Time limits are strict. See visa refusal appeals.

A conviction that has been quashed or pardoned is disregarded. Spent convictions must generally still be declared in immigration applications. Get advice on your situation.

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