Partner Visa Sponsors With a Criminal Record: What the Department Checks

Most people know the applicant must meet character requirements. Fewer know the sponsor can also be assessed, especially where children are part of the application. Here is how a sponsor’s criminal record is treated.

When the sponsor’s character matters

The Department’s instructions say a partner sponsor’s character is generally not relevant to approving the sponsorship. The exceptions are where children under 18 are included in the application, where the sponsor is an eligible New Zealand citizen, and the disclosure requirements below.

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Protecting children

This rule is strict. Under regulation 1.20KB, if an applicant is under 18, the sponsorship must be refused if the sponsor has a conviction, or an outstanding charge, for a child sex offence or another serious offence that indicates a risk to a child. It does not apply if no applicant is under 18 at the time of the sponsorship decision, or if the charge was withdrawn or dismissed without a conviction. Sponsors in these cases must provide Australian police checks, and overseas checks where needed.

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Consent to disclosure

At the time of decision, the sponsor must have consented to the Department disclosing to each applicant any conviction for a relevant offence. Convictions that have been quashed or pardoned are disregarded. This gives the applicant the chance to know about a sponsor’s relevant history before the visa is granted.

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Other discretionary refusals

The regulations also give the Department a discretion to refuse a sponsorship where the sponsor has been convicted of a relevant offence and has a significant criminal record. How this is applied depends on the facts, so get advice if you have any convictions.

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New Zealand citizen sponsors

An eligible New Zealand citizen sponsor must show they would have met character requirements when they last entered Australia, so current police checks are usually requested with the sponsorship. See who can sponsor a partner visa.

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The applicant’s character

Separately, the applicant and family members must meet character requirements at both stages. See character requirements for partner visas.

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What you should do now

• Disclose honestly: declare all convictions and charges in the sponsorship form.
• Organise police checks early: if children are included, obtain Australian and any overseas police checks.
• Check outstanding charges: if you have a charge before the courts, get advice before lodging.
• Talk to your partner: be ready for your partner to be told about relevant convictions.