A partner visa sponsor must meet specific character requirements set by the Australian Government. These checks are designed to protect visa applicants and ensure sponsors do not have serious criminal histories that could pose a risk to their partner.
Key takeaways
- Partner visa sponsors must pass character checks before they can sponsor someone for a visa.
- The Department of Home Affairs reviews criminal history, including certain convictions involving violence.
- Sponsors may need to provide police checks as part of the application process.
- Some serious convictions may prevent someone from sponsoring a partner visa.
- A registered migration agent can help assess risks before lodging a Partner Visa application.
Why does the government check a sponsor’s character?
Australia introduced stricter character requirements for partner visa sponsors to help protect visa applicants from family violence and exploitation.
When someone sponsors a partner visa, the Department of Home Affairs may review the sponsor’s criminal history to determine whether they are suitable to sponsor a visa applicant.
The checks are designed to identify convictions involving offences such as:
- violence against a person
- family or domestic violence
- sexual offences
- child-related offences
These requirements apply whether the visa applicant applies onshore or offshore through visas such as the Subclass 820 Partner Visa or the Subclass 309 Temporary Partner Visa.
Do partner visa sponsors need a police check?
In all cases, yes.
The Department of Home Affairs may request police clearances to confirm whether the sponsor has any criminal history. These checks may include:
- Australian Federal Police checks
- state or territory police records
- overseas police certificates if the sponsor lived abroad
The information is used to determine whether the sponsor meets the character requirements under Australian migration law.
What convictions can affect a partner visa sponsorship?
Certain convictions may affect a person’s ability to sponsor a partner visa.
The Department of Home Affairs pays particular attention to convictions involving:
- family violence
- sexual offences
- violent crimes
- offences against children
In some situations, the sponsor may still be able to proceed if they can demonstrate that the relationship is genuine and that the applicant understands the sponsor’s history.
However, each case is assessed individually and additional information may be required.
What if a sponsor has a criminal record?
Having a criminal record does not automatically mean a partner visa application will be refused.
The Department of Home Affairs may consider:
- the nature of the offence
- how long ago it occurred
- the seriousness of the conviction
- whether there have been multiple offences
In some cases, the visa applicant may also be informed of the sponsor’s convictions so they can make an informed decision about continuing the relationship.
Because these cases can be complex, it is important to obtain advice before lodging a visa application.
Can a migration agent help with sponsor character concerns?
Yes. If a sponsor has a criminal history, it is often helpful to assess the situation before submitting a visa application.
A registered migration agent can:
- review the sponsor’s criminal history
- explain how the Department of Home Affairs may assess the case
- identify potential risks before lodging
- prepare supporting documents where required
This can help ensure the application is properly prepared and reduce the likelihood of delays or complications.
Understanding sponsor character requirements
Character requirements are an important part of the partner visa sponsorship process. The Department of Home Affairs may review a sponsor’s criminal history to ensure visa applicants are protected and informed.
If you are unsure how character requirements may affect your application, it is best to seek advice before lodging.
Hansen Migration provides guidance on the partner visa process and can help assess your situation before submitting an application.Learn more about the process on the Partner Visa service page or book a free consultation with the Hansen Migration team to discuss your circumstances.
