Book Now
Book Now

My partner has a criminal record – can they still sponsor my visa?

When applying for a Partner Visa, a key component of the application is the sponsorship by your Australian Citizen/Permanent Resident partner. As such, there are eligibility considerations that apply to your partner, to help the Australian Government decide whether they are allowed to be a sponsor.

Importantly, if a sponsor has been charged with certain offences this can have implications on their ability to be a sponsor for the application and in some cases, may mean they are not eligible altogether.

Young Couple working on laptop

Relevant Offences and Criminal Record

If the prospective Sponsor has been convicted of a ‘relevant offenceand has a significant criminal record in relation to these kinds of offences, then the sponsorship will be refused.

A relevant offence includes a variety of different charges such as, violence, harassment/stalking, breaches of AVOs, offences involving weapons, and people smuggling and human trafficking offences. A significant criminal record involves sentences of imprisonment for 12 months or more, imprisonment for life and/ or being sentenced to death.

As such, if a prospective sponsor has a ‘significant criminal record’ for an offence that falls within the meaning of a ‘relevant offence’, then the sponsorship must be refused, unless the Minister is satisfied that it is reasonable to approve it instead. If you were to request the Minister approve the application despite this, it would need to be supported by detailed submissions and evidence explaining why it should be approved.

If a prospective sponsor has been convicted of a ‘relevant offence’ but does not have a significant criminal record, the application may not be refused; however, the Australian Government will be required to disclose these matters to the visa applicant partner, and they will need to specifically confirm their awareness of the charges and that they still want to proceed with the application.

Registrable Criminal Offences

If a prospective sponsor has been charged with a registrable offence, and there are applicants under 18 (such as dependent children) included in the application, then the sponsorship application must be refused.

A registrable offence includes certain offences regarding child protection, sex offences and child sex offences.

However, in some situations, the sponsorship application may still be approved. For example, where an offence was a long time ago, the person has not reoffended and there are compelling circumstances. This would require an application to the Minister to approve the application and would need to include supporting evidence and information explaining the above.

What next?

If you think that any of the above could apply to you or your partner, we recommend obtaining legal advice to better understand your position before applying for your Partner Visa. Our team of lawyers have extensive experience in all types of character concerns and the partner visa requirements, and are able to guide you on the process, requirements and the way forward.

If you would like to discuss your current circumstances with one of our team members, please do not hesitate to call us on 1300 245 756. Alternatively, to submit an online enquiry with our office please click here.

Brisbane Office

1300 245 756

50 McDougall Street,
Milton, Brisbane, QLD, 4064

Gold Coast Office

1300 245 756

Levels 5 & 9, Corporate Centre One,
2 Corporate Court,
Bundall, QLD, 4217

Sydney Office

1300 245 756

Level 3,
1 Castlereagh Street,
Sydney, NSW, 2000


Latest Articles and Updates

Student Visa

Changes Outlined in New Migration Strategy Target Australia's Student and Graduate Visa Program

In December 2023, the Australian Government released their Migration Strategy. In particular, the Government has outlined their intention to make significant changes to the Student and Graduate Visa programs, focusing on “strengthening the integrity and quality of international education”. To ensure you protect your migration position, contact our experienced team to guide you through these changes.

Temporary Skill Shortage Visas

Navigating The Australian Work Landscape: Temporary Skill Shortage Visas Explained

Unlock the potential of Australia's job market with the Temporary Skill Shortage Visa - Subclass 482. Introduced in 2018, the TSS visa bridges Australia's skill gap, providing a pathway for skilled professionals to realise their career aspirations. It addresses short- and medium-term needs with three distinct streams catering to varying employment durations. However, the journey requires navigating specific requirements, from employer sponsorships to applicant criteria. Fortunately, All Access Migration team offers expert guidance. Whether you're an employer or a potential employee, delve into the intricacies of this visa with us and turn your Australian work dreams into reality.

Regional Visa

Navigating The Path To Regional Visas: Your Gateway To A Life In Regional Australia

Explore the world of regional visas, including the Skilled Work Regional (Provisional) Visa (Subclass 491) and Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494). Discover a life rich with opportunities in the heart of regional Australia! Whether you're drawn to its serene landscapes or thriving communities, there's a path tailored for you. With distinct visa options offering a chance to live, work, and study amidst Australia's hidden gems, with an employer, or state to sponsor you, the dream is closer than you think. Under the expert guidance of All Access Migration, the visa options become clear and achievable.


Designated Area Migration Agreement (DAMA): Paving The Way For Skilled Workers And Australian Businesses

Designated Area Migration Agreements (DAMAs) significantly evolved Australia's skilled migration framework, offering a dynamic two-tiered system tailored to regional needs. Diverging from traditional migration pathways, DAMAs permit regions to source a broader range of overseas talent. A foundational five-year "head agreement" with regional representatives is at the helm. This paves the way for tier two: individual labour agreements with employers, aligning with the head agreement's stipulations. While 12 DAMAs currently operate, each mirrors its region's unique necessities. While the process might seem intricate, advisors like All Access Migration ensure a streamlined experience for businesses eager to tap into this option.

Healthcare Worker

Queensland Government's Workforce Attraction Scheme Recognises Interstate and International Healthcare Heroes

Discover Queensland Government's groundbreaking initiative revolutionising healthcare by attracting skilled workforce. Addressing critical shortages, the government offers appealing incentives to healthcare workers across Australia and abroad. Count on All Access Migration for seamless support during relocation and immigration process. Enjoy benefits of up to $20,000 for joining Queensland Health and up to $70,000 for rural doctors. These incentives transform healthcare, ensuring top-notch services for all Queensland residents.


Update: The Australian Government Announces Temporary Skilled Migration Income Threshold Increase

As a result of an independent review, the Australian government has decided to raise the Temporary Skilled Migration Income Threshold (TSMIT) from $53,900 to $70,000 effective from 1 July 2023. This alteration will impact companies that sponsor foreign workers under skilled migration programs, as they must comply with the minimum salary requirement to guarantee that migrant workers receive equitable pay. The government's choice reflects their dedication to fairness within the skilled migration system.

New Zealanders

Direct Pathway to Australian Citizenship for New Zealanders

The Australian Government has introduced a direct pathway to Australian citizenship for eligible New Zealand citizens living in Australia, which marks a significant change in the migration policy between the two nations. This move is expected to make access to Australian citizenship much more manageable for New Zealanders living in Australia, and it is set to take effect from 1 July 2023. The article emphasises the significance of this policy shift and its impact on the lives of New Zealanders living in Australia.

TPD Claim

Overhaul Needed For Skilled Migration System To Address Labour Shortages

Australia’s skilled migration system is facing a significant challenge for addressing the country's skill shortage and labour crisis. However, the mandatory job advertisement requirement for employers recruiting skilled migrants has hindered the system's success, as recently pointed out by a review conducted by Martin Parkinson, Joanna Howe, and John Azarias. Removing this requirement could significantly improve the system's efficiency and effectiveness. Furthermore, the visa system's outdated policies have led to the exploitation of temporary migrants by unscrupulous employers, creating a vulnerable group that needs protection.