Partner Visa Character Requirements (Part 2): What Applicants Need to Know

Partner visa applicants must satisfy the character test set out in section 501 of the Migration Act 1958.

If you do not pass the character test, the Department may:

• Refuse your visa application, or

• Cancel your visa — even after it has been granted

Yes, cancellation can happen after grant if circumstances change.

That’s why honesty and preparation are critical.

You may fail the character test if:

• You have a substantial criminal record (for example, a sentence of 12 months or more imprisonment)

• You have been convicted of sexually based offences involving children

• You have been involved in people smuggling, trafficking, slavery, genocide or war crimes — even without a formal conviction

• You are considered a risk to the Australian community

• You are subject to an Interpol notice or an adverse ASIO security assessment

• You have been charged or convicted of domestic violence offences or been subject to a domestic violence order

The Department looks beyond just convictions. They assess overall conduct and risk.

In some serious cases, the Department must cancel a visa.

Mandatory cancellation may apply if you:

• Have been sentenced to death, life imprisonment, or 12 months or more imprisonment

• Have been convicted of a sexually based offence involving a child

• Have had a charge proven for a sexually based offence involving a child, even if discharged without conviction

If mandatory cancellation occurs, you typically have 28 days to request revocation.

If revocation is successful, your visa can be reinstated.

These matters are complex and time-sensitive.

To assess your character, the Department will require:

• Full disclosure of criminal charges or convictions in your visa application and Form 80

• Police certificates from every country you have lived in for 12 months or more in the last 10 years

• Military service records (if applicable)

Complete honesty is essential.

Providing false or misleading information can lead to refusal or cancellation — even years later.

Failing the character test does not automatically end your chances.

The Department must consider broader balancing factors under Ministerial Direction 110.

These include:

• The expectation that visa holders respect Australian law

• Protection of the Australian community

• The best interests of children under 18 in Australia

• Any history of family violence

• The strength and duration of your ties to Australia

• The impact on your family

• Australia’s international obligations

• The broader public interest

These considerations do not guarantee approval — but they can influence the outcome.

Strong submissions and supporting evidence matter greatly at this stage.

If your Partner visa is refused on character grounds, there may still be options.

You may:

1. Apply for merits review at the Administrative Review Tribunal (ART)

2. Seek judicial review at the Federal Court of Australia (if legal error occurred)

3. Request Ministerial intervention in exceptional circumstances

In some cases, a refusal may also trigger a section 48 bar, limiting further onshore applications.

Early advice is extremely important in these situations.

The character test is serious — but it is not always black and white.

Every case depends on:

• The nature of the offence

• The sentence imposed

• The time elapsed

• Evidence of rehabilitation

• Family circumstances

• Impact on children

Having a past conviction does not automatically mean refusal.

But preparation, honesty, and proper legal assessment are critical.

If you’re concerned about your history or unsure how it may impact your Partner visa, don’t wait until after lodgement.

In a free 15-minute consultation, we can:

• Assess whether you meet the character test

• Identify risks before you apply

• Review whether balancing factors may assist your case

• Discuss next steps clearly and calmly

👉 Book here: https://aivs.com.au/contact-us/

You’re not alone in this. The right advice early can make all the difference.