Partner Visa Character Requirements (Part 1): What Sponsors Need to Know

Character requirements are set out under section 501 of the Migration Act 1958.

In simple terms, the Australian Government wants to ensure that both:

• The visa applicant, and

• The sponsor

are of good character and do not pose a risk to the Australian community.

The Department of Home Affairs may consider:

• Criminal history (in Australia and overseas)

• Associations with criminal organisations

• Serious past conduct

If a person does not meet the character test, the visa or sponsorship may be refused.

Since changes introduced in 2016, Partner visa sponsors must:

• Provide Australian police checks (and overseas police checks if requested)

• Provide written consent allowing the Department to disclose certain serious convictions to the visa applicant

If a sponsor:

• Has a significant criminal record for relevant offences

• Refuses to provide police clearances

• Refuses to consent to disclosure

the sponsorship may not be approved.

Importantly, if a conviction has been quashed, pardoned, or legally cancelled, it will not be disclosed to the applicant.

Under the Migration Regulations, relevant offences include serious matters such as:

• Violence (including assault or sexual assault)

• Threats of violence

• Harassment, stalking, or intimidation

• Breaches of apprehended violence orders (AVOs)

• Firearms or dangerous weapons offences

• People smuggling, trafficking, slavery, forced marriage

• Attempts, aiding or abetting these offences

These are taken very seriously in the context of Partner visa sponsorship.

A sponsor has a significant criminal record if they have been sentenced to:

• Death

• Life imprisonment

• 12 months or more imprisonment

• Multiple sentences totalling 12 months or more (even if served at the same time)

If a sponsor has both:

• A relevant offence, and

• A significant criminal record

the sponsorship must generally be refused — unless the Department decides it is reasonable not to refuse.

In limited cases, the Department may decide it is reasonable not to refuse sponsorship.

Factors considered include:

• How long ago the sentence was completed

• Whether refusing the visa would negatively impact children involved

• The length and genuineness of the relationship

Each case is assessed individually.

This is not automatic — strong supporting evidence and legal submissions are often required.

There are stricter rules if a child is included in the application.

If the sponsoring partner has been charged with a registrable child offence, they generally cannot sponsor a child — unless very compelling circumstances exist.

Registrable offences include serious offences against children involving:

• Violence

• Sexual misconduct

Even overseas offences may be considered if they would be classified as registrable under Australian law.

In rare cases, sponsorship may still be approved if:

• The sentence was completed at least 5 years ago

• There have been no further registrable offences

• There are compelling circumstances affecting the child

These situations are complex and require careful legal assessment.

First — don’t panic.

Not all criminal records automatically prevent sponsorship.

The key questions are:

• Is the offence considered a “relevant offence”?

• Does it meet the “significant criminal record” threshold?

• Do exemptions apply?

• What evidence is needed to support your case?

These are technical legal questions, and early advice is extremely important.

Character requirements for sponsors are strict and often misunderstood.

Even long-past convictions can affect eligibility.

If you’re sponsoring your partner and have any criminal history — even if you think it’s minor — it’s important to assess the situation before lodging.

In Part 2 of this series, we’ll cover character requirements for visa applicants — including what can lead to a visa refusal and what options may be available

If you’re unsure how your history may impact sponsorship, book a free 15-minute consultation.

We can help you:

• Assess whether the offence is considered relevant

• Determine if it meets the significant criminal record threshold

• Review whether exemptions may apply

• Identify what documents or legal arguments may be required

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

You don’t have to navigate this alone. Getting advice early can make all the difference.