Embarking on the journey of obtaining a Partner Visa in Australia comes with its share of challenges, especially when it involves sponsors with a criminal record. The cornerstone of this process is the ‘Sponsorship for a Partner to Migrate to Australia’, commonly known as Partner Sponsorship. Without this approval from the Department of Home Affairs, securing a Partner Visa becomes an uphill battle.
The Character Requirement within the Partner Sponsorship framework poses a significant hurdle for many applicants. If your partner has a criminal record, whether in Australia or oversea, it could jeopardise the entire application process.
Character Requirements for Partner Sponsorship
Understanding the Character Requirements is crucial. The Department of Home Affairs may reject a Partner Sponsorship if your partner has a ‘substantial criminal record’ for conviction/s of a ‘relevant offence’ or has conviction/s for a ‘registrable offence’.
A significant criminal record is a means a record where a person has been:
- sentenced to a term of imprisonment of 12 months or more; or
- sentenced to 2 or more terms of imprisonment, where the total of those terms is 12 months or more.
A relevant offence is a legal offence, either in Australia or overseas, involving:
- violence, including murder, assault, sexual assault or the threat of violence;
- harassment, molestation, intimidation or stalking;
- the breach of an apprehended violence or similar order;
- firearms or other dangerous weapons;
- people smuggling;
- human trafficking, slavery or slavery-like practices (including forced marriage), kidnapping or unlawful confinement;
- attempting to commit any of these offences; or,
- aiding, abetting, counselling or procuring such offences.
However, there are exceptions if your partner has a ‘substantial criminal record’ for conviction/s of a ‘relevant offence’. The Department of Home Affairs may still approve the Partner Sponsorship where they deem it is reasonable to do so having regard to the time elapsed since completing the sentence/s, reoffending of similar offences, impact on the community safety or interest, the welfare of any children involved, and the duration of the relationship between the sponsor and the visa applicant.
A registrable offence is a legal offence against a child of a violent or sexual nature that would lead to registration on the Australian National Child Offender Register. Registrable offences present additional complications, in particular if there are dependent children involved in the Partner Visa. Exceptions may apply if there are no dependent children involved or if compelling circumstances warrant additional consideration.
Seeking Professional Advice
Seeking immigration legal advice is crucial for a thorough understanding of your options. Partner Visa applications demand attention to detail, especially when dealing with character concerns. Consulting with experienced immigration lawyers can streamline the process, mitigate risks, and pave the way for a successful outcome.
If you’re grappling with concerns regarding your partner’s criminal record, don’t hesitate to reach out to Stone Group Lawyers. Our immigration lawyers, partnering with experienced professionals including leading forensic psychologists, can provide tailored guidance, assess your options, and navigate you through the complexities of the Partner Visa journey, contact Stone Group Lawyers today to book an initial consultation.
The above article published by Stone Group Lawyers is intended as general information only and is not legal advice on any subject matter. By viewing the above article, the reader understands there is no solicitor-client relationship between the reader and the article published. The above article should not be used as a substitute for legal advice from a legal practitioner, and readers are urged to consult Stone Group Lawyers on any legal queries concerning a specific situation.