Sponsors with Criminal Conviction | Can My Partner Sponsor My Partner Visa?
The Migration Regulations 1994 (Cth) include specific limitations regarding sponsorship for certain visas when a sponsor has been convicted of relevant offences. This summary covers the key points related to these limitations, particularly under regulation 1.20KC.
Which visas are subject to these Sponsorship limitations?
The sponsorship limitations apply to the following visas:
Are there any declarations and disclosure requirements For the Sponsor?
Sponsors must provide the Department of Home Affairs with:
An Australian National Police Check (Complete Disclosure – All recorded offences released)
Foreign police clearances, if applicable
The Department can refuse sponsorship if these checks are not provided.
When does the sponsorship limitation take effect?
Not every conviction triggers the partner visa sponsorship limitation; the sponsor’s conviction must meet two character criteria:
Relevant: The offence must fall under specific categories;
A relevant offence includes:
Violence against a person (e.g., murder, assault)
Harassment, intimidation, or stalking
Breaches of apprehended violence orders
Firearms or dangerous weapons offences
People smuggling or human trafficking
Attempting to commit any of the above offences
Aiding or abetting the commission of the above offences
Convictions for non-violent crimes (e.g., driving offences) are generally irrelevant.
Significant: The offence must meet the threshold for a significant criminal record.
If a sponsor's conviction is deemed 'relevant,' the decision-maker will assess whether it is 'significant.'
A significant criminal record is defined as:
A sentence of death
Imprisonment for life
A term of imprisonment of 12 months or more
Two or more terms of imprisonment totalling 12 months or more
This definition includes various forms of imprisonment, such as:
Suspended sentences
Concurrent sentences
Periodic detention or residential programs
Only if both the relevance and significance criteria are met will the sponsorship limitation apply, potentially affecting the outcome of the visa application process.
Is it possible to waive the sponsorship limitation?
Yes, Regulation Regulation 1.20KC(4) allows for a waiver if the Minister (or delegate) determines it is reasonable to approve the sponsorship. Considerations may include:
The time elapsed since the sponsor completed their sentence
The best interests of any children involved
The length and nature of the relationship between the sponsor and the visa applicant
What if there are pending criminal matters?
Sponsorship cannot be denied based on unresolved criminal matters. However, if a case is pending, the Department may seek additional information to assess potential impacts on the sponsorship limitation.
How can Agape Henry Crux Help?
The limitations under regulation 1.20KC are crucial for sponsors seeking to support visa applications. At Agape Henry Crux can assist with your visa matter. Our Accredited Specialists in Immigration Law are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.