My Partner Has Sexual Offences | What Can I Do for the Sponsorship Limitation?

This section discusses the limitations related to sponsors who have been charged or convicted of registrable sexual offences. These limitations apply differently than other types of offending conduct, and they may lead to the visa application being refused or cancelled.

Which visas does this sponsorship limitation apply to? 

The sponsorship limitation applies to the following visas: 

Why is the Sponsorship Limitation Set in place? 

Protection for Minor Visa Applicants 

This limitation is specifically designed to protect Minor Visa Applicants (MVAs)— those under 18 years old only — from being sponsored by individuals with convictions for child sex offences or serious offences that may pose a risk of harm.

Do I have to declare and disclose my Criminal Offences?  

Sponsors are required to provide the Department of Home Affairs with the following:

Please note that the Department may refuse sponsorship if the visa applicant fails to submit the required checks.

What are the Conditions for refusal? 

  • Convicted of a Registrable Offence: 

    • Sponsorship must be refused if the sponsor has been convicted of a registrable offence unless:

      • All visa applicants are 18 or over at the time of the decision. 

      • The conviction has been quashed or set aside. 

  • Charged with a Registrable Offence: 

    • Sponsorship must be refused if the sponsor has been charged with a registrable offence unless: 

      • All visa applicants are 18 or over at the time of the decision. 

      • The charge was withdrawn, dismissed, or otherwise resolved without a conviction.

Is it possible to waive the sponsorship limitation?

Yes, despite the limitations, a sponsorship may be approved if: 

  • More than 5 years have passed since the completion of the sponsor’s sentence. 

  • Since completing their last sentence, the sponsor has not been charged with a registrable offence. However, sponsors who have been charged may refer to the sponsorship limitation for a criminal conviction.

  • There are compelling circumstances affecting either the sponsor or the applicant. 
     

What is a compelling circumstances? 

  • The term "compelling circumstances" is not defined in legislation and is evaluated on a case-by-case basis. 

  • Even if compelling circumstances exist, approval of the sponsorship remains discretionary. 

 

What are the considerations for approval? 

When determining whether to approve the sponsorship, decision-makers must consider:

  • The protection of the Minor Visa Applicants (MVA) from serious criminal conduct.

  • The risk of the sponsor re-offending.

  • Evidence of the sponsor’s rehabilitation or failure to rehabilitate.

  • Arrangements to minimize the potential for harm to the MVA (e.g., management plans by child welfare authorities).

  • The MVA’s ties to Australia.

  • The nature of the relationship between the MVA and the sponsor and the impact of separation.

  • The presence of other relatives in Australia, particularly Australian siblings.

  • The duration of the MVA’s stay in Australia.

  • Australia’s obligations under international law, including: 

    • The Convention on the Rights of the Child 

    • The Convention and Protocol Relating to the Status of Refugees 

How can Agape Henry Crux Help?

Understanding these limitations and considerations is crucial for sponsors involved in the visa process for minors and partners. At Agape Henry Crux can assist with your visa matter. Our Accredited Specialists in Immigration Law are specialised in handling highly complex matters with a team of immigration lawyers and registered migration agents. 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. 

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