Family Sponsorship Challenges - What Happens if the Sponsor Fails the Character Test
Family sponsorship visas are a common pathway for families to reunite with loved ones in Australia. However, the process can become complex when the sponsor fails to meet certain requirements, including the character test under the Migration Act 1958 (Cth). Failing a character test can significantly impact the visa outcome and result in delays or refusals.
What is a Character Test?
The character test ensures that a sponsor does not pose a risk to the Australian community. It is assessed under section 501 of the Migration Act. It considers the sponsor’s criminal history of convictions, which resulted in a sentence of 12 months or more, involved in criminal activities, or associated with any groups or individuals in criminal conduct.
How Does it Affect Different Types of Family Visas?
Sponsors are a necessary component in family visa applications. If a sponsor fails the character test, depending on the type of visa application, the implication may vary.
Partner visa (Subclass 820/801 and Subclass 309/100)
Partner visa (Subclass 820/801 and Subclass 309/100) application relies heavily on their sponsor’s eligibility. If the sponsor is deemed ineligible due to not meeting the character test, the application may be refused. Having compelling or compassionate circumstances may assist in the application being processed. Hence, it is recommended that you seek an Accredited Specialist in Immigration Law for professional assistance as they specialise in complex cases like this.
Parent Visa (Subclass 143, Subclass 804, etc.)
Sponsors for Parent visas require financial assurances and character compliance. If the sponsor doesn’t meet the character test, applicants must explore alternative sponsors, such as another child or eligible family member. If you are not in that circumstance for an alternative sponsor, speak to Jason Ling, AHC Lawyer’s principal and Accredited Specialist in Immigration Law, for creative and tailored advice.
Child Visas (Subclass 101 and Subclass 802)
Similar to Parent visas, a child visa application is directly impacted by the sponsoring parent. If the sponsoring parent fails the character test, then it is best that an alternative sponsor steps such as a non-affected parent or a relative for the child visa. Schedule a time with Angela De Silva, our Accredited Specialist in Immigration Law.
Carer Visas (Subclass 116 and Subclass 836)
Carer visas require a sponsor to demonstrate ongoing need and support, which the visa can be affected by character concerns and lead to visa refusals.
Other Family Visas (Subclass 114, Subclass 115, etc.)
Similarly to the above visa subclasses, if the sponsor fails the character test and is unable to meet the visa requirements, an alternative sponsorship may be the best way forward to prevent a visa refusal.
If my visa is refused, what do I do next?
You may have the right to appeal the visa decision to the Administrative Review Tribunal (ART). Otherwise, there may be an option to request a Ministerial Intervention to challenge any jurisdictional error (if any).
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How can Agape Henry Crux Help?
If you are in a similar situation as mentioned above, speak to one of our Immigration Specialists at Agape Henry Crux for assistance with your complex visa matter. Our Accredited Specialists in Immigration Law specialise 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.
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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.
