Police Checks for Sponsors of Partner and Prospective Marriage visa applications
From 18 November 2016, sponsors of Partner and Prospective Marriage visa applications will need to provide Australian and/or foreign police checks when requested, and give consent for the Department to disclose any convictions, for relevant offences, to the visa applicant(s).
If the sponsor does not provide this consent, the Partner or Prospective Marriage visa application will be refused.
A Visa will NOT be refused if the sponsor has convictions for a relevant offence, but does not have a significant criminal record. However, the applicant will be notified of the relevant offence, so they can make an informed decision about continuing with their application.
Significant Criminal record for Partner Visa Applications
A sponsor is considered to have a significant criminal record if they have been sentenced to:
- imprisonment for life
- a term of imprisonment of 12 months or more
- 2 or more terms of imprisonment, where the total of those terms is 12 months or more.
- A suspended sentence is considered a prison sentence.
If a sponsor has convictions for a relevant offence and a significant criminal record, the visa will be refused in most cases.
Sponsor Relevant Offence for Partner Visa Applications
A relevant offence is an offence against a law, either in Australia or overseas, involving:
- violence, including murder, assault, sexual assault and the threat of violence
- harassment, molestation, intimidation or stalking
- the breach of an apprehended violence order, or a 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
- aiding, abetting, counselling or procuring such offences.
- This does not include convictions for relevant offences that have been quashed or otherwise nullified or pardoned.