My sponsor has a criminal record, can they still sponsor me for a partner visa?

As a partner visa lawyer, a common question that I receive from sponsors and visa applicants is whether their sponsor’s criminal history will prevent them from successfully sponsoring their spouse or de-facto for a partner visa. There are a range of factors that are relevant such as the type of offence committed*, and whether it is considered to be a significant criminal offence (most commonly being a sentence to a term of imprisonment of 12 months or more).

Interestingly, not every type of criminal offence is relevant when it comes to sponsoring your spouse for a partner or prospective marriage visa. The type of criminal offences that are relevant to a prospective marriage and partner visa sponsorship are outlined in regulation 1.20KC of the Migration Regulations 1994 which includes (amongst a few others) the following relevant offences:

d) Violence against a person (including assault, sexual assault and the threat of violence);
e) Harassment, molestation, intimidation or stalking of a person;
f) Breach of an apprehended violence order, or a similar order, issued under a law of a State, a Territory of a foreign Country;

Where a sponsor has a significant criminal record, the “Minister must refuse to approve the sponsorship of each applicant for the visa”. But keep in mind that the Minister can decide to approve the sponsorship taking into account circumstances such as:

d) The length of time since the sponsor completed the sentence (or sentences) for the offences/s; 

e) The best interests of the following: 

Any children of the sponsor; 

Any children of the applicant who is applying for the partner of prospective marriage visa. 

f) The length of the relationship between the sponsor and the applicant.

If your Australian citizen (or permanent resident) sponsor has a criminal record, a practical first step is to obtain an Australian Federal Police clearance. It is also worthwhile to speak to an experienced partner visa lawyer so you can receive advice on how the Department of Home Affairs is likely to consider the history of offending and whether they should allow you to be granted a visa. You should book in for a free no obligation discussion with our experienced partner visa specialists to discuss your situation.

*This blog does not discuss registrable offences referred to in Reg 1.20KB of the Migration Regulation 1994 (“child sex offences etc.”) and you should seek further advice if your offences are of that nature.