Partner Visa Case Study: My Partner Is in Jail. Can I Apply for a Partner Visa in 2024?
In this Partner Visa Australia case study, we will provide insight into complex partner visa applications, such as when your partner (sponsor) is in jail.
So you’re ready to apply for your partner visa, but unfortunately, your partner is sent to jail. What happens now? Can you still apply?
Depending on the severity of the offence committed and the length of jail time, you may still be able to apply for your Partner visa while your partner, the sponsor, is in jail.
However, suppose your partner has been convicted of a crime that is considered a relative offence. In that case, they may no longer be eligible to sponsor you, meaning your Partner visa application would be invalid and refused.
ONEderland Consulting empathizes with your challenges when your sponsoring partner is in jail. We understand how crucial sponsorship and your Partner Visa application are for your relationship. Everyone deserves a second chance, including your sponsoring partner. We are here to provide all possible options and scenarios you may face while processing your Partner Visa application in these complex circumstances.
What is a significant criminal record and relevant offences?
First, you must understand that the Department of Home Affairs may not grant the sponsorship and your Partner Visa Australia application if they find that your sponsoring partner has a significant criminal record for relevant offences.
What is a significant criminal record and relevant offences?
Your sponsoring partner is considered to have a significant criminal record if they have been sentenced to:
- Death or imprisonment for life
- 12 months imprisonment or more, or
- Two or more terms of imprisonment totalling 12 months or more.
Meanwhile, the relevant offences are those offences against Australian or other countries’ laws involving:
- violence, including murder, assault, sexual assault or the threat of violence
- harassment, molestation, intimidation or stalking
- the breach of an apprehended violence or 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.
So, suppose your sponsoring partner is in jail for one of the above offences. In that case, the chance of getting the sponsorship and Partner visa application approved is meagre.
The Department of Home Affairs takes this matter very seriously. It has several rules for sponsors when applying for an Australian Partner Visa.
These rules are put in place to protect visa applicants and the Australian community.
These rules require all partner and prospective marriage visa application sponsors to provide Australian or foreign police checks to the Department when requested. They must consent to the Department disclosing their convictions for relevant offences to the visa applicant.
Read more: Tips for Sponsorship Partner Visa Australia with Criminal Record
Is there any chance the Department of Home Affairs may grant your Partner Visa Australia application?
Suppose a sponsor has convictions for any of the offences above and is considered to have a significant criminal record. In that case, the Department will refuse the visa unless there are compelling reasons not to.
The following factors will be considered by the Department of Home Affairs when reviewing the application:
- The length of time since the sponsor completed the sentence for the relevant offence;
- The best interest of any children of the sponsor or primary visa applicant;
- The length of the relationship between the sponsor and primary visa applicant.
In short, the Australian Department of Home Affairs has implemented these rules to ensure the safety of its visa applicants, dependent children and the broader Australian community. This commitment to safety should reassure you that the immigration process is designed to protect all parties involved.
Read more: Changes in Partner Visa: Regulation Amendments to Relationship Cessation Provision
Fiona and Rob’s Success Partner Visa Story Despite Significant Criminal Record
We can take one Partner Visa case study from Fiona and Rob. Fiona and Rob begin their relationship confident that nothing will separate them. They are like a match made in heaven. But Rob’s significant criminal record—he was in prison for over two years for an assault offence—starts to concern them.
Fiona and Rob found that a significant criminal record would be a big stone in their Partner Visa journey. But they don’t give up.
Fiona and Rob’s story is a testament to the fact that a significant criminal record doesn’t have to be the end of your Partner Visa journey. They approached ONEderland Consulting, open to any options that may not separate them permanently. After carefully assessing their relationship and character background, we were confident that Fiona and Rob would get their Partner Visa application approved. Rob’s completion of his imprisonment and his demonstrated good intentions of changing himself by never violating any crimes since his last offences were strong factors in their success.
We carefully explained to Fiona and Rob that their Partner Visa application won’t be straightforward, and they understood. They were also happy to provide their police certificate and supporting statement letters from their friends and family, explaining how Rob has changed into a better person and how Fiona is the big reason for it.
Around two and a half years later, Fiona and Rob got their Partner Visa application approved after passing a rough process of completing IMMI Natural Justice several times. Their commitment to the relationship and being a better person has made it possible.
What if your sponsor is in jail for committing violence against yourself or your children?
If your sponsoring partner is in jail for committing violence, like domestic abuse, against yourself or your children, the case would be different.
Suppose you are a victim of family violence committed by your sponsoring partner. In that case, you may get your Partner Visa Australia application approved even though your relationship has ceased.
The Australian Government provides a relationship cessation provision that enables you to lodge and be granted a Partner Visa Australia if your relationship ends due to one of the following:
- Death of your sponsoring partner;
- Joint custody of your child or children;
- Experienced family violence committed by your sponsoring partner.
Suppose you or your child experienced family violence committed by your sponsoring partner. In that case, you have all rights to report your partner to the police and the Department of Home Affairs. You have to do these four steps to fight for your Partner Visa application:
1. Notify the Department of Home Affairs
Use the ‘notice of relationship cessation form’ under the ‘Update Details’ page in ImmiAccount. You will be asked on the form when your relationship with your partner ends. It will also inquire as to whether you have children with your sponsor or have ever been the victim of family violence. Suppose both of the following scenarios apply to your case. In that case, you must check both the family violence and children of relationship options on the form.
2. Gather evidence for relationship assessment
The Department of Home Affairs must be sure that you had a real, continuing relationship with your previous sponsor before the end of that relationship before they can evaluate your allegation of family violence. This requires providing evidence such as joint bank accounts, shared bills, photos together, and testimonies from friends and family who can confirm the relationship.
You are required to provide evidence of your relationship based on the four pillars: financial aspect, household aspect, social aspect, and commitment. You can find examples of that evidence here.
3. Gather evidence for family violence assessment
You have the option of presenting non-judicial or judicial evidence. Evidence of family violence must demonstrate that the violence, or a portion of it, happened while you were in a relationship with your ex-partner. It must also be shown by the family violence proof that your former sponsoring partner was the accused perpetrator.
You can find examples of judicial and non-judicial evidence here.
4. After providing evidence
After providing all evidence, the Department of Home Affairs will assess your case. Suppose they’re satisfied that you experience family violence. In that case, they will ask for more information. They may ask you to provide a police certificate or undergo a health examination.
But if you are unsatisfied, they will refer you to an outside expert for evaluation.
They will let you know if they recommend you speak with an outside expert. The independent expert will get in touch with you to schedule an appointment so that you can talk about your allegations of family abuse and provide the Department with their assessment of whether or not you have been the victim of family violence.
It could be a lengthy procedure. The Department must accept the opinion of the independent expert.
Read more: Changes in Partner Visa: Relationship Breakdown and Your Options
Do you need expert assistance with your Partner Visa Application?
This Partner Visa study case might help you in many ways. But if you or your partner have been convicted of an offence and are still determining whether it will affect your application, contact us at ONEderland Consulting.
With over ten years of experience in complex Australian migration laws and procedures, our senior migration agent, Indah Melindasari, is well-rehearsed regarding Partner Visa Australia applications and will be able to tell you what options are open to you for your circumstances.
Our Migration Agent will reassure you that your situation seems manageable and will devise an action plan for you to move forward.
Our consultation session is more than just a conversation. It’s a promise backed by a 100% refund guarantee if you’re unsatisfied with our service. We are proud to share that we have a 98% success rate and are experts in handling complex cases. So, don’t hesitate to reach out to us. We’re here to help you.
Does this Partner Visa Case Study help you with your case?
As this Partner Visa case study showed, it is crucial to speak to a migration agent experienced in complex cases, particularly in these situations. These circumstances are not straightforward and require tact, a particular strategy, and inside knowledge.
ONE derland Consulting has vast experience in dealing with overstay visa cases. Our success rate in winning refusal visas is second to none. You may speak to our Visa Specialists to understand your options for refusal solutions.
Please note that this service aims to discuss your visa options, eligibility for each visa in Australia, and the consequences of overstaying your Australian visa.
We will also assist you in making the right decision on whether you should spend the time and money to proceed with the visa application onshore. We have a 98% success rate and are one of Australia’s most highly recommended migration agents. Read our 4.9* score customer reviews.
We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the MARA.
Take the first step and get in touch with us. Our team members are professional and honest and speak various languages, such as Mandarin/ Chinese, Bahasa Indonesia, Arabic, Japanese, and Thai. Contact us through email at [email protected] or via phone at 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.
