Partner Visa Australia: Character Requirements for Sponsor 2024
The applicant and sponsor must meet the character requirements for a Partner Visa application. It is significant for the sponsor, as we’ve seen and handled many cases where couples face visa refusal on character grounds. It mostly happens because the sponsor has substantial criminal records, making them not meet the character requirements.
Considering that most sponsorships for partner visas in Australia were refused on character grounds, ONE derland Consulting provides general information about character requirements for the sponsor of a partner visa below.
What are the character requirements for the sponsor?
As part of its strategy to protect the Australian community’s safety, the government requires all prospective migrants to meet strict character requirements. Meanwhile, the character requirements for the sponsor of a Partner Visa ensure that the sponsor does not pose any risks to the visa applicant.
So, if you want to avoid the visa refusal on character grounds, ensure to meet the character requirements as explained further below.
How to Meet The Partner Visa Sponsor Character Requirements?
To meet the character requirements to be a sponsor of a Partner Visa application, you must meet the following essential requirements:
- Does not have any substantial criminal record of relevant offences
- Provide a police certificate from Australia and other countries
- Be transparent to the Department and your partner (in this the applicant) about your criminal record
- Your character meets the best interests of children
1. Does not have any substantial criminal record of relevant offences
It means you, as the sponsor, should not have committed a serious crime.
It cannot be tolerated for national security because, at the same time, the Department also prioritises the safety of every human being who will be in the country for a specified time.
Substantial criminal record refers to:
- sentenced to death or imprisonment for life
- sentenced to a term of imprisonment of 12 months or more
- sentenced to two or more terms of imprisonment (even if served concurrently) where the total is 12 months or more
- found by a court to not be fit to plead about an offence but found to have committed the offence and detained in a facility or institution
Meanwhile, the relevant offences are those offences against a law, either in Australia or overseas, 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.
2. Provide a police certificate from Australia and other countries
As a sponsor, you must provide a police certificate issued by the Australian Federal Police, known as the AFP National Police Check. In addition, you must also provide a police certificate from other countries where you’ve resided for more than 12 months since you turned 16.
The police certificate is necessary to assess your background and ensure you’ve met the sponsor requirements for the Partner Visa application.
3. Be transparent to the Department and your partner (the applicant) about your criminal record
You must be transparent to the Department of Home Affairs and the applicant regarding any criminal records. This means declaring your criminal records from the beginning of your sponsorship application.
If you refuse to be transparent, the process of your sponsorship application will be delayed and most likely be refused on character grounds and bogus information.
4. Your character meets the best interests of children
It is imperative if you have your partner migrating to Australia with any dependent children on the Partner Visa application. Having your character meet the children’s best interest means you must show that you don’t have any character issues that will jeopardize the children’s safety and welfare.
The character requirement plays a vital role in your visa and sponsorship application.
See How Much Does Your Character Background Impact Your Visa Application?
What if you have been convicted for a substantial criminal record with relevant offences?
You will receive an invitation to comment if you are committed to the above cases. So, the Department will not directly refuse your sponsorship application, but you will be given a chance to explain yourself.
The invitation to comment further assesses your eligibility for sponsorship for a partner visa. Generally, you may use this chance to explain that you have changed and will never be a threat to your loved ones.
If you have some convictions on your Police Clearance Certificate and are wondering whether you can sponsor your partner, ease your concern by consulting with our Migration Agent. All information related to your convictions will be kept confidential.
However, the Department may also assess some exceptions, which we have summarised below.
Exemptions of Character Requirements for Sponsor of Partner Visa
The following exemptions of character requirements for the sponsors will be considered in assessing your character background:
1. The period you, as the sponsor, completed the clearance for the relevant offences. It also needs physical evidence from a legal representative or the Police.
2. It is measured by the best interest of any children involved between the sponsor and applicant of the partner visa.
Read here: Measures for the protection of children
3. The relationship period between you and your partner before submitting the Partner Visa application.
Learn more: De Facto Partner Visa Australia – All Requirements Explained
Consider these exemptions when applying for a partner visa, as the above provides a deeper understanding of your partner or sponsor.
What does it mean to you?
While you are here to avoid visa refusal on character grounds by learning more about the character requirements, the information above might be difficult to comprehend.
It would be quite a hustle for you and require most of your time. However, seeking professional advice would be better; we are here to help you with these complex situations.
Are you looking for professional assistance for your partner visa?
We understand how vital your sponsorship application is to establishing your relationship with your partner. If you have concerns about your sponsorship for a partner visa application, ONE derland Consulting is here to help.
Our visa specialists at ONEderland Consulting will assist you and give you complete suggestions whenever you need to or decide to sponsor your partner on a Partner Visa application. 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.
