Sponsoring Spouse with Criminal Record on a Partner Visa: Tips for Successful Application!
If you’re an Australian citizen or permanent resident with a criminal record, sponsoring your spouse on a Partner Visa is challenging. This is due to sponsorship for a Partner Visa application, which requires you to meet specific character requirements. It is assessed through character checks through your sponsorship application and National Police Check.
At ONEderland Consulting, we are knowledgeable and experts in handling challenging Partner Visa applications, including sponsoring your spouse with a criminal record. Our expertise gives you the reassurance and confidence that we can address any issues arising from a criminal record.
Understanding the Relevant Offences and Significant Criminal Record for the Sponsorship Partner Visa Australia
The Department of Home Affairs has defined relevant offences and significant criminal records for the Sponsorship of Partner Visa Australia.
A relevant offence is an offence 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.
Meanwhile, a significant criminal record is related to one or more relevant offences mentioned above, and you’re sentenced to:
- Death or imprisonment for life
- A term of imprisonment of 12 months or more; or
- Two or more terms of imprisonment, where the total of those terms is 12 months or more.
This definition guides what criminal record may limit your opportunity to sponsor your spouse. With that definition, the Department will also determine whether you pass the character check.
Character Check Process for Partner Visa Sponsorship Application
Generally, the Department will ask for your National Police Check issued by the Australian Federal Police for a character check. If the Department finds you have significant criminal records, you don’t meet the sponsorship requirements, and the Department might refuse your sponsorship application.
But first, the Department will send you an s57 – IMMI Natural Justice, which you must comment on regarding the finding. The Department will assess all compelling and compassionate circumstances surrounding you and your relationship to decide whether the sponsorship should be approved.
To do this, you must provide information outlining the welfare of any Australian children who may be affected by a visa denial, the length of the relationship, the amount of time that has passed since the sentence was served, and any other compelling information. This could include evidence of your rehabilitation, your contributions to the community, or the impact of the separation on your family.
But overall, is it possible to ease the application process in sponsoring your spouse with a criminal record shadowing you?
Read more: Sponsorship for Partner Visa: Character Requirement Details
What to Do in Sponsoring Your Spouse on a Partner Visa While Having a Criminal Record
While it looks pretty complicated, let us ease your concerns with the following tips on sponsoring your spouse while having a criminal record.
What to Do Before Submitting the Sponsorship Application
Before sponsoring your spouse for a Partner Visa Australia, you must be committed to being honest, gather all evidence, consider the character rehabilitation, and also seek legal advice to avoid Partner Visa refusal.
1. Be Honest
Honesty is not just important, it’s crucial. Concealing your criminal records is not a viable option, as the character checks will uncover them. It’s best to be transparent from the start.
Suppose you’re found to be hiding the facts of your criminal records intentionally. In that case, the situation will be far more complex, as the DHA will assess you for violating the PIC 4020.
2. Gather Evidence
Gather official records about the offence, such as court transcripts, information about the sentence, and evidence that any applicable penalties (such as community service or probation) have been completed.
It will strengthen your sponsorship application and prove you have obeyed the laws and the sentence.
3. Consider Character Rehabilitation
Show that your character has improved since the offence. It could include proof of completed rehabilitation programmes, references, employment history, and community involvement. Consider this tip, as it will ease your character check.
4. Seek Legal Advice
Seek legal advice from a Registered Migration Agent who specialises in handling intricate Partner Visa applications with substantial criminal records, like ONEderland Consulting.
A Registered Migration Agent, like those at ONEderland Consulting, can evaluate your case, offer guidance on the best action, and act as your representative. They can help you understand the complex visa requirements, gather the necessary evidence, and present your case in the best possible light, increasing your chances of a successful application.
Don’t hesitate to contact us now if you need urgent assistance with your Sponsorship Partner Visa Australia application.
What to Do During the Assessment of Your Sponsorship Application
Your duty is still far-reaching. During the assessment process of your sponsorship application, you must face your criminal record straightforwardly, emphasise your positive relationship, and explain your plans to ensure approval.
1. Face the Record Straightforwardly
Clearly acknowledge the criminal record in the application and any S57 response (if received) and explain thoroughly. Provide specifics about the offence and its reasons (if applicable), and show that you are sorry.
2. Emphasise Positive Relationship
Draw attention to how strong and sincere your relationship is with your partner. Provide supporting documentation, including pictures, itinerary records, correspondence logs, and joint financial statements.
3. Future Plans
Describe your joint plans for the future in Australia and how obtaining a visa will improve both of your lives.
Read more: Proof Genuine Relationship Partner Visa Application
Additional Tips for Your Sponsorship Partner Visa Australia Application
Apart from that, you have to expect and commit to be ready for delays (since your sponsorship is a lot more complex), stay informed on visa requirements and continue to communicate openly to both your partner and the legal representative.
1. Be Ready for Delays
Remember that your sponsorship application will be more complex than applications without criminal records. So, expect a longer processing time, as the Department of Home Affairs requires a lot of information to make a just decision.
2. Stay Informed
Migration law constantly changes, so stay informed about any modifications to the Department of Home Affairs (DHA) character evaluation standards and Partner Visa requirements.
3. Continue to Communicate Openly
Open and honest communication is key. Maintaining transparency with your partner and legal representative throughout the process is important. Hiding any information or details will only complicate the situation further.
If doing any of these is quite challenging, discuss it with us. We provide all-encompassing assistance, which includes keeping you updated on visa changes, fostering effective communication, and advocating on your behalf before the DHA.
Can ONEderland Consulting assist you with sponsoring your spouse on a Partner Visa with a criminal record?
We surely can. ONEderland Consulting has successfully assisted clients related to sponsorship for Partner Visa with criminal records by compiling evidence and drafting a thorough explanation to bolster their cases, increasing their chances of winning.
We are here to help you because we believe everyone deserves second chances. We fully understand how crucial it is to live happily with your loved ones, so we are committed to providing the best outcome.
We are here to help!
We understand how challenging sponsoring your spouse could be if you have a criminal record. However, you can trust your application to ONEderland Consulting. We are always here to help you reunite with your loved ones. 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 a registered Australian migration agent with the Migration Agents Registration Authority (MARA), we are subject to professional regulation and bound by the Code of Conduct issued by the Migration Agents Registration Authority.
Take the first step and contact us. Our team members are honest, professional and accountable. Contact us by email at visa@onederland.com.au or by phone at 1300 827 159. Alternatively, you can book your consultation online, and our 100% Money-Back Guarantee Program backs it.
