For an Australian Partner visa, both the applicant and sponsor need to meet certain Character requirements. We have summarised these requirements below:
Sponsor
In an effort to reduce violence in the Australian community, the government introduced laws which allow the department to refuse a sponsorship applications for a Partner Visa if the sponsor has a ‘significant criminal record’ in relation to ‘relevant offences’.
Relevant offences include the following:
- Violence against a person, including (without limitation) murder, assault, sexual assault and the threat of violence
- The harassment, molestation, intimidation or stalking of a person
- The breach of an apprehended violence order
- Firearms or other dangerous weapons
- People smuggling
- Human trafficking
- Attempting to commit an offence involving any of the matters mentioned above or below
- Aiding, abetting, counselling or procuring these offences.
Significant criminal record is defined as:
If a person has been sentenced to:
- Death;
- Imprisonment for life;
- A term of imprisonment of 12 months or more, or
- 2 or more terms of imprisonment, where the total of those terms is 12 months or more.
If a person is sentenced to serve the 2 or more prison terms concurrently, where the total period is 12 months or more, it is a significant criminal record.
Conviction that has been quashed or pardoned would be disregarded.
Possible Exemptions
However, despite the above, a sponsorship application may be approved if it is reasonable to do so having regard to the following:
- The length of time since the sponsor completed the sentence for the relevant offence
- The best interests of any children of the sponsor/and or any children of the visa applicant
- The length of the relationship between the sponsor and the primary visa applicant
Applicant
A partner visa application may be refused if the applicant fails to meet the character requirements.
A person would not pass the test if:
- The applicant has a substantial criminal record (same definition as for the Sponsor)
- The applicant has been convicted of crimes while in immigration detention
- The applicant is a member of group or association that has been involved in criminal conduct
- The applicant is suspected to have been involved in
- people smuggling
- human trafficking
- Genocide
- Crimes against humanity
- War crimes
- Torture or slavery
- Or a crime that is otherwise of serious international concern
- Having regard to the applicant past and present criminal and general conduct, the applicant is not of a good character
- There is a risk that the applicant engages in
- criminal conduct
- harass, molest, intimidate or stalk another person in Australia
- vilify a segment of the Australian community
- incite discord in the Australian community
- represent a danger to the Australian community
- The applicant is convicted of sexually based offences involving a child
- The applicant is charged with:
- crime of genocide
- crime against humanity
- war crime
- crime involving torture or slavery
- crime of that is otherwise of serious international concern
- The applicant is assessed by ASIO to be directly or indirectly a risk to Australian security
- The applicant is subject to Interpol notice, and there is a risk to the Australian community.
However, in some circumstances the application may still be granted, having regard to:
- The protection of the Australian community from criminal or other serious conduct
- The best interest of minor children in Australia
- Expectations of the Australian Community
Other considerations include:
- International non-refoulment obligations
- Impact on family members
- Impact on victims
- Impact on Australian business interests
Related:
Bridging Visa R
Genuine Student (GS)
Mobility Arrangement for Talented Early-professionals Scheme (MATES)
NSW 491 Pathway 1 – Apply directly to NSW
Upcoming Immigration Changes 2024