The Australian Government is committed to reducing violence in the Australian community, including family and sexual violence. As part of this commitment, your sponsor is required to disclose criminal convictions they have had and/or charges awaiting legal action. They must also give the department permission to disclose any or all of their convictions to you as the visa applicant.
The department may ask your sponsor to provide one or both of the following: :
- an Australian National Police Check (NPC) for them; and/or
- a foreign police check for every country in which they have lived for a period of 12 months or a total period of at least 12 months since the latest of the following dates:
- 10 years before the date of the request to provide the police check(s); or
- the day they turned 16.
The department may refuse your visa application if your sponsor:
- does not provide the required police checks to the department within a reasonable time; or
- has been convicted of a relevant offence/offences and they have a significant criminal record in relation to these relevant offences.
Your visa application must be refused if your sponsor does not give permission to the department to disclose their relevant offence/offences to you.
Note: if you lodged your visa application before 18 November 2016, the requirements above do not apply to you and your sponsor, even if they submit their Sponsorship form on or after 18 November 2016. The requirements above only apply if you applied for your visa on or after 18 November 2016.
The Australian Government is also committed to protecting children against child sex offences and other serious offences which may pose a significant risk to a child. If any applicant for this visa is under the age of 18 and the Minister is satisfied that your sponsor has a conviction or outstanding charge for a registrable offence, the visa application may be refused.
If your sponsor has been convicted of a registrable offence, subject to certain limited circumstances, their sponsorship must be refused if any applicant for this visa is under the age of 18 when department assesses and decides the sponsorship or the conviction has been quashed or otherwise set aside.
AFP National Police Checks