We take the safety and security of visa applicants seriously.
There are additional requirements for sponsors of Partner and Prospective Marriage visas that are intended to help keep visa applicants safe.
Provide information on relevant offences and criminal record
If you want to sponsor an applicant for a Prospective Marriage (subclass 300) visa or a Partner visa, you must:
- provide an Australian and foreign police check when you apply for sponsorship
- give us written consent to disclose any convictions for relevant offences to the visa applicant.
We will refuse the visa application if you don't provide the checks or give us consent to disclose any relevant offences to the applicant. We could also refuse the visa application if you don't provide the police checks within a reasonable time.
See how to provide a police check.
Consider these requirements carefully before you lodge your sponsorship or visa application. We won't refund the visa application charge if we refuse the visa application.
What is a relevant offence?
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
We don't include convictions for relevant offences that have been quashed or otherwise nullified or pardoned.
We will not refuse a visa application if you have a conviction for a relevant offence but no significant criminal record but we will disclose any convictions for relevant offences to the visa applicant to help them make an informed decision about continuing with their application.
What is a significant criminal record?
We consider you to have a significant criminal record if you have been sentenced to:
- life imprisonment
- imprisonment of 12 months or more
- 2 or more terms of imprisonment that total 12 months or more
If a sponsor has convictions for a relevant offence and a significant criminal record we must refuse the visa, unless we assess that it is reasonable not to. We will consider all the circumstances of the application when we make this assessment. These could include but are not limited to:
- how long it has been since the sponsor completed their sentence
- the best interests of any child or the sponsor or primary visa applicant
- how long the sponsor and the main visa applicant have been in a relationship