Sponsors of Partner and Fiance visa applicants who lodge a visa application, on or after 18 November 2016, will be required to provide Australian or foreign police checks to the department when requested; and consent to the department disclosing their convictions for relevant offences to the visa applicant (their partner).

If the sponsor does not provide the police checks within reasonable time, the application may be refused. If the sponsor does not consent Immigration to disclose their convictions, the application must be refused.

If a sponsor has convictions for certain offences but does not have a substantial criminal record, a visa will not necessarily be refused on this basis, however, the department will still disclose the convictions to the visa applicant (their partner) to allow them to make an informed decision on whether they wish to continue with their partner visa application with the sponsor.

What is a significant criminal record?

A sponsor has a significant criminal record in relation to a relevant offence if, for the offence(s), the sponsor has been sentenced to: death; imprisonment for life; a term of imprisonment of 12 months or more; 2 or more terms of imprisonment, where the total of those terms is 12 months or more.