Does My Partner’s Criminal Record Affect Their Ability To Sponsor My Visa?

Embarking on immigration can become daunting when faced with the challenges posed by a partner’s criminal record while applying for a Partner Visa in Australia. In this article, we will explore the nature of criminal records and their potential impact on you and your partner when seeking a partner visa.

Background

When it comes to applying for a Partner Visa in Australia, sponsorship by your Australian Citizen or Permanent Resident is a crucial element. However, navigating this process becomes more complex if your partner has a criminal record. Both the applicant and the Sponsor’s character is now considered during the Partner Visa process. At Ramsden Lawyers, we understand the intricacies involved and are here to guide you through every step, ensuring that love triumphs over obstacles.

Understanding Relevant Offences and Criminal Records

The Australian Government has specific guidelines to determine the eligibility of sponsors with criminal records. If your partner has been convicted of a ‘relevant offence’ and has a significant criminal record related to these offences, their sponsorship may be refused. The Department of Home Affairs (DHA) has the authority to exercise its judgment and either approve or reject the visa application based on various factors.

These factors include ensuring the safety of the Australian community, considering the well-being of any children in Australia who might be impacted by a visa refusal, assessing the duration of the relationship, evaluating the time elapsed since the completion of the sentence, and considering the expectations of the Australian community. In this scenario, you present compelling evidence to the DHA, compelling them to exercise their discretion and approve the visa.

A significant criminal record is characterised by sentences of:12 months or more. However, there is still hope. In exceptional cases compelling evidence is presented; the Minister may approve the sponsorship despite a significant criminal record. This would require an application to the Minister to approve the application and would need to include supporting evidence and information explaining the above. Ramsden Lawyers are experts in crafting detailed submissions and gathering evidence to support your case, maximising your chances of success

Registrable Criminal Offences

If a prospective sponsor has been charged with a registrable offence, and there are applicants under 18 (such as dependent children) included in the application, the sponsorship application must be refused.

A registrable offence, for the purpose of visa sponsorship, is an offence against a child of a violent or sexual nature that would lead to registration on the Australian National Child Offender Register.

Avoid Costly Mistakes when Applying for your Partner Visa

Time is precious, and a rejected visa application means wasted months that could have been spent building your future together. Moreover, the financial implications of a failed application can be significant. By entrusting your partner visa application to us, you’ll save time and reduce unnecessary stress and anxiety. Our expertise streamlines the process, helping you avoid costly errors and maximising your chances of acceptance.

The Path Forward with Ramsden Lawyers:

When facing potential obstacles in your Partner Visa journey, it is crucial to seek expert legal advice. Our migration team has extensive experience in character concerns and partner visa requirements. We are committed to guiding you through the process, providing tailored solutions to your unique circumstances.

Contact Ramsden Lawyers Today: If you are concerned about your partner’s criminal record and its potential impact on your Partner Visa application. Our skilled lawyers are here to help you understand your position, requirements, and the way forward. Call us today at 1300 245 756 or submit an online enquiry to schedule a consultation through our website.

The content of this article is intended to provide general guidance to the subject matter and must not be relied on as legal advice. Specific advice should be sought about your circumstances.