New limitations on approval of sponsorships for Partner and Prospective Marriage visa applications

Publish Date: Dec 05, 2016

From 18 November 2016 new limitations on approval of sponsorships for Partner and Prospective Marriage visa applications will apply.

Sponsors of Partner and Prospective Marriage 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.

If a sponsor has convictions for a relevant offence and a significant criminal record, the visa must be refused, unless it is considered reasonable not to refuse.

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.

Additionally the visa application may be refused if police clearances are not provided or if the sponsor does not consent to disclosing their convictions for relevant offences.

Please contact our office on 02 8268 4000 if you are concerned that your sponsor will be unable to satisfy sponsorship requirements.

The law changes frequently, please contact us for up-to-date advice. This article was prepared on 5 December 2016. 

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