Obtaining a partner visa in Australia can be a life-changing event, uniting loved ones from different
corners of the world. However, when the sponsor of the visa has a prior conviction for a serious
crime, the process becomes more complex. In this article, we’ll delve into the possibilities and
criteria for having a partner visa approved despite a history of criminal convictions.
Understanding the Challenge
The Australian immigration system takes a rigorous stance when assessing partner visa
sponsorships. One of the primary grounds for refusal is when the sponsor has a “relevant offence”
on their record, leading to a ‘significant criminal record.’ These relevant offences typically
encompass serious crimes.
A ‘significant criminal record’ is defined as a prison sentence of 12 months or more. When a sponsor
falls into this category, the Minister must refuse the sponsorship, unless certain circumstances deem
it ‘reasonable’ to do otherwise. Factors considered in this assessment include the time elapsed since
completing the sentence, the welfare of any children involved, and the duration of the relationship.
Case in Point
We have successfully obtained a partner visa for clients whose sponsors had a conviction. Despite
this obstacle, we navigated the system successfully.
Some critical elements included:
- the time that had passed since the completion of the sentence
- singular instance of offending and the absence of any prior or subsequent criminal record
- youthfulness at the time of the offence
- sponsor’s honesty and expression of remorse regarding their prior convictions
- family’s full awareness of the criminal history, along with continued acceptance and support
of the relationship - life characterised by law-abiding conduct and contributions to society – sponsor’s significant
personal growth and stable, pro-social life.
If you or someone you know is facing a similar situation, it’s crucial to seek professional advice and
build a strong case to maximise your chances of success. With the right approach, you can overcome
even the most challenging obstacles to be together with your loved one in Australia.