When you apply for a Partner Visa (Subclass 309/100), it’s not just the visa applicant who is assessed — the sponsor’s background is also closely examined. If the Australian sponsor has criminal convictions or pending charges, this can significantly complicate the application and lead to lengthy delays.
Here’s what migration professionals have shared about how sponsor character issues are handled in partner visa cases.
The Sponsor Character Assessment
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The Department of Home Affairs conducts character checks on partner visa sponsors as part of the application process. This typically involves requesting an Australian Federal Police (AFP) check from the sponsor — sometimes multiple times throughout the processing period.
If the AFP check reveals convictions or pending charges, the application may be referred to the Visa Applicant Character Consideration Unit (VACCU) for further assessment. This specialised unit deals with cases where character concerns have been identified.
What Happens If the Sponsor Has Criminal Charges?
If your sponsor has criminal convictions or is facing pending criminal charges, the Department will assess whether approving the sponsorship poses a risk. Factors the Department considers include:
- The nature and severity of the offences
- Whether there are pending court proceedings
- The best interests of any children involved in the application
- Whether there’s a history of family violence
- The overall risk to the visa applicant and the Australian community
The Role of the Best Interests of the Child
If there is an Australian citizen child involved in the application, this is a significant factor that the Department must consider. The best interests of the child are a primary consideration, and this can work in favour of the application even where there are character concerns with the sponsor.
In cases where a child would be separated from a parent due to a visa refusal, the Department needs to carefully weigh this against any character concerns. A character waiver may be argued on the basis that refusing the visa would not be in the child’s best interests.
Multiple AFP Checks and Processing Delays
It’s common for the Department to request updated AFP checks during the processing period, especially if the application has been pending for a long time. If the sponsor has pending charges, the Department may wait for the court proceedings to conclude before making a decision on the visa application.
This means applications involving sponsor character issues can take significantly longer than standard processing times — sometimes years longer.
What You Can Do
- Be upfront: Disclose all relevant information about the sponsor’s criminal history from the outset
- Provide supporting documents: Character references, evidence of rehabilitation, and proof of family ties can strengthen your case
- Highlight the child’s interests: If there’s an Australian citizen child, provide evidence about the child’s relationship with both parents
- Get specialist advice: Character issues in partner visa cases require careful handling by experienced professionals
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Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal or migration advice. Visa rules and policies can change, and individual circumstances vary. We recommend booking a consultation with one of our registered migration agents to discuss your specific situation.
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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