Partner Visa Sponsor Character Requirements (What You Need to Know)
- Apr 10
- 5 min read
Last Updated: 10 April 2026
If you are planning to sponsor your partner for an Australian partner visa, meeting the relationship requirements is only part of the picture. The Department of Home Affairs also assesses you — the sponsor — independently. A problem on your side can result in the visa being refused, regardless of how genuine your relationship is.
This guide explains exactly what the Department assesses, what counts as a disqualifying criminal record, and what happens if you have past convictions. For a complete overview of the partner visa process, see our partner visa Australia guide.
What Are the Sponsor Character Requirements for a Partner Visa?
To sponsor a partner visa (Subclass 820/801, 309/100, or 300), you must:
Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
Be 18 years or older
Be approved by the Department of Home Affairs before your partner's visa can be granted
Provide an Australian and foreign police check when you apply for sponsorship
Give written consent for the Department to disclose any convictions for relevant offences to the visa applicant
Not have a significant criminal record for relevant offences
Not be subject to a current sponsorship bar
Not exceed the lifetime sponsorship limit
The sponsorship must be lodged through ImmiAccount using Form 40SP at the same time as the main visa application.
What Is a Relevant Offence?
A relevant offence is an offence against a law — either in Australia or overseas — involving any of the following:
Violence, including murder, assault, sexual assault, or the threat of violence
Harassment, molestation, intimidation, or stalking
Breach of an apprehended violence order (AVO) or similar order
Firearms or other dangerous weapons
People smuggling
Human trafficking, slavery, or slavery-like practices — including forced marriage, kidnapping, or unlawful confinement
Attempting to commit any of the above
Aiding, abetting, counselling, or procuring any of the above
Convictions that have been quashed, nullified, or officially pardoned are not included.
Source: immi.homeaffairs.gov.au — Additional sponsor requirements for Partner and Prospective Marriage visas
What Is a Significant Criminal Record?
The Department considers you to have a significant criminal record if you have been sentenced to:
Death
Life imprisonment
Imprisonment of 12 months or more
Two or more terms of imprisonment that total 12 months or more
A single fine or a suspended sentence that was never served does not automatically constitute a significant criminal record — what matters is the sentence imposed, not the offence category alone.
Can You Sponsor a Partner Visa With a Criminal Record?
This depends on the combination of the offence type and the sentence imposed.
Relevant offence, no significant criminal record
If you have a conviction for a relevant offence but do not have a significant criminal record, the Department will not automatically refuse the visa. However, they will disclose your convictions to the visa applicant so they can make an informed decision about whether to continue with the application.
Relevant offence and significant criminal record
If you have both a conviction for a relevant offence and a significant criminal record, the Department must refuse the visa — unless they assess that it is reasonable not to. When making this assessment, the Department may consider:
How long it has been since you completed your sentence
The best interests of any child involved
How long you and your partner have been in a relationship
No relevant offence
If your criminal history does not involve any relevant offences, it is generally not a barrier to sponsorship under the partner visa character framework — though other character requirements under the Migration Act may still apply.
What Happens If You Do Not Provide a Police Check?
This is a hard requirement. If you do not provide the required Australian and foreign police checks, or if you do not give written consent for the Department to disclose relevant offences to your partner, the visa application will be refused.
The Department may also refuse the application if the police checks are not provided within a reasonable time after being requested.
The visa application charge is non-refundable if the application is refused for this reason — so it is essential to have this in order before lodging.
Police Check Requirements for Sponsors
For partner visa sponsorship, you must provide:
An Australian Federal Police (AFP) National Police Check — Code 33 specifically for immigration purposes
Foreign police checks from every country where you have lived for 12 months or more since the age of 16 (if applicable)
The AFP check is lodged as part of Form 40SP through ImmiAccount. Do not submit a standard police check — it must be the correct Code 33 version for immigration.
Sponsorship Limits
There are limits on how many times a person can sponsor a partner visa applicant over their lifetime.
Sponsors are generally limited to sponsoring two partners over their lifetime
If you have previously sponsored a partner visa, you must generally wait at least five years before sponsoring again
These limits apply regardless of the outcome of the previous sponsorship. If you are approaching or have exceeded these limits, you will need to seek advice before lodging.
You Cannot Change Your Sponsor
Once the application is lodged, the person who sponsors the visa must remain the same sponsor for two years after the temporary Partner visa (820 or 309) is granted. You cannot change sponsors during this period.
Common Mistakes Sponsors Make
Not checking whether their police check is the right type
The AFP check required for immigration purposes is Code 33. A standard Name Check or employment police check is not acceptable for sponsorship.
Assuming a past conviction will not be found
The Department conducts its own checks and cross-references information across Australian and international records. Do not assume a conviction from years ago will not appear.
Lodging without getting character advice first
If you have any convictions — relevant or not — it is worth getting professional advice before lodging. Lodging with a character issue that has not been addressed correctly can result in a refusal and a non-refundable application fee.
Frequently Asked Questions
Does having a criminal record automatically mean my partner's visa will be refused?
Not automatically. It depends on whether the offence is a relevant offence and whether you have a significant criminal record. If you have relevant convictions but no significant criminal record, the visa is not automatically refused — but your convictions will be disclosed to your partner.
What if my conviction was in another country?
Overseas convictions are assessed the same way as Australian convictions. You must provide foreign police checks from every country where you have lived for 12 months or more since the age of 16.
What if my conviction was quashed or pardoned?
Convictions that have been quashed, nullified, or officially pardoned are not counted as relevant offences under the partner visa sponsorship rules.
Can I still sponsor my partner if I was sentenced to less than 12 months?
If you have a conviction for a relevant offence but were sentenced to less than 12 months, you do not have a significant criminal record under the Department's definition. The visa is not automatically refused, but your conviction will be disclosed to your partner.
Do I need a police check if I have never had any convictions?
Yes. The police check is a mandatory document regardless of whether you have any convictions. Failing to provide it will result in the visa being refused.
Not sure how your background may affect your ability to sponsor a partner visa? RACC's registered migration agents (MARN1572962, MARN1172003) can assess your situation before you lodge and advise on how sponsor character requirements apply to your circumstances. Book a free consultation
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