Partner Visa Character Requirements: Applicant and Sponsor

Character test

Both give police certificates: an AFP National Police Check (Code 33) and an overseas certificate for each country where they lived 12 months or more in the last 10 years since age 16.

If the sponsor has such a conviction, the visa can be granted only if the sponsor consents to the Department telling the applicant about it.

The details matter: under the Migration Regulations 1994, the sponsor’s sentences for relevant offences can total 12 months, and disclosure consent covers any relevant-offence conviction, not just one meeting that threshold. Home Affairs’ Subclass 820 page sets applicant police-certificate requirements by residence history; sponsor checks have their own requirements.

A conviction on either side of a partner visa? An Australian migration lawyer can check which test applies before police certificates are lodged. The shared enquiry form sends private questions to Australian Migration Lawyers.

Applicant and sponsor: two different tests

	Applicant	Sponsor
The rule	PIC 4001: the character test in Migration Act s 501	Regulations 1.20KC–1.20KD, plus regulation 1.20KB if an applicant is under 18
The threshold	A substantial criminal record: a sentence of 12 months or more, alone or in total, or another limb of s 501(6)	A conviction for a relevant offence and a significant criminal record for it: imprisonment totalling 12 months or more
The result	The visa may be refused; applicable Direction 110 factors are weighed	Sponsorship must be refused unless approval is reasonable, considering time since sentence completion, children’s interests and relationship length
Police certificates	AFP Code 33 where required by residence history, plus overseas certificates, from age 16; valid 12 months	Complete-disclosure AFP check plus overseas certificates; country history runs from the later of 10 years ago or age 16
Disclosure	—	Consent to Department disclosure of any relevant-offence conviction to each applicant

This comparison draws on the Migration Act 1958, PIC 4001 and regulations 1.20KB–1.20KD of the Migration Regulations 1994, and Home Affairs’ Character requirements for visas and Subclass 820 guidance.

What are the partner visa character requirements?

Under the Migration Regulations 1994, applicants for subclasses 820, 801, 309, 100 and 300 must satisfy PIC 4001, which addresses the s 501 character test; family members who are not applying must also meet PIC 4001, subject to the applicable unreasonable-to-require exception. Regulations 1.20KC–1.20KD separately limit approval of the sponsor’s sponsorship, while regulation 1.20KB applies where a child is applying. The sponsor’s consent to disclosure of relevant-offence convictions is also a visa criterion under clauses 820.221(4)(b), 309.222(2) and 300.222(2).

The applicant: the character test and a criminal record

Section 501(7) of the Migration Act 1958 defines a substantial criminal record to include being sentenced to:

death;
life imprisonment;
imprisonment for 12 months or more; or
multiple terms of imprisonment totalling 12 months or more.

The sentence, rather than the offence’s everyday description as “minor” or “serious”, matters to this threshold. A substantial criminal record means the applicant does not pass the character test under s 501(6) of the Migration Act 1958.

Other limbs of s 501 include:

child sex offences;
association with a group involved in criminal conduct;
risks of harassment, molestation, intimidation or danger to the community;
relevant Interpol notices and adverse ASIO assessments; and
hate-group membership, hate crimes and hate speech, following amendments commencing 22 January 2026 under the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026.

Failure does not make application-stage refusal automatic: s 501(1) says the Minister may refuse, and Home Affairs’ Character requirements for visas identifies Direction 110 considerations including family violence conduct, minor children’s best interests and ties to Australia.

The sponsor rule uses significant, not “substantial”, criminal record. Regulation 1.20KC(2) of the Migration Regulations 1994 lists these relevant offences:

violence against a person, including murder, assault, sexual assault and threats;
harassment, molestation, intimidation or stalking;
breaching an apprehended violence order or similar order;
firearms or other dangerous weapons;
people smuggling;
trafficking, slavery or slavery-like practices, including forced marriage;
kidnapping or unlawful confinement; and
attempts, or aiding and abetting these offences.

Under regulation 1.20KD, a significant criminal record involves death, life imprisonment or imprisonment totalling 12 months or more for the relevant offence or offences. A drug conviction is not, simply because it is a drug conviction, on regulation 1.20KC(2)’s relevant-offence list.

For subclass 300, 309 and 820 sponsorships, regulation 1.20KC requires refusal where both conditions exist, unless the Minister considers approval reasonable. The regulation identifies time since sentence completion, the best interests of the sponsor’s and primary applicant’s children, and the relationship’s length as considerations.

It is the sponsorship that this rule requires to be refused. The visa then encounters the separate requirement for approved sponsorship at decision, including clause 820.221A of the Migration Regulations 1994.

Separate from the criminal-record rules, the partner visa sponsorship limitation in regulation 1.20J limits how often a sponsor can be approved.

The child-protection bar on sponsors

Where any applicant is under 18, regulation 1.20KB of the Migration Regulations 1994 requires refusal of sponsorship if the sponsor has been charged with or convicted of a registrable child offence. This is a separate rule: a pending charge can matter without a conviction.

For convictions, narrow exceptions involve completing the sentence more than five years earlier and compelling circumstances. Home Affairs’ Measures for the protection of children explains this protection framework; police checks may be requested.

Applicant and family members aged 16 or over. Home Affairs’ Subclass 820 page requires an AFP certificate if they spent 12 months or more in Australia in the last 10 years since turning 16, and overseas certificates for each country where they spent 12 months or more in total in that period. Certificates are valid for 12 months. The partner-visa pages also instruct applicants to complete and attach Form 80; do not assume it is needed only after a request.
The correct Australian check. Home Affairs’ Character requirements for visas specifies an AFP National Police Check, Code 33 – Immigration/Citizenship. It states: “We do not accept state- or territory-issued police certificates.”
Sponsor certificates. Home Affairs’ Subclass 820 sponsor guidance requires a complete-disclosure AFP check plus overseas certificates. Under regulation 1.20KC(5)–(6), the Minister may request checks from countries where the sponsor lived for 12 months or more since the later of 10 years ago or age 16; failure to provide requested checks may lead to sponsorship refusal.
Certificates at the 801 stage. Home Affairs’ Subclass 801 page asks for an Australian certificate if none was provided for the 820, and overseas certificates for countries where the applicant spent 12 months or more since the 820 grant. Keep a separate residence timeline for this later period.

Disclosure of the sponsor’s convictions to the applicant

Under clauses 820.221(4)(b), 309.222(2) and 300.222(2) of the Migration Regulations 1994, grant requires the sponsor’s consent to the Department disclosing any relevant-offence conviction to each applicant covered by the sponsorship. Quashed or pardoned convictions are disregarded under the applicable provisions.

The purpose is to let the applicant learn about violence-related convictions before the visa ties them to the sponsor. Consent is not a substitute for sponsorship approval: both requirements need attention.

Facing cancellation on character grounds

A partner visa holder who does not pass the character test can face cancellation under s 501(2) of the Migration Act 1958, with natural justice, or the Minister’s personal national-interest power under s 501(3), without natural justice. Section 501(3A) requires cancellation in specified full-time-imprisonment cases involving a substantial criminal record or a child sex offence.

After mandatory cancellation, regulation 2.52 of the Migration Regulations 1994 provides 28 days to make representations seeking revocation. Treat the notice as urgent and give the lawyer the notice and notification details, not just a summary.

Home Affairs’ Form 1026i, Limitations on applications in Australia, explains that a s 501 refusal or cancellation since last arrival blocks further applications in Australia except a protection visa. For a later subclass 309 or 300 application, Schedule 5 special return criterion 5001 addresses earlier character cancellations, refusals and deportation.

Read the separate migration act s 501 guide for the broader character framework, and the visa cancellation guide for cancellation issues. Where criminal proceedings are still running, obtain advice about the migration consequences at the same time as criminal-law advice.

Common mistakes with character and police checks

Not declaring a charge, conviction or overseas record. Answer the questions fully. Materially false or misleading information can engage PIC 4020 of the Migration Regulations 1994; a PIC 4020(1) refusal involving the applicant or a family member can affect applications within the following three-year period.
Giving a state or territory police certificate. Home Affairs’ Character requirements for visas accepts only the AFP National Police Check, Code 33, for Australia.
Treating the two tests as one. Section 501(7) addresses the applicant’s substantial criminal record; regulations 1.20KC–1.20KD require a relevant-offence conviction and significant criminal record for the sponsor’s mandatory-refusal rule.
A sponsor declining consent to disclosure. The visa cannot be granted without the consent required by the Migration Regulations 1994.
Letting certificates expire. Home Affairs’ Subclass 820 guidance states that police certificates are valid for 12 months.
Ignoring a pending charge when a child is applying. Regulation 1.20KB covers charges for registrable child offences, not only convictions.

A lawyer’s character submission

An Australian migration lawyer can separate the applicant’s and sponsor’s tests, check sentencing records, reconcile declarations with police certificates and identify missing evidence. A submission should address the applicable decision factors rather than simply attach a certificate or describe the relationship as genuine.

Ask for a written quote distinguishing application-stage character work, sponsorship submissions and cancellation or revocation work. There is no verified fee figure available here for those services; the scope and urgency need to be established before you compare quotes.

A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, separate from the Home Affairs visa application charge.

Under regulations 1.20KC–1.20KD, a relevant-offence conviction plus a significant criminal record requires sponsorship refusal unless approval is reasonable. The sponsor also supplies police certificates and must consent to relevant-offence disclosure; a separate child-protection bar may apply.

Can you get an Australian partner visa with a criminal record?

Possibly. Under s 501 of the Migration Act 1958, a substantial criminal record means failure of the character test, but application-stage refusal remains discretionary; applicable Direction 110 considerations are weighed.

What police check is required for a partner visa?

Home Affairs specifies AFP Code 33 for Australia, plus overseas certificates where the residence thresholds apply: generally 12 months or more in total in the last 10 years since age 16. State certificates are not accepted.

How long is a police check valid for immigration?

Home Affairs’ Character requirements for visas states that police certificates are valid for 12 months from issue.

PartnerVisaLawyer.com.au is a guide to legal help with Australian partner visas, not a law firm. Where an applicant or sponsor has a record, ask an Australian migration lawyer to distinguish the section 501 and regulation 1.20KD tests, count sentences correctly and address the applicable decision factors.

Partner Visa Character Requirements for Applicants and Sponsors