Sponsor Requirements For The Australian Partner Visa

11 May 2021
 Categories: , Blog

When applying for a partner visa, many applicants are confident of approval since they meet the eligibility criteria. Unknown to them, their sponsor (de facto partner or spouse) significantly influences their visa revocation or acceptance. So, what requirements should your sponsor meet? As a rule, your sponsor must be an Australian resident or permanent resident above 18 years of age. 

Below is a guide discussing other eligibility criteria for sponsors of the Australian partner visa. 

Relationship Status

The department will review your relationship to determine its authenticity. Typically, you must be married or in a de facto relationship that is more than one year old when applying for the visa. There are exemptions for de facto partners. For example, the one-year requirement could be set aside if your partner has applied for or holds a humanitarian visa. The same applies if you had registered your relationship in an Australian territory. 

The department will vet your partner to establish whether they are willing to live with you in the country. For instance, they would want to know if they own a home in the country or can support your stay before you secure employment in Australia. Besides, they will want to know the social aspects of your relationship and the nature of your household. Inconsistencies in the information they provide could nullify your visa application. 

Visa History

Your sponsor should not have sponsored someone else on a partner visa. If they have, they must wait for five years since the last sponsorship until they can sponsor someone else. Additionally, they can only sponsor two people on a partner visa. Once your visa is granted, you cannot change your sponsor for two years.  

Criminal History

The Department of Home Affairs expects your sponsor to disclose their criminal history. Ideally, they are required to provide a police check and a letter disclosing any offences that they have been convicted of in the past. 

Relevant offences include criminal activities such as drug possession, murder, rape, sexual assault, and human trafficking. A significant criminal record refers to a life or death sentence or imprisonment for over 12 months. If the sponsor has several sentences whose total duration is more than 12 months, it is still considered a significant criminal record. Suppose the sponsor has a relevant criminal record but does not have a significant criminal record. In that case, the department will inform you of their criminal history but will not reject your application. However, they will deny your request if the sponsor has a significant criminal record for a relevant offence.  

Reach out to a local immigration attorney to learn more about partner visas.