Character is another significant assessment that is undertaken by the Department when assessing a sponsorship application for a partner visa. If the sponsor has a conviction or outstanding charge for a registrable offence the sponsorship will generally be refused unless you can provide evidence of compelling circumstances.

What are registrable offences?

Registrable offences are considered serious offences by the Australian government and include any form of criminal history that may pose significant risk to a child.

In summary a registrable offence relates to an offence that primarily comprise of:

• Sexual of physical assault of a child; or
• Child pornography and
• Child prostitution.

In certain circumstances, migration law allows for a waiver of sponsorship limitations depending on the particular circumstances.

A summary of the waivers available are as follows:

• If the applicant and their sponsor have a dependent child is dependent on each of them;
• The previous spouse has abandoned the sponsor and there are children dependent on the sponsor requiring care and support;
• The death of the previous partner; and
• Evidence of a new long-standing relationship

If your limitation is based on being convicted of a registrable offence, waivers can be considered in the following circumstances:

• The sponsor completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole or licence) and more than five years before the date of the sponsorship application was lodged has passed; and
• The sponsor has not been charged with a registrable offence since completion of that sentence, or if the sponsor has been charged with a registrable offence since the completion of that sentence, the charge has been withdrawn, dismissed, or otherwise disposed of without the recording of a conviction, or
• There are compelling circumstances affecting the sponsor and the visa applicant that should be taken into consideration.