Partner Visa Sponsorship Obligations

 

To apply for an onshore or offshore Partner Visa, you must be sponsored by either your de facto partner (with whom you have had a relationship for 12 months or more) or your spouse.

Your de facto partner or spouse must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, as stipulated by the Department of Home Affairs (‘Department’).

 

Partner Visa Sponsorship Requirements

 

Sponsors must provide the Department with an Australian and foreign police check when they apply for partner visa sponsorship and provide written consent to disclose any conviction for ‘relevant offences’ to you, the visa applicant.

A relevant offence includes:

  • Violence (murder, assault, sexual assault or threat of violence)
  • Harassment
  • Firearms or dangerous weapons
  • People smuggling
  • Human trafficking
  • Kidnapping, or
  • Attempting to commit any of these offences.

The Department will not refuse a visa application if your sponsor has a conviction for a relevant offence but no significant criminal record.

However, the Department will disclose such convictions to you, the visa applicant.

A significant criminal record includes:

  • A sentence to death
  • Life imprisonment
  • Imprisonment of 12 months or more, or
  • Two or more terms of imprisonment that total 12 months or more.

 

Sponsorship Requirements After Visa Approval

 

Once the visa has been approved, your sponsor must support you, the visa holder (and your children who are granted the Partner Visa) for the first two years after the Department has granted such visa.

Sponsors must provide accommodation and financial assistance for the duration of the visa grant.

If your sponsor does not comply with their obligations, the Department may cancel your visa.

 

Reporting Changes to the Department: Visa Holder & Sponsor Responsibilities

 

Finally, you and your sponsor must let the Department know of the following:

  • Changes to contact details
  • If the relationship ends, or
  • If your sponsor wishes to withdraw their partner visa sponsorship.

 

Contact Us

 

Contact Bambrick Legal to schedule a consultation with our migration team. We can confirm your eligibility and help you apply for your visa.

Read more about our Visa and Migration services here.

Related Blog – Partner Visa Sponsorship – Migration Amendment (Family Violence & Other Measures) Bill

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