The New Requirements of Marriage Visa Applications

in Migration Application Concerns
11 Sep 2017  |  0 Comments

Each year, hundreds of people migrate to Australia on a marriage visa. If you’re looking to sponsor your partner to come and live in Australia, there are a few recent changes to the rules that you should be aware of.

Until last year, the partner migrating to Australia had been responsible for proving they were of good character by providing police checks. But from November 2016, sponsors are also required to consent to a number of background checks to prove they don’t have any relevant criminal convictions before they are allowed to bring a partner into Australia.

It’s not only the background checks that sponsors are required to agree to. If you’re intending to sponsor a partner to migrate to Australia you will also need to consent to the disclosure of any relevant convictions to the visa applicant. This means your partner will be informed if police checks reveal you have any convictions that could be considered relevant to their welfare.

Why have these changes been brought in?

These changes have been implemented as a way to safeguard people coming into Australia on a partner visa. This is to reduce the likelihood of a vulnerable person being exploited or harmed by their partner once they come to Australia.

Convictions that are considered relevant include those for:

  • Violence and harassment.
  • Firearms or other weapons offences.
  • Human trafficking, slavery, kidnapping or unlawful confinement.
  • People smuggling.
  • Breaching an Apprehended Violence Order.

If a sponsor is found to have been convicted of any of these offences the information will be disclosed to their partner, so they can make an informed decision about whether they wish to continue with their application or not. In the event that a sponsor is found to have a relevant conviction along with a significant criminal record, the visa application will be refused.

A ‘significant’ criminal record is considered to be when a sponsor has been sentenced to one of the following:

  • Death.
  • Life imprisonment.
  • Imprisonment for 12 months or more.
  • At least two terms of imprisonment totalling 12 months or more between them.

What happens if I refuse to provide consent?

Unfortunately, if you refuse to provide consent to either obtaining the police checks or disclosing your criminal history to your partner, your visa application will be declined.

These new laws are in place to protect people who might be at risk once they have migrated to Australia, and reduce illegal activities like human trafficking and slavery. If you have any questions about spouse or family migration to Australia, contact Immigration Downunder.

Leave A Comment

Name *

Email * (will not be published)


Comment *

Please type the characters you see below

Visual verification
Hard to read? Click here for a new code.



Name  *
Phone  *
Email *

Please type the characters you see below

Visual verification
Hard to read? Click here for a new code.


Immigration Downunder - The Visa and Immigration Specialists