From the above date the sponsor of a temporary partner visa will be asked to provide a police check on one or more occasions. If not provided, sponsorship will not be approved.
If the police check shows that the sponsor has a “significant criminal record” and the sponsor has been convicted of a “relevant offence(s)” the sponsorship will not be approved.
“Relevant offences” include violence including (without limitation), harassment, breach of violence restraining order, possession of dangerous weapons, people smuggling/trafficking and aiding and abetting such offences.
“Significant criminal record” includes being sentenced to imprisonment of 12 months or more or the sponsor has been sentenced to 2 or more terms of imprisonment if the total of these terms is 12 months or more.
Sentences served concurrently will be added to each other for purposes of calculating the 12 month limitation.
If a sponsor has been sentenced to periodic detention or residential schemes or programs the sponsor is taken to have been sentenced to a term of imprisonment equal to the number of days of the periodic detention or residential scheme or program.
If pardoned or set aside the sponsor will be taken to never had been convicted of the offence in question.
HOWEVER, despite a sponsor having been convicted of a “relevant offence” and the sponsor having a “significant criminal record”, the Minister MAY decide to approve the sponsorship. The Minister will have regard to the length of time since the sponsor completed the sentences the, best interests of the children of the sponsor or the applicant and the length of the relationship between the sponsor and applicant.
Rothstein Lawyers has extensive experience on character issues.
Uploaded 20 September 2016