If you’re planning to apply for a Partner Visa (Subclass 820/801) so you and your partner can live in Australia together, it’s essential to understand not only the standard eligibility requirements but also the sponsorship limitations and how criminal convictions can affect both the sponsor and applicant.
This comprehensive guide by Tolic Lawyers, Sydney migration lawyers, explains these critical issues, outlines the steps you need to take, and identifies what to watch out for — so you can prepare a strong, decision-ready application.
What is the Subclass 820/801 Partner Visa Pathway?
The Subclass 820/801 pathway allows a partner of an Australian citizen, permanent resident or eligible New Zealand citizen to apply for temporary residency (820) followed by permanent residency (801).
It imperative to note that your sponsor must first meet sponsorship obligations and limitations, and both you (the applicant) and the sponsor must satisfy the character (criminal record) requirements.
Sponsorship Limitations: What Sponsors Need to Know
Lifetime Cap & Waiting Period
- Your sponsor can generally sponsor a maximum of two partners for Partner or Prospective Marriage Visas in their lifetime.
- If a sponsor has previously sponsored someone they may need to wait five years from the date the earlier sponsorship application was lodged before sponsoring again, unless the sponsor is eligible for a waiver.
- A waiver may apply if you a have dependent child together,the sponsor’s previous partner has passed away, the previous spouse has abandoned the sponsor, leaving them with children who need care or the new relationship is very long-standing.
Criminal / Character-Related Sponsorship Limitations
- All offences must be disclosed and will be assessed by immigration including the legth of time that has passed.
- If a sponsor has a significant criminal record involving relevant offences (ie. violence, child abuse, trafficking, firearms offences) then the sponsorship may be refused.
- A sponsorship cannot be approved if the sponsor has a registrable offence under state child-offender laws unless special waiver/compelling-circumstances apply.
Criminal Convictions: Impact on partner visa application
Character Requirements for the Applicant
Both the visa applicant and the sponsor must meet character requirements under the s501 of Migration Act 1958 and regulations and for applicant, this includes providing police certificates from every country where they’ve lived for 12 months or more in the last 10 years.
If there are criminal convictions, the Department of Home Affairs will assess factors such as:
- The seriousness of the offences;
- Whether there has been imprisonment of 12 months or more for the applicant or sponsor.
- Rehabilitation, ties to Australia and prior and current conduct amongst many requirements under s501 of Migration Act 1958 and for applicant further consideration under Ministerial Direction 110.
How to Prepare a Strong Partner Visa Application
1. Conduct Early Checks
- Confirm whether your sponsor has ever used up their two-sponsorship lifetime cap for partner visa
- Sponsor to provide full disclosure of any criminal history.
- Identify whether the sponsor’s past offences fall under the category of relevant offences or registrable offences
2. Honest Disclosure
- Always provide full dislcosure, omitting or falsifying information can lead to refusal or cancellation.
- Provide full police certificates as required.
3. Evidence of Rehabilitation & Mitigating Circumstances
If there are convictions:
- Submit evidence of rehabilitation (community work, steady employment, time elapsed since sentence).
- Show the length and stability of the relationship, presence of Australian children, hardship if visa denied, etc.
- If awaiting waiver, prepare a strong case for compelling or compassionate circumstances adressing Ministerial Direction 110 factors.
4. Keep Everything Organised and Decision-Ready
- Ensure your relationship evidence is complete (joint finances, household, social, commitment).
- Engage a migration lawyer if there are complex issues like criminal history or past visa refusals.
*A sponsorship application must be approved which is a requirement part of Partner visa application.
Why Choose Tolic Lawyers for Your Partner Visa Application
At Tolic Lawyers in Sydney, our migration team specialises in Partner Visas (820/801 & 309/100). We help you:
- Navigate sponsorship limitations and character issues;
- Prepare evidence for complex cases involving criminal history;
- Submit “decision-ready” applications that anticipate problems;
- Provide full service across all Australian states and territories.
? Book your consultation today or call (02) 8077 2562 for personalised legal guidance.
Disclaimer: This article is accurate as of 2025; however migration laws and policies may change over time. The content is for general educational purposes only and does not constitute legal advice. Always seek personalised guidance from a registered migration lawyer or agent before lodging or varying any visa application.
