# Limitation on approval of sponsorship—prospective marriage and partner visas

> reg-1.20KC — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

1.20KC Limitation on approval of sponsorship—prospective marriage and
         partner visas

               Applications for which visas?
          (1) This regulation applies in relation to the approval of a sponsorship for one or
              more applications for any of the following visas:
               (a) a Prospective Marriage (Temporary) (Class TO) visa;
               (b) a Partner (Provisional) (Class UF) visa;
               (c) a Partner (Temporary) (Class UK) visa.

               Relevant offences
          (2) This regulation applies in relation to an offence (a relevant offence) against a
              law of the Commonwealth, a State, a Territory or a foreign country, involving
              any of the following matters:
                (a) violence against a person, including (without limitation) murder, assault,
                     sexual assault and the threat of violence;
                (b) the harassment, molestation, intimidation or stalking of a person;
                (c) the breach of an apprehended violence order, or a similar order, issued
                     under a law of a State, a Territory or a foreign country;
                (d) firearms or other dangerous weapons;
                (e) people smuggling;
                 (f) human trafficking, slavery or slavery-like practices (including forced
                     marriage), kidnapping or unlawful confinement;
                (g) attempting to commit an offence involving any of the matters mentioned in
                     paragraphs (a) to (f), or paragraph (h);
                (h) aiding, abetting, counselling or procuring the commission of an offence
                     involving any of the matters mentioned in paragraphs (a) to (g).









               Sponsor has significant criminal record in relation to relevant offence
          (3) The Minister must refuse to approve the sponsorship of each applicant for the
              visa if:
                (a) the sponsor has been convicted of a relevant offence or relevant offences;
                     and
               (b) the sponsor has a significant criminal record in relation to the relevant
                     offence or relevant offences (see regulation 1.20KD).
          (4) Despite subregulation (3), the Minister may decide to approve the sponsorship if
              the Minister considers it reasonable to do so, having regard to matters including
              the following (without limitation):
                (a) the length of time since the sponsor completed the sentence (or sentences)
                    for the relevant offence or relevant offences;
                (b) the best interests of the following:
                      (i) any children of the sponsor;
                     (ii) any children of the applicant who is seeking to satisfy the primary
                          criteria for the grant of the visa concerned;
                (c) the length of the relationship between the sponsor and the applicant who is
                    seeking to satisfy the primary criteria for the grant of the visa concerned.

               Police check
          (5) To determine whether a sponsor has been convicted of a relevant offence, and
              whether the sponsor has a significant criminal record in relation to a relevant
              offence, the Minister may, on one or more occasions, request the sponsor to
              provide a police check relating to the sponsor from any, or all, of the following:
                (a) a jurisdiction in Australia specified in the request;
               (b) a foreign country, specified in the request, in which the sponsor has lived
                    for a period, or a total period, of at least 12 months since the latest of the
                    following dates:
                      (i) 10 years before the date of the request;
                     (ii) the date the sponsor turned 16.
          (6) In addition to subregulation (3), the Minister may refuse to approve the
              sponsorship of each applicant for the visa if:
                (a) the Minister has requested a police check from the sponsor under
                    subregulation (5); and
                (b) the sponsor does not provide the police check within a reasonable time.