I have Character, Can I Sponsor My Child on a Child (SC101/802) Visa?

When applying for a child visa in Australia, the sponsor’s character is also assessed for the child visa (Subclass 101 or Subclass 802) application and can impact the visa outcome. The sponsor, usually a parent of the visa applicant who is an Australian citizen, permanent resident (PR), or eligible New Zealand citizen, must meet the character requirements. However, if the sponsor has an offence or criminal charges, how will that affect the child visa application?

What are the Considerations for the Sponsor’s Character?

Australian immigration prioritises the safety and well-being of individuals coming into the country. Before a child visa is granted, the sponsoring parent must prove that they can provide a safe and supportive environment for the child.

The Department of Home Affairs (DoHA) requires the sponsor to pass a character test, which evaluates the sponsor's criminal history and any past legal issues.
Sponsors must obtain a police clearance from the Australian Federal Police (AFP) and/or a police clearance from a foreign country if they have lived there for more than 12 months in the last 10 years. This is to demonstrate they do not pose a risk to the community or the applicant child.
If the sponsor has a criminal record, particularly serious convictions or any history of visa cancellations or breaches, it may potentially put the Child Visa application at risk of refusal.
Sponsors must fully disclose their criminal and legal history in the visa application process. Nondisclosure of any adverse information can result in a refusal due to PIC4020 or further processing delays.

What Steps Can I Take to Mitigate Character Issues?

If the sponsor has an offence or criminal charge, we highly suggest speaking with one of our Accredited Specialists in Immigration Law for tailored advice and addressing the sponsorship limitation issues for the child visa.
Our team of immigration lawyers specialises in highly complex matters. The team can put together a legal submission with laws, case studies, and supporting documentation to strengthen your claims.

How can Agape Henry Crux help?

A sponsor’s character plays an important role in the decision-making process regarding the Child Visa application. Speak to one of our Accredited Specialists in Immigration Law - Jason Ling or Angela De Silva at Agape Henry Crux for tailored advice and strategising the best visa pathway. Our team of immigration lawyers specialise in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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Character and Family Visas Approval