Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:11:p19
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 11 (pt 19/30)
Character Range: 157809–160605

sponsorship if:
 (a) the sponsor completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and
 (b) the sponsor has not been charged with a registrable offence since the sponsor completed that sentence; and
 (c) there are compelling circumstances affecting the sponsor or the applicant.
 (5) Despite subregulation (3), the Minister may decide to approve the sponsorship if:
 (a) the sponsor completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and
 (b) if the sponsor has been charged with a registrable offence since the sponsor completed that sentence—the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction; and
 (c) there are compelling circumstances affecting the sponsor or the applicant.
 (6) Subregulations (7) to (10) do not apply in relation to an application for any of the following visas:
 (a) a Partner (Temporary) (Class UK) visa;
 (b) a Prospective Marriage (Temporary) (Class TO) visa;
 (c) a Partner (Provisional) (Class UF) visa.

Spouse or de facto partner charged with registrable offence
 (7) If the spouse or de facto partner of the sponsor has been charged with a registrable offence, the Minister must refuse to approve the sponsorship of all of the applicants for the visa unless:
 (a) none of the applicants is under 18 at the time of the decision on the application for approval of the sponsorship; or
 (b) the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction.

Spouse or de facto partner convicted of registrable offence
 (8) Subject to subregulations (9) and (10), if the spouse or de facto partner of the sponsor has been convicted of a registrable offence, the Minister must refuse to approve the sponsorship of all of the applicants for the visa unless:
 (a) none of the applicants is under 18 at the time of the decision on the application for approval of the sponsorship; or
 (b) the conviction has been quashed or otherwise set aside.
 (9) Despite subregulation (8), the Minister may decide to approve the sponsorship if:
 (a) the spouse or de facto partner completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and
 (b) the spouse or de facto partner has not been charged with a registrable offence since the sponsor completed that sentence; and
 (c) there are compelling