Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:11:p22
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 11 (pt 22/30)
Character Range: 165522–168162

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.

1.20KD  Prospective marriage and partner visas—definition of significant criminal record
 (1) For the purposes of regulation 1.20KC, a sponsor has a significant criminal record in relation to a relevant offence or relevant offences if, for that offence or those offences:
 (a) the sponsor has been sentenced to death; or
 (b) the sponsor has been sentenced to imprisonment for life; or
 (c) the sponsor has been sentenced to a term of imprisonment of 12 months or more; or
 (d) the sponsor has been sentenced to 2 or more terms of imprisonment, where the total of those terms is 12 months or more.

Concurrent sentences
 (2) For the purposes of subregulation (1), if a sponsor has been sentenced to 2 or more terms of imprisonment to be served concurrently (whether in whole or in part), the whole of each term is to be counted in working out the total of the terms.
Example: A sponsor is sentenced to 2 terms of 3 months imprisonment for 2 offences, to be served concurrently. For the purposes of subregulation (1), the total of those terms is 6 months.

Periodic detention
 (3) For the purposes of subregulation (1), if a sponsor has been sentenced to periodic