Charged With a Criminal Offence After Partner Visa Lodgement: What Must You Do?

If a Partner Visa applicant is charged with a criminal offence after lodging the application, the charge should not be ignored simply because it did not exist when the original visa form was submitted. Character remains relevant until Home Affairs makes the visa decision, and applicants must keep material information accurate.

A criminal charge does not automatically mean the Partner Visa will be refused. The legal consequences depend on the nature of the charge, whether it results in conviction, the sentence, the applicant’s wider character history and the section 501 character framework.

Do you need to tell Home Affairs?

Yes, where the new event changes information relevant to the application. Home Affairs requires applicants to notify changes in circumstances before an application is finalised. Character questions ask about charges awaiting legal action as well as convictions, so a new pending charge can be material even before a court outcome.

A charge is not the same as a conviction

The Department should be given accurate information about the procedural status of the matter. Do not describe an allegation as a conviction if it has not resulted in one, but do not omit the charge merely because guilt has not yet been determined.

What documents may become relevant?

• Charge sheet or police document identifying the offence.
• Court hearing notices.
• Updated AFP or overseas police certificate where requested.
• Final court orders or sentencing documents if the matter concludes.
• A concise legal explanation of the status and outcome.
• Evidence relevant to rehabilitation or current conduct where appropriate.

What if the charge is dismissed?

Update Home Affairs with the final result. The existence of the earlier charge and the later dismissal should both be presented accurately. Do not assume the Department will automatically receive the final court outcome from another agency.

What if the applicant is convicted?

The case should then be assessed against the character test and any discretionary powers that may apply. Serious imprisonment, repeated offending, violence, sexual offences, organised crime or other high-risk conduct requires specialist character advice.

Illustrative case example: drink-driving charge after 309 lodgement

Composite example: An offshore 309 applicant was charged with a driving offence after the Partner Visa application had been lodged. The applicant initially wanted to wait until the criminal case was finalised before telling Home Affairs. Instead, the pending charge was disclosed with the available court material, and the Department was updated again when the matter concluded. The visa file remained accurate throughout the process.

Home Affairs’ character requirements guidance requires disclosure of charges awaiting legal action and convictions. For the broader visa pathway, see our Partner Visa hub.

General information only. Criminal charges and convictions can engage complex character provisions and should be assessed against the exact facts.