When Criminal Proceedings Trigger Sponsorship Obligations
A criminal charge can have significant immigration consequences, even before a court determines whether the allegations are proven. For approved parent sponsors of an 870 Sponsored Parent Visa, the consequences can extend beyond their own circumstances and affect the immigration status of their family members.
Under Australia’s parent sponsorship framework, approved sponsors have continuing legal obligations throughout the sponsorship period. One of those obligations is to notify the Department of Home Affairs within 28 days of being charged with certain criminal offences. Depending on the circumstances, that notification may prompt the Department to consider whether the sponsorship should continue.
The following case study demonstrates how timely legal advice, strict compliance with statutory obligations, and carefully prepared submissions helped preserve an approved parent sponsorship despite pending criminal proceedings.
Case Background
Our client had been a permanent resident of Australia for almost 20 years. In 2026, he successfully obtained approval as a Parent Sponsor, enabling his elderly parents to apply for Sponsored Parent (Temporary) visas.
Their visa applications were granted in May 2026, and they arrived in Australia the following month to begin living close to their son.
Only weeks after their arrival, our client became involved in a workplace incident that resulted in criminal charges being laid against him.
Although the allegations had not been determined by a court, they immediately engaged his ongoing obligations as an approved sponsor. He was legally required to notify the Department of Home Affairs within 28 days.
He sought legal advice without delay.
The Legal Issue: Sponsor Obligations Under the 870 Sponsored Parent Visa
An approved Parent Sponsor is subject to continuing statutory obligations under Australia’s migration framework. Those obligations do not end once the sponsored parents arrive in Australia.
Among other things, a sponsor must:
- notify the Department of Home Affairs within 28 days of being charged with a criminal offence;
- continue to satisfy the sponsorship eligibility requirements throughout the sponsorship period; and
- ensure there is no adverse information known to the Department unless it is reasonable for the Department to disregard that information.
The concept of adverse information is intentionally broad. It extends beyond criminal convictions and may include pending criminal proceedings or allegations that have not yet been determined by a court.
Where adverse information comes to the Department’s attention, it may consider whether to bar the sponsor, cancel the sponsorship, or take other action permitted under the Migration Regulations. Depending on the circumstances, those decisions can have significant consequences for the sponsored parents’ ability to remain in Australia.
Why This Matter Was Complex
This matter presented several competing legal considerations.
First, our client had no discretion as to whether he should notify the Department. Disclosure was mandatory, and failing to comply would itself have constituted a breach of his sponsorship obligations.
Secondly, the notification necessarily informed the Department of information capable of constituting adverse information under the Migration Regulations. Compliance with one legal obligation therefore exposed the sponsorship to review.
The matter was further complicated because one of the allegations involved intimidation, a category of conduct identified in the Department’s policy guidance as potentially weighing against a decision to disregard adverse information.
Importantly, however, the criminal proceedings remained at an early stage. No plea had been entered, no findings of fact had been made, no conviction had been recorded, and no apprehended violence order had been issued. The Department was therefore being asked to consider allegations that remained untested.
The practical consequences were also significant. Our client’s parents had only recently arrived in Australia. If the sponsorship were cancelled, their ability to continue holding their Sponsored Parent (Temporary) visas could have been placed at risk.
The challenge was therefore to ensure full compliance with the statutory notification obligation while demonstrating that the available information did not justify adverse action against the sponsorship.
How We Assisted
We notified the Department within the prescribed 28-day period, ensuring our client fully complied with his statutory obligations. Prompt and transparent disclosure became an important aspect of our client’s position rather than a separate compliance issue.
We prepared comprehensive submissions addressing the legislative framework and the Department’s published policy guidance. Rather than seeking sympathy or discretionary leniency, the submissions carefully analysed each relevant consideration informing the Department’s decision-making process.
A central issue was the distinction between allegations and established facts.
Our submissions emphasised that the criminal proceedings remained unresolved and that the Department should exercise caution in attaching significant weight to allegations that had not been tested before a court. We submitted that the Department was not being asked to determine the criminal proceedings but rather to assess the appropriate weight to be given to information that remained disputed.
We also presented substantial evidence of our client’s character and conduct over almost two decades of lawful residence in Australia.
That evidence included independent customer reviews relating to his business, records of charitable donations, and statutory declarations from his wife, parents and long-standing friends. Collectively, this material demonstrated a lengthy history of responsible conduct and positive contributions to the community.
The parent sponsorship regime exists to protect sponsored parents and safeguard the Australian community.
Our submissions demonstrated that our client continued to fulfil the objectives of the sponsorship framework. His parents were appropriately accommodated, financially supported and cared for, and there had been no failure to comply with any of his ongoing sponsorship obligations.
The Outcome: Preserving the 870 Sponsored Parent Visa Sponsorship
Following consideration of the notification and our supporting submissions, the Department advised that no further action would be taken in relation to the sponsorship.
Our client’s sponsorship remains in force, and his parents continue to reside in Australia on their Sponsored Parent (Temporary) visas.
While every matter turns on its own facts and circumstances, this outcome illustrates the importance of obtaining timely legal advice and preparing submissions that directly address the legislative framework, the Department’s policy guidance and the particular issues arising in the case.
Key Takeaways for Parent Sponsors
A criminal charge does not automatically result in sponsorship cancellation. Equally, complying with a statutory duty to notify the Department does not mean that adverse action will necessarily follow.
What matters is ensuring that disclosure obligations are met promptly, understanding the migration consequences that may arise, and presenting the Department with comprehensive submissions supported by appropriate evidence.
Early legal advice can be critical in managing these issues effectively.
Concerned About Your Sponsorship or Visa Status?
If you have been charged with a criminal offence, received correspondence from the Department of Home Affairs, or are concerned about your sponsorship or visa status, obtaining legal advice at an early stage is important.
Our migration lawyers regularly advise clients on sponsorship obligations, disclosure requirements, character issues and the potential immigration consequences of criminal proceedings. Where a matter also involves criminal proceedings, we can draw on Brightstone Legal’s dedicated criminal defence lawyers at Brightstone Legal for advice on that aspect of your case. We can assess your circumstances, explain your legal obligations, and prepare detailed submissions to the Department where appropriate.
To discuss your circumstances in confidence, contact our immigration lawyers today.
This article is based on real cases handled by immigration lawyers at Brightstone Migration. It was written and reviewed by Mei Guo, Partner Solicitor and Head of Immigration (Legal Practitioner Number: 5512368), to share practical insights and experience. The content is for reference only and does not constitute specific legal advice.
Last updated: 12/08/2026
