Partner Visa AFP Police Check

The AFP police check partner visa applicants provide is one of the documents most often requested in an Australian partner visa application, and one of the easiest to get wrong. This guide explains which Australian Federal Police check to order, how to complete the AFP form for immigration purposes, who needs one, and when the Department of Home Affairs is likely to ask for it.

The AFP police check partner visa requirement looks simple. In practice, applicants regularly order a check for the wrong purpose, obtain a state police check instead, leave out a former surname, or upload a certificate that has expired by the time the case officer reaches the file. Each of these mistakes can lead to a further request, delay, or in some cases a refusal that then has to be fixed on review.

The information below applies across the partner visa family: the onshore Subclass 820 and Subclass 801 partner visa, the offshore Subclass 309 and Subclass 100 partner visa and the Subclass 300 Prospective Marriage visa. The wider framework is set out in the firm's complete guide to partner visas in Australia.

What is the AFP police check for a partner visa?

The AFP police check for a partner visa is the Australian National Police Check issued by the Australian Federal Police, obtained for immigration purposes so that it can be supplied to the Department of Home Affairs. It is the Australian police certificate the Department uses to assess whether a partner visa applicant meets the character requirements.

The National Police Check draws on information from all Australian police services. It lists disclosable court outcomes from every state and territory, not only Commonwealth matters. That is why a single AFP certificate covers the whole of Australia, and why the Department asks for the AFP check rather than separate checks from each state.

For a partner visa, the AFP police check partner visa document is part of the character assessment under the public interest criteria in Schedule 4 of the Migration Regulations 1994. Partner visa applicants must satisfy public interest criterion 4001, which deals with the character test, together with other public interest criteria. Police certificates are the main evidence the Department uses to decide whether that criterion is met.

The AFP check sits alongside other character documents. The Department may also ask for Form 80, the personal particulars form, and for police certificates from other countries. All of these documents are read together.

How the AFP check differs from a state police check

The AFP National Police Check is a national check, and for immigration purposes it is issued as a Complete Disclosure certificate. A state or territory police check is usually obtained for employment or licensing, and is often issued with a narrower level of disclosure. That difference is the reason state checks cause problems in partner visa applications.

Departmental policy for partner and family sponsorship states that the required police certificate for Australia is an Australian National Police Check obtained from the Australian Federal Police, and that it must be a Complete Disclosure certificate. The same policy states that a certificate marked "Standard Disclosure" is not acceptable, and that if an AFP certificate is provided based on incorrect information, or is not a Complete Disclosure certificate, the Department may request another certificate.

A police check obtained for a job, a volunteer role or a working with children application is usually ordered for a different purpose. Even where it comes from the AFP, it may not show every recorded offence. The AFP police check partner visa applicants lodge should therefore be ordered specifically for immigration, not reused from an employment check.

Why "it came back clear" is not the test

Applicants sometimes assume that an employment check with no recorded outcomes can be used because there is nothing on it. That assumption is risky. The Department assesses the type of certificate as well as its result. A certificate issued at the wrong level of disclosure may be rejected even where it shows nothing, and a new AFP police check partner visa request will follow.

Which AFP check to request for a partner visa

The AFP check to request for a partner visa is a National Police Check for immigration purposes. When the AFP online application asks for the purpose type, the Department's instructions say to select "Commonwealth employment / purpose". When it asks for the purpose of the check, the Department's instructions say to use code 33, which is the immigration and citizenship purpose.

Departmental policy explains the effect of that choice. Selecting the immigration and citizenship purpose online, or Code 33 on a paper form, results in a Complete Disclosure certificate. Complete Disclosure means all recorded offences are released. That is the level of disclosure the Department requires for a visa.

Getting this step right is the single most important part of the AFP police check partner visa process. The AFP itself states that it is up to the applicant to make sure the check is suitable for the purpose for which it is needed. If the purpose is selected incorrectly, the AFP will not fix it later, and a new check will have to be ordered.

The details to enter carefully

The AFP application asks for personal details, identity documents and every name the applicant has used. The details should match the passport and the visa application exactly. In particular:

• Full legal name. The name should be entered exactly as it appears in the passport used for the partner visa.
• Other names. Every former name, including a surname used during a previous marriage, a name used before a change by deed poll, and alternative spellings or transliterations, should be listed.
• Date and place of birth. These should match the passport and the birth certificate.
• Identity documents. The AFP asks for identity documents to confirm who the applicant is. The passport used for the partner visa should be one of them where possible.

An AFP police check partner visa certificate issued in a name that does not match the application, or that leaves out a former name, may not be accepted as a complete check of the applicant's history.

Is the AFP police check name-based or fingerprint-based?

The AFP National Police Check for a partner visa is name-based. Departmental policy states that fingerprints are not required for the National Police Check. The AFP searches its records using the names, date of birth and other details the applicant provides.

The AFP does offer fingerprint-based checks for some purposes, such as certain overseas visa applications. Those checks are not what the Department of Home Affairs asks for in an Australian partner visa. Ordering a fingerprint check through a third party, when a name-based immigration check is required, adds delay without helping the application.

Because the check is name-based, accuracy of the name history matters. A person with a common name, or a name that has been written in different ways in different documents, should list every version. That is what allows the AFP to search the right records and the Department to rely on the result.

Fingerprints are relevant to a partner visa in a different way. The Department may ask an applicant to provide biometrics, which can include a facial image and fingerprints, as part of identity checking. Biometrics collection is separate from the AFP police check partner visa document and should not be confused with it.

Who needs an AFP police check for a partner visa?

Working out who needs a check is the first AFP police check partner visa planning step. The partner visa applicant needs an AFP police check, and so do family members included in the application who have reached the age at which the character requirements apply, where they have spent the relevant period in Australia. The Department may also ask the sponsor for police certificates in some circumstances.

The primary applicant

The primary applicant is the person applying for the partner visa. An onshore applicant who has been living in Australia will almost always need an AFP police check. An offshore applicant who has lived in Australia for 12 months or more in total in the relevant period, for example as a student or working holiday maker, will usually also need one, together with certificates from the other countries where they have lived.

Family members included in the application

A partner visa application can include dependent children and, in limited cases, other dependent family members. Each family member who is included in the application and who has reached the relevant age is assessed against the character requirements and may need their own AFP police check. Departmental policy refers to periods of 12 months or more since the person turned 16, which is why the AFP police check partner visa question usually arises for family members aged 16 and over.

The sponsor, briefly

The sponsor is not usually asked for an AFP check simply because they are sponsoring a partner. The position is different where a child under 18 is included in the application. In that case, departmental policy requires the sponsor to provide an AFP National Police Check if they have spent 12 months or more in total in Australia since turning 16, and police certificates from other countries where they have spent 12 months or more in total during the last 10 years since turning 16. Sponsors should use the same immigration purpose and include every name they have been known by.

Limits on who can sponsor, including limits linked to certain criminal convictions, are covered on the firm's partner visa sponsorship limitations page and in the article on when a sponsor cannot sponsor a partner visa. This guide focuses on the applicant's AFP police check partner visa obligations.

How to apply for an AFP police check for a partner visa

The AFP police check for a partner visa is applied for through the AFP National Police Check application, which is completed online. The steps below follow the Department's instructions for immigration checks. Following them in order avoids most AFP police check partner visa errors.

• Gather identity documents. Have the passport used in the partner visa application ready, together with other identity documents the AFP asks for.
• List every name used. Write down the full legal name and every other name, surname and spelling used, before starting the form.
• Select the purpose type. When asked for the purpose type, select "Commonwealth employment / purpose", as the Department instructs.
• Select the purpose of the check. When asked for the purpose of the check, use code 33, the immigration and citizenship purpose.
• Enter the address history. Enter addresses accurately. They should match the address history given in the visa application and Form 80.
• Check everything before submitting. Read the form again before payment and submission. A mistake in the purpose or the name cannot be fixed after the certificate issues.
• Keep the certificate safe. When the certificate arrives, check the name, date of birth, purpose and level of disclosure before uploading it.

Where the applicant has appointed a representative, the representative can explain these steps and check the details before the form is submitted. The firm's article on when you need an immigration lawyer for a partner visa explains when that help is useful, and the overview of the partner visa lawyer role in Australia sets out what a lawyer does on a partner visa file.

Checking the certificate when it arrives

An AFP police check partner visa certificate should be checked on the day it is received. The applicant should confirm that the name and date of birth are correct, that the certificate states it was issued for immigration or citizenship purposes, and that it is a Complete Disclosure certificate. If any of these is wrong, a new check should be ordered before the certificate is lodged, not after the Department raises it.

Applicants preparing their first application can also use the firm's partner visa document checklist, which places the police check alongside the identity, relationship and health documents.

AFP police check partner visa timing: when to apply

The best time to obtain an AFP police check for a partner visa is close to lodgement, or when the Department asks for it. A certificate obtained many months before lodgement may be close to expiry by the time a case officer assesses the file, and the Department can ask for a new one.

There is no benefit in ordering the check a long time in advance. The Department needs a current certificate at the time it assesses the character requirements. AFP police check partner visa timing is therefore about making sure the certificate is still current when it matters, not about getting it done as early as possible.

At lodgement

When a partner visa is lodged online, ImmiAccount generates a list of recommended documents for each applicant. Police certificates usually appear in that list. Many applicants attach their AFP police check at lodgement, which can avoid a later request. That approach works well where the certificate is recent. If you have not yet set up your online account, the guide on how to create an ImmiAccount explains the process.

After lodgement

If the certificate is not attached, or has expired, the Department may ask for it later. That request is usually made under section 56 of the Migration Act 1958, which allows the Department to invite an applicant to give additional information. The request states what is required and the time allowed to respond. The firm's article on responding to a section 56 request for more information explains how these requests work.

An AFP police check partner visa request often arrives together with requests for overseas police certificates, health examinations or Form 80. These should be handled together, from one accurate timeline of where the applicant has lived.

Uploading the AFP police check to ImmiAccount

The AFP police check partner visa certificate is uploaded to ImmiAccount against the correct applicant. Each family member's certificate should be attached to that person, not to the primary applicant. The document type should be the character or police certificate category. A clear, complete copy of every page should be uploaded, and the original should be kept.

Where a representative has been appointed with Form 956 or Form 956A, the Department usually sends requests to the representative. The applicant should still keep their own copy of every certificate. If the applicant changes address, passport or name while the application is being processed, the Department must be told, and a new AFP police check partner visa certificate in the new name may be needed.

How long is an AFP police check valid for a partner visa?

An AFP police check for a partner visa is generally treated as valid for 12 months from the date it is issued. Departmental policy for partner visas refers to a "current penal clearance (generally valid for 12 months)". After that period, the Department may ask for a new certificate before it decides the application.

The certificate itself records the date on which it was issued. The case officer will look at that date. A certificate that was current at lodgement can become out of date during processing, particularly where the application takes some time to be assessed. That is not a mistake by the applicant, but it does mean a further AFP police check partner visa request is common in longer applications.

The practical advice is simple:

• Obtain the check close to lodgement if it will be attached at lodgement.
• Do not reuse an old certificate from an earlier visa application unless it is still current.
• If a request arrives, order a new immigration check promptly, rather than sending a certificate that is about to expire.
• Keep a copy of every certificate lodged, with the date it was uploaded.

Overseas police certificates alongside the AFP check

The AFP police check covers Australia only, so the AFP police check partner visa document is rarely the only police certificate in the file. Partner visa applicants who have lived elsewhere must also provide police certificates from those countries. The general rule applied in departmental policy is a certificate from each country in which the person has spent 12 months or more in total during the last 10 years since turning 16.

The 12-month period is cumulative. Several shorter stays in the same country can add up to 12 months. Applicants should count all of their time in each country, not only their longest continuous stay.

Overseas police certificates must be obtained from the proper authority in each country. The process, the name of the certificate and the authority that issues it differ from country to country. A certificate that is not in English must be accompanied by an accurate English translation. Applicants should check the Department's country information before applying, because a certificate from the wrong authority may not be accepted.

The AFP police check partner visa applicants provide and their overseas certificates should be consistent with each other and with the address history in the application. If the address history shows a period of more than 12 months in a country, the Department will expect a certificate from that country, or an explanation of why one cannot be obtained.

When an overseas certificate cannot be obtained

Some countries do not issue police certificates to people who are not present there, or have no working procedure for issuing them. Departmental policy recognises that this can happen and sets out a separate process for dealing with it. Where a certificate genuinely cannot be obtained, the applicant should keep evidence of every attempt made, and explain the position in writing rather than simply leaving the certificate out.

AFP police check partner visa requests at the permanent stage

The Department can ask for a new AFP police check when it assesses the permanent stage of a partner visa. For the Subclass 801 and Subclass 100 visas, departmental policy states that applicants must provide a current penal clearance, generally valid for 12 months, for any country they have lived in for a cumulative period of 12 months or more since being granted the temporary or provisional visa.

For onshore couples, this usually means a new AFP police check when the Subclass 801 stage is assessed, generally about two years after the combined application was lodged. The article on Subclass 820 and Subclass 801 explains how the two stages fit together.

A family member who was too young to need a police check at the first stage, but who has since reached the relevant age, may also need one at the permanent stage. The permanent stage AFP police check partner visa request is ordered in exactly the same way as the first one: immigration purpose, Complete Disclosure, every name listed.

What the AFP police check result means for a partner visa

Most AFP police check partner visa certificates show that there are no disclosable court outcomes. Where the certificate lists one or more outcomes, the Department will consider them under the character requirements. A listed outcome is not an automatic refusal, but it must be dealt with carefully. Where an earlier visa refusal is also part of the history, the firm's article on applying for a partner visa after a visa refusal explains how earlier adverse decisions can interact with a new application.

The character test and section 501

The character test is set out in section 501 of the Migration Act 1958. A person does not pass the character test if, among other things, they have a substantial criminal record. Under section 501(7), a substantial criminal record includes being sentenced to a term of imprisonment of 12 months or more. The character test also covers other grounds, such as past and present criminal or general conduct and the risk of certain future conduct.

Where a partner visa applicant does not pass the character test, the Department may refuse the visa under section 501. Departmental policy refers potential character cases to a specialist area for assessment. A refusal under section 501 is a serious decision with long-term effects, so a disclosable outcome on an AFP police check partner visa certificate should be assessed carefully, before any response is sent. The firm's page on partner visa refusals explains how character refusals are approached.

Public interest criterion 4001

Public interest criterion 4001 is the character criterion that partner visa applicants must satisfy. In broad terms, it can be met where the applicant passes the character test, where the Department is satisfied after appropriate inquiries that there is nothing to suggest the applicant does not pass it, or where the Minister has decided not to refuse the visa despite a character concern. The AFP police check is one of the main sources of information for that assessment.

Charges, cautions and outcomes without a conviction

The National Police Check reports disclosable court outcomes. A matter that ended without a recorded conviction, or a charge that was withdrawn, may still be relevant to the questions in the visa application and Form 80, which are often framed more broadly than convictions. The application should be answered according to the exact wording of each question, not according to what the applicant expects the certificate to show.

Spent convictions and the AFP police check for a partner visa

A spent conviction can still be relevant to a partner visa. This is one of the most misunderstood AFP police check partner visa issues. Australian spent convictions laws generally allow a person not to disclose an old minor conviction in many settings, such as some employment checks. Immigration is treated differently. The immigration purpose produces a Complete Disclosure certificate, which releases all recorded offences, and the Department's character questions ask about convictions in any country.

Departmental forms make this clear. Some character questions ask whether the person has been convicted of an offence in any country, "including any conviction which is now removed from official records". An applicant who answers those questions on the basis that an old conviction is spent, and therefore not mentioned, risks giving an incorrect answer.

The safest course is to assume that every conviction will appear on the AFP police check partner visa certificate and must be disclosed in the application where the question asks for it. Where a conviction has been quashed or the person has been pardoned, the position is different, and specific advice should be obtained.

The duty to answer character questions correctly

A partner visa applicant must answer every question in the application form and must not give incorrect answers. That obligation sits in Division 3 of Part 2 of the Migration Act 1958. It applies to the character questions as much as to any other part of the form.

The AFP police check partner visa certificate will be compared with those answers. If the application says "no" to a question about convictions, and the certificate shows a conviction, the Department now has two issues: the conviction itself, and an incorrect answer. An incorrect answer can engage public interest criterion 4020, the integrity criterion, which can lead to refusal where information is false or misleading in a material particular.

The same consistency applies to Form 80. Form 80 asks detailed questions about charges, convictions and other conduct. Its answers, the application form answers and the AFP police check result should all tell the same story. The firm's guide to Form 80 explains the character part of that form.

Applicants who realise that an earlier answer was wrong should correct it promptly. A change in circumstances after lodgement, such as a new charge, must be notified using Form 1022 for a change of circumstances. An answer that was wrong when it was given is corrected with Form 1023, the notification of incorrect answers.

An AFP police check partner visa checklist before you upload

Before an AFP police check partner visa certificate is uploaded, it is worth running through a short checklist. Each item below reflects a reason the Department commonly asks for a new certificate.

• The certificate is the AFP National Police Check, not a state check.
• It was ordered for immigration purposes and is a Complete Disclosure certificate.
• The name and date of birth match the passport used in the application.
• Every other name used appears on the certificate or in the application details.
• The issue date is recent enough to remain current when the file is assessed.
• A separate certificate exists for each family member who needs one.
• Overseas certificates are ready for each country where the person has spent 12 months or more in total in the last 10 years since turning 16.
• The character answers in the application form and Form 80 match what the certificate shows.

The police check is only one part of the file. The firm's partner visa document checklist, the 820 partner visa evidence checklist and the guide to preparing evidence of a genuine relationship show how the character documents fit with the identity and relationship evidence. Couples who are still deciding whether to apply onshore can read the Subclass 820 visa guide and the overview on the firm's Subclass 820 visa page.

Illustrative AFP police check partner visa scenarios

The scenarios below are generic illustrations, not accounts of any client. They show how ordinary facts can turn an AFP police check partner visa document into a problem.

The employment check

An applicant has a recent police check obtained for a new job. It shows nothing. The applicant uploads it to the partner visa. The certificate was ordered for employment and issued at Standard Disclosure. The Department asks for a new AFP check for immigration purposes, and the time spent waiting is lost.

The former surname

An applicant who was previously married used a former spouse's surname for several years. The AFP check is ordered in the current name only. The Department notices the former name in the passport history and asks for a new AFP police check that includes all names used.

The old conviction

An applicant had a minor conviction many years ago and was told it was spent. The applicant answers "no" to the conviction questions in the application. The Complete Disclosure certificate shows the conviction. The conviction itself may never have caused a problem. The incorrect answer now raises a separate integrity issue that must be explained.

Common AFP police check partner visa mistakes

Most AFP police check partner visa problems come from a small number of avoidable mistakes. Each one can lead to a new request, delay, or a refusal that must later be addressed on review.

• Selecting the wrong purpose. A check ordered for employment or volunteering may not be issued at Complete Disclosure. The immigration purpose, code 33, should be selected.
• Using a state police check. The Department requires the AFP National Police Check for Australia. A state check obtained for a job is usually not a substitute.
• Leaving out names. Every name used, including former surnames and different spellings, should be listed on the AFP application.
• Lodging an old certificate. A certificate older than about 12 months is likely to prompt a further request.
• Forgetting family members. Each family member included in the application who has reached the relevant age may need their own check.
• Missing overseas certificates. The AFP check covers Australia only. Certificates are needed from other countries where the person has spent 12 months or more in total in the last 10 years since turning 16.
• Inconsistent character answers. The application form, Form 80 and the certificate must be consistent. A "no" answer contradicted by the certificate is a serious problem.
• Ignoring a request deadline. A section 56 request states the time allowed to respond. If it passes, the Department can decide the application without the certificate.
• Using an unofficial provider without checking the purpose. Some third parties offer police checks online. The applicant remains responsible for making sure the check ordered is the AFP immigration check.

Many of these issues are also discussed in the firm's articles on why partner visas get refused and the most common reasons Subclass 820 partner visas are refused.

Explaining a disclosable outcome on an AFP police check

Where an AFP police check partner visa certificate lists a court outcome, the applicant should not wait for the Department to ask about it. A short, accurate explanation, supported by documents, allows the case officer to assess the matter on the full facts rather than on the certificate alone.

The documents that usually help are those that show what actually happened and what has happened since. They can include court records showing the charge, the plea, the outcome and any penalty; sentencing remarks where they exist; evidence that any penalty, fine or order has been completed; and evidence of the person's life since the offence, such as employment, study, community involvement and references. Where the outcome was overseas, the equivalent records from that country are relevant.

The explanation must be the applicant's own account and must be accurate. It should not minimise the offence or contradict the court record. A statement that the Department can check against the documents is far more useful than one that tries to explain the matter away. Where the outcome may engage section 501, the response should be prepared with particular care, because the decision can affect future visa applications as well as this one.

The partner relationship itself can be relevant to that assessment. Where the character test is engaged, the Department considers a range of matters, and the interests of an Australian partner and any Australian children can form part of the material put forward. How that material is presented depends on the facts, and the AFP police check partner visa response should be prepared with that in mind.

What Tribunal decisions show about police checks

Police checks appear regularly in partner visa review decisions. Several Tribunal decisions involving partner visas were remitted to the Department for reconsideration where the reported issue concerned police certificates. Remittal means the Tribunal sent the matter back to the Department to decide again. It does not mean the visa was granted.

In Sesay (Migration) [2024] AATA 28, a Subclass 309 matter that the Tribunal remitted, the reported issue was criminal history and an updated Australian Federal Police National Police Certificate provided upon review. In Lou (Migration) [2019] AATA 4665, a Subclass 820 matter that the Tribunal remitted, the reported issue was public interest criterion 4001, an authorised criminal clearance certificate not provided to the delegate, and a Canadian police certificate provided to the Tribunal. In Hansantiatanaded (Migration) [2022] AATA 596, a Subclass 820 matter that the Tribunal remitted, the reported issues included criminal history statements, a police certificate from the home country provided to the Department, and an AFP national police certificate provided to the Tribunal showing no disclosable court outcomes.

The lesson from these decisions is practical. Missing or outdated police certificates are a recurring reason for partner visa matters reaching the Tribunal. A current, correctly ordered AFP police check partner visa certificate provided at the right time is far better than one produced after a refusal.

When an AFP police check issue leads to refusal or review

Where the Department refuses a partner visa because a police certificate was not provided, because the character requirements are not met, or because an answer was found to be incorrect, review may be available at the Administrative Review Tribunal. Refusals under section 501 follow a different path, and the review rights and time limits depend on the decision.

Review deadlines are short and strictly applied. Anyone who receives a refusal should obtain advice immediately. The firm's pages on partner visa refusals and visa refusals generally, and its articles on partner visa refusal appeal options, what to expect at an ART review and when you need a visa appeal lawyer, explain the process.

Before a refusal, the Department will usually give the applicant a chance to comment on adverse information. The article on the section 57 natural justice letter for a partner visa explains how to respond. Where a visa has already been granted and a character issue arises later, the firm's visa cancellations page explains the position.

The AFP police check partner visa process for onshore and offshore applicants

The AFP police check partner visa process is the same whichever subclass is involved, although AFP police check partner visa timing differs between the onshore and offshore streams. The differences lie in which countries need certificates and when the check is usually requested.

• Subclass 820 and Subclass 801 (onshore). The applicant is in Australia and usually needs an AFP check at the first stage, and often again at the permanent stage. The articles on the Subclass 820 visa, the Subclass 820 requirements and documents and the Subclass 820 partner visa guide set out the wider requirements.
• Subclass 309 and Subclass 100 (offshore). The applicant is outside Australia. An AFP check is needed where the applicant has spent the relevant period in Australia, for example on a student or visitor visa. Overseas certificates are usually more significant.
• Subclass 300 (Prospective Marriage). The applicant is outside Australia, and the same rules about Australian and overseas certificates apply.

Applicants who moved from a visitor visa to a partner visa should read the article on moving from a tourist visa to a partner visa in Australia. Same-sex couples follow the same AFP police check process, and the firm's LGBTI partner visa page covers issues specific to those applications.

Applicants without a substantive visa

Some onshore applicants do not hold a substantive visa when they apply and must address the Schedule 3 criteria. A past conviction can be part of that history and can affect how the Schedule 3 submissions are framed. The firm's Schedule 3 waiver page and the articles on Schedule 3 criteria for unlawful applicants and the Schedule 3 partner visa waiver explain the requirements. Applicants whose last visa carried condition 8503 should read about applying for a Subclass 820 visa with a No Further Stay condition.

While the application is processed

Onshore applicants who held a substantive visa at lodgement usually hold a bridging visa while the AFP police check partner visa request and the rest of the application are processed. The articles on Bridging Visa A, working while waiting for a Subclass 820 visa and bridging visas in Australia explain the position. Applicants who plan to travel should read about Bridging Visa B first.

If the relationship changes during processing, the article on what happens if the relationship breaks down during a Subclass 820 application explains the options, including the family violence provisions for partner visas.

How the AFP police check fits with the rest of the evidence

The AFP police check partner visa document is a character document, not relationship evidence. It does not prove the relationship is genuine. It does, however, sit in the same file as the relationship evidence, and the Department reads the file as a whole.

The partner visa relationship statement is the client's own account of the relationship, and the Form 888 supporting statements come from friends and family. Where a criminal matter is part of the couple's history, for example a period when the applicant was before a court, the relationship statement should not contradict what the certificate shows.

The guides on how to prove your relationship is genuine, preparing evidence of a genuine relationship and the 820 partner visa evidence checklist show where police certificates sit in the overall evidence plan.

Applicants who lodged their own application and now face a character question can read about hiring an immigration lawyer after lodging your own application, obtaining a second opinion from an immigration lawyer, and appointing a representative with Form 956 or Form 956A. Where a request deadline is close, the article on urgent immigration lawyer advice explains what to prepare.

Partner visa police check help across Australia

The AFP police check partner visa process does not depend on where the couple live. Consultations are held by video. Couples comparing options can read the guides on how to choose a partner visa lawyer in Australia, when you need an immigration lawyer for a partner visa and the comparison of a partner visa lawyer and doing it yourself. City-specific guides include choosing a partner visa lawyer in Sydney, in Melbourne, in Brisbane and in Perth.

The firm also acts in general immigration matters through its pages for immigration lawyers in Sydney, immigration lawyers in Melbourne, immigration lawyers in Brisbane, immigration lawyers in Perth and immigration lawyers in Adelaide.

How My Migration Lawyers helps with an AFP police check partner visa request

My Migration Lawyers acts in many partner visa matters where an AFP police check partner visa request has been made, including complex cases involving past convictions, spent convictions, charges that did not proceed, overseas certificates that are hard to obtain, and applicants without a substantive visa. The firm deals with these matters regularly and is capable of handling them from the first request through to any review.

The firm's work on an AFP police check partner visa issue is specific and practical.

• Telling you exactly what to order. The firm confirms which applicants and family members need an AFP check, and which overseas certificates are required, based on each person's address history. It explains the immigration purpose, code 33 and Complete Disclosure, so the right check is ordered the first time.
• Checking names and timing. The firm checks that every name used appears on the AFP application, and advises when to order the check so that it is current when the Department assesses the file.
• Reading the request. Where a section 56 request arrives, the firm reads it, records the deadline and handles the police checks together with Form 80, health and any other items requested.
• Reviewing the certificate before it is lodged. Where the certificate shows a court outcome, the firm reviews it against the application form, Form 80 and the relationship evidence before anything is sent.
• Advising on character issues. Where a conviction or other outcome engages the character test or public interest criterion 4001, the firm advises on the position and presents the client's own account and supporting documents, such as court records and references, in the form the law requires.
• Correcting earlier answers. Where an earlier answer was wrong, the firm advises whether Form 1023 or Form 1022 is needed and prepares the correction, so the Department receives the accurate position from the applicant first.
• Responding to concerns and refusals. Where the Department has raised a concern, issued a natural justice letter or refused the visa, the firm prepares the response or the review application and submissions.

The firm acts for couples in Sydney, Parramatta, Melbourne, Brisbane, the Gold Coast, Perth, Adelaide, Canberra and Hobart, and across Australia. Its partner visa work is described on the partner visa lawyers page, and its Principal Lawyer, Weiwei Zhang, oversees the firm's partner visa practice. More about the firm is on the about page.

If you are unsure which AFP police check partner visa applicants in your family need, or your certificate shows a court outcome, book a consultation online. You can also call 1300 040 300.