Partner Visa Expired Police Checks: When to Update

What happens if your partner visa police check expired?

If your partner visa police check expired before the Department of Home Affairs made a decision, your application continues and the Department will usually ask you to provide an updated certificate. An expired certificate is not a refusal, and it does not make the application invalid. It means the character evidence on the file is no longer current, and the decision maker needs current evidence before the visa can be granted.

This is one of the most common questions couples ask while they wait. Partner visas take time to process, and a police certificate obtained before lodgement often passes the 12-month mark long before a decision is made. If your partner visa police check expired, the practical questions are simple. Should you order a new one now or wait to be asked? What does the Department need, and by when? What happens at the permanent stage? And what should you do if a new certificate is delayed overseas?

This guide answers each of those questions. It explains what "expired" really means for a partner visa police certificate, why the certificate matters under public interest criterion 4001, how a request for an updated certificate works under section 56 of the Migration Act 1958, how timing changes between the temporary and permanent stages, and how to handle delays. It is written for applicants and sponsors in the onshore Subclass 820 visa and Subclass 801 visa stream and in the offshore Subclass 309 visa and Subclass 100 visa stream. For the wider picture of every partner visa subclass, the complete partner visa guide is the starting point.

The short answer for couples who are waiting

The short answer is this. If your partner visa police check expired during processing, that is normal. Do not panic and do not withdraw the application. Keep track of the issue date on every certificate, watch ImmiAccount and your email for a request, and act on any request on the same day it arrives. In some cases it is sensible to order a new certificate before you are asked, and this guide explains when.

Why this question matters commercially and legally

A partner visa cannot be granted unless the character criteria are met at the time of decision. If your partner visa police check expired and you do not respond properly when the Department asks for a new one, the decision maker may not be able to find that the criteria are met. That can lead to refusal on a ground that has nothing to do with the genuineness of the relationship. The guide on why partner visas get refused shows how often avoidable procedural problems sit behind refusals.

What does "expired" mean for a partner visa police certificate?

"Expired" means the police certificate is older than the period the Department generally accepts as current, which under Department policy is 12 months. A police certificate does not stop being a true record on a particular day. It is a snapshot of a person's record on the date it was issued. The Department needs a reasonably recent snapshot so that it can be satisfied about character at the time it makes its decision.

The 12-month practice

The Department's procedural instructions for the Subclass 801 visa and the Subclass 100 visa both describe a "current penal clearance (generally valid for 12 months)". That is the source of the 12-month figure couples hear about. When people say their partner visa police check expired, they almost always mean that more than 12 months have passed since the certificate was issued.

The word "generally" matters. The 12-month figure is a policy guide used by case officers. It is not a statutory expiry date, and it is not printed in the Migration Regulations 1994. Some foreign certificates also carry their own validity statement. The safest approach is to treat 12 months from the date of issue as the point at which a certificate is likely to be regarded as out of date, and to check the current Department guidance for your visa on immi.homeaffairs.gov.au.

Expiry is a policy practice, not a ground of invalidity

A common error is to believe that if a partner visa police check expired, the application has failed or must be lodged again. That is wrong. The validity of a partner visa application is decided at the time of lodgement under the Migration Act and the Schedule 1 requirements. An expired police certificate does not reach back and make a valid application invalid.

The real issue is evidence at the time of decision. The character criteria are time of decision criteria. If the only certificate on file is out of date, the decision maker will usually ask for a new one rather than decide on old information. This is why the right response when a partner visa police check expired is to prepare for a request, not to start again.

A partner visa police check expired before lodgement

A different situation arises when a partner visa police check expired before the application was even lodged. Couples sometimes gather documents a year or more ahead and then lodge with a certificate that is already out of date. The application is still valid if the Schedule 1 requirements are met. However, the file starts with stale character evidence, and a request is almost certain. It is better to lodge with a recent certificate, or with proof that a new certificate has been applied for. The partner visa document checklist explains what is usually gathered before lodgement.

Why the police certificate matters: PIC 4001 and the character requirement

The police certificate matters because it is the main evidence the Department uses to decide whether the applicant satisfies public interest criterion 4001, the character criterion in Schedule 4 to the Migration Regulations 1994. If your partner visa police check expired, the Department loses current evidence for that criterion. That is the legal reason it asks for an update.

Where PIC 4001 sits in the partner visa criteria

Public interest criterion 4001 is part of the time of decision criteria for every partner visa subclass. For the onshore temporary visa, clause 820.223 requires the applicant to satisfy PIC 4001, together with other public interest criteria, unless clause 820.211(5) applies. For the onshore permanent visa, paragraph 801.223(1)(a) requires PIC 4001 and PIC 4002. For the offshore permanent visa, paragraph 100.222(a) does the same. The offshore Subclass 309 visa also requires the character criteria to be met, and the sponsor of a Subclass 300 prospective marriage visa applicant can be asked for police checks, as explained below.

The criteria also extend to family members. Under the "one fails, all fail" provisions, such as subclause 820.224(1), the primary applicant cannot be granted the visa unless each member of the family unit who is also an applicant satisfies the character criteria. So if a partner visa police check expired for a dependent child who has turned old enough to need one, that can hold up the whole family's application.

Section 501 and the character test

PIC 4001 is connected to the character test in subsection 501(6) of the Migration Act 1958. Subsection 501(6) sets out the situations in which a person does not pass the character test, such as having a substantial criminal record. The guide to what an immigration lawyer does explains when character issues call for legal advice. A police certificate is not the test itself. It is evidence that helps the decision maker decide whether the person passes the test.

This distinction matters. A clear certificate is strong evidence, but it is not the only evidence. A decision maker may also consider the answers given in the application form and in Form 80, departmental records and other information. A certificate that shows a record does not automatically mean refusal either. It means the record must be assessed against the character test and the relevant policy.

Time of decision, not time of lodgement

Because PIC 4001 is a time of decision criterion, what matters is the position when the decision is made. A certificate that was current at lodgement may be stale by the decision date. This is why, for many couples, finding that their partner visa police check expired during processing is the rule rather than the exception. The guide on how long a Subclass 820 partner visa takes explains why processing often runs well beyond 12 months, and the article on Subclass 820 onshore processing times gives more context.

Which police checks are affected when a partner visa police check expired?

Every police certificate on the file can become out of date, including the Australian national police check, each overseas police certificate, the certificates of family members included in the application and, in some cases, the sponsor's police checks. When a partner visa police check expired, it is worth checking the issue date of every certificate, not only the one the Department mentions.

The Australian national police check

For the Australian check, Department policy calls for the Australian Federal Police National Police Check issued for the "Immigration/Citizenship - Australia" purpose. Onshore applicants who have spent a total of 12 months or more in Australia will usually need one, and it is the certificate most likely to be requested again because onshore processing is long. How to obtain the check is covered in a separate guide, so this article focuses on when it needs to be renewed.

Overseas police certificates

Overseas certificates are generally required for each country in which the applicant has lived for a total of 12 months or more in the past 10 years since turning 16. If a partner visa police check expired for one of those countries, a new certificate from that country will usually be needed. Overseas certificates are the most common source of delay, because some countries take a long time to issue them or require the applicant to apply through an embassy. Which countries require a certificate and how to apply is covered in a separate guide. This guide deals with what to do when an existing certificate goes out of date.

Family members included in the application

Each applicant aged 16 or over is generally required to provide police certificates. A child who was under the relevant age at lodgement may reach it during processing. When that happens, the child may need a certificate for the first time. The Department's Subclass 801 instruction expressly refers to family members who have reached an age requiring them to meet the character criteria since the temporary visa was granted.

The sponsor's police checks under regulation 1.20KC

Sponsors can also be asked for police checks. Under subregulation 1.20KC(5) of the Migration Regulations 1994, the Department may ask a sponsor of a Subclass 300, Subclass 309 or Subclass 820 visa applicant to provide an Australian police check and an overseas police check for any country in which the sponsor has lived for a total of 12 months or more since the later of 10 years before the request and the sponsor's 16th birthday. The guide to partner visa sponsorship limitations and the sponsorship limitations service page explain the wider rules on who can sponsor. Regulation 1.20KC does not apply to the Subclass 801 or Subclass 100 stage.

The Department's policy says a sponsor's police checks must be valid at the time of decision for the regulation 1.20KC assessment. However, the same policy allows a decision on an expired sponsor check where the delay was outside the couple's control, such as a decision ready application that was not decided before the check expired, and the expired check reveals no relevant offence. So if the sponsor's partner visa police check expired, a new request is possible but not automatic.

Should you order a new police check before the Department asks?

You do not have to order a new police check before the Department asks, but there are situations in which ordering early is the better choice. If your partner visa police check expired and nothing else has changed, many couples wait for a request so that the new certificate is as recent as possible when the case officer looks at it. If a decision appears close, or an overseas certificate takes months to obtain, ordering early can avoid delay.

The case for waiting until you are asked

The main reason to wait is timing. A certificate obtained too early may itself be out of date by the time the case is allocated. Couples who renew every year without a request can end up paying for several certificates and still be asked for another one. If your partner visa police check expired but the application has not yet been allocated to a case officer, a request is likely to come later, and a certificate obtained in response will be fresher.

When ordering early makes sense

Ordering early makes sense in four common situations. The first is where an overseas certificate is known to take a long time. The second is where the application has been allocated and a decision appears close, for example after an interview or after other documents have been requested. The third is where the applicant is about to become eligible for the permanent stage, which is discussed below. The fourth is where the applicant has lived in a new country for 12 months or more since the last certificate, so that a new country now needs to be covered. In each case, if your partner visa police check expired, getting ahead of the request reduces the risk of a tight deadline.

Uploading an updated certificate without a request

An updated certificate can be attached in ImmiAccount at any time before a decision. If you obtain a new certificate after your partner visa police check expired, upload it with a clear file name showing the country and the issue date. If you have not used the account for some time, the guide on how to create an ImmiAccount explains the basics. Uploading the certificate does not guarantee that the case officer will not ask again later, but it keeps the file current.

Do not let the visa you hold distract you

While a partner visa application is processed, most onshore applicants hold a bridging visa. Bridging visa conditions, work rights and travel are separate questions from the police check. The guides to bridging visas in Australia, Bridging Visa A and working while waiting for a Subclass 820 visa explain those issues. The point here is that the fact your partner visa police check expired does not affect the bridging visa, but failing to respond to a request can lead to a refusal, which does.

What to do when the Department requests an updated police certificate

When the Department requests an updated police certificate, apply for the new certificate immediately, upload it before the response period ends, and if it will not arrive in time, send evidence that you have applied together with an explanation and an estimated date. A request for an updated certificate is the most common way couples learn that their partner visa police check expired in the Department's eyes.

The request is usually made under section 56

A request for further information, including a new police certificate, is usually made under subsection 56(2) of the Migration Act 1958. Section 56 allows the decision maker to invite an applicant to give additional information before a decision is made. The detailed guide to responding to a section 56 request for more information explains these requests in general. When your partner visa police check expired, the request will normally name the certificates required and the people who must provide them.

The response period under section 58

Under subsection 58(2) of the Migration Act, if the invitation asks for information to be given other than at an interview, the information must be given within the period specified in the invitation, or within the period prescribed by subregulation 2.15(1) of the Migration Regulations 1994 if no period is specified. The response period is short. Read the request on the day it arrives and write the deadline down. If your partner visa police check expired and a request arrives during a holiday or while you are travelling, the deadline does not move.

What to send

Send exactly what the request asks for. If the request names the Australian national police check and one overseas certificate, provide both. If the request names a family member, provide that person's certificate as well. Upload each certificate as a separate, clearly named file. Where a certificate is not in English, provide an accurate English translation. If you cannot provide everything by the deadline, send what you have and explain the rest in a short covering letter.

Asking for more time

Subsection 58(4) of the Migration Act allows the decision maker to give additional time to respond. An extension is not automatic. The best way to support a request for more time is to show that you acted immediately: a receipt or confirmation that the new certificate has been applied for, the date of the application, and the issuing authority's stated processing time. If a partner visa police check expired and the replacement is held up overseas, this evidence is what persuades a case officer that the delay is genuine.

If you do not respond

If the response period passes without a response, section 62 of the Migration Act allows the decision maker to make a decision without giving any further opportunity to respond. In practice, that can mean refusal because the decision maker cannot be satisfied that the character criteria are met. A refusal that follows after a partner visa police check expired and a request was ignored is one of the easiest refusals to avoid. If a decision has already been made, the guide to partner visa refused appeal options explains what can be done, and review deadlines are short and strictly applied.

A section 57 letter is different

A section 57 letter invites comment on adverse information that may be the reason, or part of the reason, for refusal. It is not the usual way an updated police certificate is requested. However, if a new certificate discloses something adverse, or if a sponsorship cannot be approved because the sponsor did not provide police checks, a section 57 letter may follow. The guide to the s57 natural justice letter for a partner visa explains how to respond.

Partner visa police check expired at the temporary stage

At the temporary stage, where a partner visa police check expired before the Subclass 820 or Subclass 309 decision, the issue is usually dealt with by a request for an updated certificate before grant. The temporary stage is where most couples first meet this issue, because processing from lodgement to the temporary decision often takes longer than the 12-month period.

Onshore applicants

Onshore applicants for the Subclass 820 visa usually lodged with an Australian national police check and any overseas certificates required. By the time the case is allocated, the Australian check is often more than 12 months old. If your partner visa police check expired in this way, expect a request for a new Australian check at least. The Subclass 820 visa explained, the Subclass 820 partner visa complete guide and the 820 visa requirements guide set out the wider criteria.

Onshore applicants who came to Australia on another visa should also make sure their character answers and their other visa issues line up. Couples who moved from a tourist visa to a partner visa, and applicants who need a Schedule 3 waiver because they did not hold a substantive visa, often have more than one issue being assessed at the same time. The guide to Schedule 3 criteria when you are unlawful explains that issue.

Offshore applicants

Offshore applicants for the Subclass 309 visa often face the overseas certificate problem in reverse. They may need a certificate from the country in which they live, and possibly from other countries in which they have lived. Because the sponsor is usually in Australia, the sponsor may also be asked for an Australian check under regulation 1.20KC. If a partner visa police check expired on either side, both partners should act on any request together.

The sponsor and the temporary stage

The sponsor's checks matter only at the temporary stage, because regulation 1.20KC applies to the Subclass 300, Subclass 309 and Subclass 820 visas. Under Department policy, a request for the sponsor's police checks is sent to the sponsor, not to the applicant. Policy treats 28 days from the request as a reasonable time for the sponsor to provide the checks or, at a minimum, evidence that they have been requested. Subregulation 1.20KC(6) allows the Department to refuse to approve the sponsorship if requested checks are not provided within a reasonable time, and if the sponsorship is not approved, the visa must be refused. If the sponsor's partner visa police check expired and a request arrives, the sponsor must treat it as urgently as the applicant would.

Partner visa police check expired at the permanent stage

At the permanent stage, a new police certificate is usually needed whether or not anyone thinks of the old one as expired, because policy requires a current certificate covering the period since the temporary visa was granted. Couples are often surprised to learn that the fact a partner visa police check expired years ago at the temporary stage is irrelevant now. What matters is the period since grant.

What the Department's permanent stage policy says

The Department's Subclass 801 instruction says that, to satisfy PIC 4001 and PIC 4002, applicants are required to 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 Subclass 820 visa. The Subclass 100 instruction says the same for the period since the Subclass 309 visa was granted. For most onshore couples, that period has been spent in Australia, so a new Australian national police check is usually needed.

When the permanent stage is assessed

Under paragraph 801.221(2)(d) of the Migration Regulations 1994, at least two years must generally have passed since the combined application was made before the Subclass 801 visa can be granted, subject to limited exceptions. The Department usually invites the applicant to provide further information, including police certificates, when it is ready to assess the permanent stage. The Subclass 820 vs Subclass 801 guide explains the two stages in more detail.

Timing the new certificate for the permanent stage

The timing question is the same as at the temporary stage, with one difference. Couples know roughly when the permanent stage will become due. If the two-year point has passed and the Department has started requesting documents from couples in your situation, it can be sensible to obtain a new certificate before you are asked. If your partner visa police check expired long ago and you have also lived overseas for a total of 12 months or more since the temporary grant, start the overseas certificate early, because that is the one most likely to cause delay.

The relationship is reassessed too

The permanent stage is not only about character. The relationship is assessed again on the evidence before the decision maker at that time. A couple who focus only on the police certificate and forget to update their relationship evidence can face a second request or a concern about the relationship. The guide to partner visa relationship evidence and the guide to preparing evidence of a genuine relationship explain what to keep building. If the relationship has ended before the permanent stage, the guide on what happens if the relationship breaks down applies, and the family violence provisions may be relevant.

Delays in obtaining a police certificate: how to tell the Department

If a police certificate is delayed, tell the Department in writing before the response period ends, attach evidence that the certificate has been applied for, explain the cause of the delay, and give the expected date. Where a partner visa police check expired and the replacement arrives late, the problem is manageable. Where a partner visa police check expired and the delay is not explained, there is a real refusal risk.

Evidence that you have applied

The most persuasive evidence is a document from the issuing authority. That may be an online application confirmation, a receipt, a reference number, an appointment confirmation at an embassy or consulate, or an email from the police service. Keep screenshots of online application pages that show the date of the application. If your partner visa police check expired and you apply for a new one the same day the request arrives, that date is strong evidence that you acted promptly.

Explaining the cause of the delay

Explain the cause in plain terms. Common causes include a foreign police service with long processing times, a requirement to apply in person in the home country, the need for fingerprints to be taken and posted, a consulate that only accepts appointments on certain days, and civil unrest or service closures. Attach anything that supports the explanation, such as the issuing authority's published processing time or correspondence with the embassy.

When no certificate can be obtained

Sometimes a certificate cannot be obtained at all, or there is no procedure for obtaining one from a particular country. The Department's policy deals with this through a waiver process set out in its Penal Checking Handbook, which can involve a Character Statutory Declaration made by the applicant. For a sponsor who cannot obtain an overseas check, Department policy asks for a standard Commonwealth statutory declaration describing the efforts made and stating whether the sponsor has any convictions in that country. A waiver is not automatic. The applicant must show genuine efforts to obtain the certificate. If your partner visa police check expired and the country has since stopped issuing certificates, that is the kind of situation in which this process becomes relevant.

Keep the Department informed throughout

Do not send one update and then go silent. If the expected date passes, send a further update. If the certificate arrives, upload it straight away. If the Department asks again, respond again. The Department's own policy on sponsor police checks says that grounds to refuse exist where the sponsor has not provided the checks, has not provided evidence of having started the process, has not given a satisfactory explanation, or has not engaged with the Department at all. The same practical lesson applies to applicants. Engagement and evidence protect the application.

What if the new police certificate shows something?

If the new police certificate shows a charge or conviction, the Department must assess it against the character test and the relevant policy, and the applicant should expect further questions. A new entry does not automatically lead to refusal, but it must be dealt with carefully and honestly. Couples sometimes put off renewing after their partner visa police check expired because they are worried about what a new certificate will show. That approach does not work. The Department can obtain information from other sources, and failing to disclose can create a far more serious problem than the record itself.

Changes in circumstances must be notified

Section 104 of the Migration Act 1958 requires an applicant to notify the Department if circumstances change so that an answer given in the application becomes incorrect. A new charge or conviction after lodgement is a change that can make the character answers incorrect. The guide on Form 1022 change of circumstances explains how changes are notified. If your partner visa police check expired and the replacement shows a new matter, the Department should already have been told about it.

Character concerns and section 501

Where a character concern arises, the application may be referred for assessment under section 501 of the Migration Act. A refusal under section 501 is a different decision from an ordinary partner visa refusal under section 65, and it follows a different pathway. Character matters require early legal advice. The visa refusals and visa cancellations pages explain the firm's wider work in this area, and the guide to urgent immigration lawyer advice explains when to get help immediately.

The sponsor's record

If a sponsor's police check shows a conviction for a relevant offence under subregulation 1.20KC(2), such as an offence involving violence, and the sponsor also has a significant criminal record as defined in regulation 1.20KD, the Department must refuse to approve the sponsorship unless it decides under subregulation 1.20KC(4) that it is reasonable to approve it. Under the sponsorship form, the sponsor is also asked to consent to the Department disclosing convictions for relevant offences to the applicant. These are serious issues that go well beyond the question of whether a partner visa police check expired. They need advice before any response is sent.

What Tribunal decisions show about police certificates in partner visa refusals

Tribunal decisions show that missing or outdated police certificates are a recurring reason for partner visa refusals, and that the issue can often be addressed when current certificates are provided on review. The cases below are remittals. In each, the Tribunal sent the matter back to the Department to reconsider. The descriptions are limited to the issues recorded for each decision, and a remittal does not mean that any later decision was a grant. Most were decided by the Administrative Appeals Tribunal, which the Administrative Review Tribunal replaced on 14 October 2024.

Certificates not provided to the Department

In Cooperstein (Migration) [2018] AATA 2436, a Subclass 820 matter, the recorded issue was that a police clearance certificate was not provided to the Department and was subsequently provided to the Tribunal. In Lou (Migration) [2019] AATA 4665, the recorded issues were public interest criterion 4001, an authorised criminal clearance certificate not provided to the delegate, and an overseas police certificate provided to the Tribunal. In Bernhardt (Migration) [2019] AATA 2462, the recorded issue was information not provided relating to character and criminal history, with relevant police certificates since provided. In Saleem (Migration) [2019] AATA 3484, the recorded issues were no police clearances, with a Federal Police clearance and an overseas clearance provided on review.

Updated certificates provided on review

In Sesay (Migration) [2024] AATA 28, a Subclass 309 matter, the recorded issues were criminal history and an updated Australian Federal Police National Police Certificate provided on review. In Zhang (Migration) [2023] AATA 3878, the recorded issues included the character test, a statement from an appropriate authority, an overseas no criminal record certificate and an updated Australian Police Certificate. In Page (Migration) [2024] AATA 215 and Collier (Migration) [2023] AATA 1840, the recorded issues were criminal history, with Australian and overseas police certificates provided on review. In Hansantiatanaded (Migration) [2022] AATA 596, the recorded issues included criminal history statements, a home country certificate provided to the Department, an AFP national police certificate provided to the Tribunal, and no disclosable court outcomes.

PIC 4001 and the sponsor

In Morton-Hicks (Migration) [2023] AATA 4631, the recorded issues were that the applicant submitted an overseas police clearance record and whether PIC 4001 or 4002 was satisfied. In Goh (Migration) [2022] AATA 4903, the recorded issues were an overseas police certificate of good conduct and PIC 4001. In Sathandla Halli Vijayakumar (Migration) [2022] AATA 91, the recorded issues included insufficient information concerning the sponsor, the sponsorship declaration and a National Police Check, which shows that the sponsor's side of the file can matter too.

What these decisions mean in practice

These decisions show a pattern. A partner visa can be refused because a certificate was missing or out of date at the time of decision, even where the applicant has no criminal history at all. Each of these matters had to go to review before the issue could be addressed. Review takes time and adds cost, and review deadlines are short and strictly applied. The guide to what to expect at an ART review explains that process. The better course is to act as soon as a partner visa police check expired, before the decision, not after a refusal.

Common mistakes when a partner visa police check expired

The most common mistakes are ignoring a request, missing the response period, sending the wrong type of certificate, forgetting a family member or the sponsor, and failing to explain a delay. Each of these can turn a routine update into a refusal.

Ignoring email and ImmiAccount

Requests are sent to the email address and ImmiAccount linked to the application. Couples who change email addresses, or who let the account lapse, miss requests. If a partner visa police check expired and the request is missed, the response period can pass without anyone noticing. Keep contact details current. Where a representative has been appointed with Form 956, the Department will correspond with the representative instead.

Sending the wrong certificate

For the Australian check, policy refers to the AFP National Police Check for the "Immigration/Citizenship - Australia" purpose. A state police check, or an AFP check issued for an employment purpose, may not be accepted. For overseas certificates, a certificate covering only one region of a country may not be sufficient. If your partner visa police check expired, make sure the replacement is the correct type, not simply the quickest one to obtain.

Forgetting a family member or the sponsor

Every applicant who needs a certificate must provide one. A secondary applicant, or a child who has reached the relevant age, is easy to overlook. If the Department has asked the sponsor for checks under regulation 1.20KC, that request is separate from the applicant's request and must be answered by the sponsor.

Answering character questions inconsistently

The answers in the application form, in Form 80 and in any later correspondence must be consistent with what the police certificates show. An inconsistency can raise integrity concerns that are more serious than the original issue. The guide on Subclass 820 refusal reasons shows how inconsistency damages credibility generally.

Assuming the old certificate is enough

Some couples assume that because the Department accepted their certificate once, it will accept it again. It may not. If a partner visa police check expired and the Department asks for a new one, the earlier acceptance does not help. The decision maker must be satisfied about character at the time of decision.

How My Migration Lawyers helps when your partner visa police check expired

My Migration Lawyers helps couples manage expired police certificates by tracking every certificate on the file, advising when to renew, preparing complete and on-time responses to section 56 requests, and dealing with delays, overseas waivers and character concerns before they become refusals. The firm acts in many partner visa matters in which a police check has expired during processing, and it regularly handles complex cases involving delayed overseas certificates, sponsors who have been asked for police checks under regulation 1.20KC, new charges or convictions disclosed during processing, and refusals that followed a missed request.

What the firm does, step by step

First, the firm reviews the application file and records the issue date of every police certificate for the applicant, each secondary applicant and the sponsor. Second, it identifies which countries each person must cover and whether any new country has been added since the last certificate. Third, it advises whether to obtain new certificates now or wait for a request, taking into account the stage of the application and how long each certificate takes to obtain. Fourth, when a request arrives, it diarises the response period, prepares the response, uploads each certificate correctly and, where a certificate is delayed, prepares a covering letter with the evidence of application and a request for more time under subsection 58(4). Fifth, where a certificate cannot be obtained, it advises on the waiver process and the declaration required. Sixth, where a certificate discloses something, it advises on the character test, section 104 notification and any section 57 response.

The firm obtains the client's immigration history itself, so couples are not asked to search for old visa documents. It also checks that the character evidence lines up with the relationship evidence and the forms, so that the permanent stage is not delayed by a separate problem. Where an application has already been refused, the firm reviews the decision and advises on partner visa refusals, a partner visa after a visa refusal and the role of a visa appeal lawyer.

When couples come to the firm

Couples come to My Migration Lawyers at different points. Some want advice before they lodge so that the file starts with current character evidence. Some lodged themselves and want the file checked after a partner visa police check expired, which is covered in the guide to hiring an immigration lawyer after lodging your own application. Some want a second opinion from an immigration lawyer, or want to change immigration lawyer part way through. Others come when a request has just arrived and the deadline is close. The guides on when you need an immigration lawyer for a partner visa, partner visa lawyer or doing it yourself and migration agent or immigration lawyer explain the options, and the guide to booking an immigration lawyer consultation explains what happens at the first meeting.

Who handles your matter

Partner visa work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. The firm is an Australian immigration law firm, and more about its approach is on the About My Migration Lawyers page and the partner visa lawyers page. The guide to choosing a partner visa lawyer in Australia and the guide to the best partner visa lawyer in Australia explain what to look for. My Migration Lawyers acts for couples across Australia, including partner visa clients in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, with consultations by video.

Book a consultation about an expired partner visa police check

If your partner visa police check expired, if the Department has asked for an updated certificate, or if a certificate is delayed and the deadline is close, the right time to get advice is now, before the response period ends. Book a Consultation with My Migration Lawyers to have your character evidence and response reviewed. You can also call 1300 040 300.