Partner Visa Overseas Police Certificates

What is a partner visa overseas police certificate?

A partner visa overseas police certificate is an official document issued by a foreign police force or government authority that shows whether a person has a criminal record in that country, and it is used by the Department of Home Affairs to decide whether a partner visa applicant meets the character requirement. Every partner visa subclass requires the applicant to satisfy public interest criterion 4001, and a partner visa overseas police certificate is the main evidence the Department uses to test that criterion for any time the applicant has spent living outside Australia.

The name of the document changes from country to country. It may be called a police clearance certificate, a certificate of no criminal record, a criminal record extract, a certificate of good conduct, a police character certificate or a judicial record. The Department does not care about the title. It cares about whether the document is issued by the correct authority, covers the whole country or the correct jurisdiction, is in the person's correct name and date of birth, and is current when the visa is decided.

This guide deals only with the partner visa overseas police certificate. It explains which countries you need a certificate from, who in the family must provide one, how to find the right issuing authority for each country, when to apply, how translations work, what to provide if you have served in the military, and what to do when a certificate is difficult or impossible to obtain. It is written for couples applying for the onshore Subclass 820 partner visa, the offshore Subclass 309 partner visa, the Subclass 300 prospective marriage visa, and the permanent Subclass 801 and Subclass 100 stages that follow. The wider requirements are set out in the complete guide to partner visas in Australia. Couples who are new to the process can also read the guides to the Subclass 820 visa explained, the complete Subclass 820 partner visa guide and the de facto partner visa 12-month rule.

Overseas certificates and the Australian check are different documents

An overseas police certificate and the Australian police check are two separate documents, and one never replaces the other. The Australian check is a National Police Check issued through the Australian Federal Police and covers Australian records. A partner visa overseas police certificate covers the records of a foreign country. An applicant who has lived in Australia and in two other countries for the relevant periods may need three certificates in total: one Australian and two overseas.

Couples often obtain the Australian check quickly and then assume the character evidence is complete. It is not. The Department's file is only complete when every country that meets the residence test is covered. A missing partner visa overseas police certificate is one of the most common reasons a partner application stalls after lodgement, and the partner visa document checklist treats character documents as a separate category for this reason.

Why overseas certificates cause more delay than any other document

Overseas certificates cause delay because the applicant does not control the issuing authority. A bank statement or a birth certificate can usually be gathered in days. A partner visa overseas police certificate may require fingerprints, an in-person appointment, a postal application to a foreign ministry, or an application through a consulate that only opens on certain days. Processing times differ widely between countries and can change without notice. That is why this document should be the first thing a couple starts, not the last.

Which countries do you need a partner visa overseas police certificate from?

You generally need a partner visa overseas police certificate from each country, other than Australia, where you have lived for a total of 12 months or more during the last 10 years since you turned 16. This is the Department of Home Affairs' published rule for overseas police certificates, and it is the same test the Department applies to sponsors under regulation 1.20KC(5) of the Migration Regulations 1994. Countries that do not meet this test do not usually require a certificate, unless the Department asks for one.

The test has three parts, and each part matters.

Part one: a total of 12 months or more

The first part of the test is time. The Department looks for a total of 12 months or more in a country. The Department's policy on sponsor police checks states expressly that the 12 month period is cumulative. Where a person has had several periods of residence in a country, each shorter than 12 months, but those periods add up to 12 months or more, the test is met. The same approach is applied to applicants.

This is the point most often misunderstood. Many people believe a partner visa overseas police certificate is only needed for a country where they lived continuously for a year. That is wrong. Three separate stays of five months each in the same country add up to 15 months, and a certificate from that country is needed.

Part two: the last 10 years

The second part of the test is the window. Only time spent in the last 10 years counts. For a sponsor under regulation 1.20KC, the Department's policy measures the 10 years back from the date of the request for police checks. Time spent in a country more than 10 years ago does not usually count toward the 12 months.

Part three: since turning 16

The third part of the test is age. Only time spent after the person turned 16 counts. Where a person turned 16 during the 10 year window, the Department counts the time since their 16th birthday. A person who lived in a country only as a young child, and left before turning 16, does not usually need a partner visa overseas police certificate from that country.

Your country of citizenship is not automatically included

A partner visa overseas police certificate is needed from a country because of where you lived, not because of your passport. A citizen of one country who has spent the last 12 years living and working in a second country will usually need a certificate from the second country, and will need one from the country of citizenship only if they also meet the 12 month test there within the window. In practice, most applicants who moved to Australia from their home country in recent years will need a certificate from that home country, because they lived there for 12 months or more after turning 16 and within the last 10 years.

A hypothetical example of counting countries

Consider a hypothetical applicant who is now 29. She lived in her home country until she was 22. She then studied for two years in a second country, worked for eight months in a third country, returned to the third country for another seven months the following year, and has lived in Australia for the last two years.

Her home country is within the window because she lived there for well over 12 months after turning 16 and within the last 10 years. The second country is within the window because she lived there for two years. The third country is also within the window, because eight months and seven months add up to 15 months. She therefore needs three overseas police certificates, plus an Australian check. Had she counted only continuous stays of a year or more, she would have missed the third country, and the Department would have asked for it later.

Short visits and holidays

Short visits and holidays rarely meet the test on their own, but they can add up. A person who visits the same country every year for two or three months to see family may cross the 12 month total within 10 years. The safest approach is to build a full travel and residence history before deciding which partner visa overseas police certificate is needed. The Form 80 guide explains why residence and travel histories must be complete and consistent, because the Department compares the countries listed in Form 80 with the police certificates provided.

The Department may ask for more

The 12 month rule is a guide to what the Department normally asks for. It is not a limit on the Department's power. If information on the file suggests a character concern connected to a particular country, the Department can ask for a certificate from that country even where the 12 month total is not reached. Requests of this kind are usually made in writing under section 56 of the Migration Act 1958, and the guide to responding to a section 56 request explains how those requests work.

Does the sponsor need a partner visa overseas police certificate?

Yes, the sponsor can be asked for a partner visa overseas police certificate. Under regulation 1.20KC of the Migration Regulations 1994, the Minister may request police checks from a sponsor of a partner visa, and paragraph 1.20KC(5)(b) allows a request for a certificate from each country, other than Australia, where the sponsor has lived for 12 months or more in total since the later of 10 years before the request and the date the sponsor turned 16.

Which partner visas the sponsor rule applies to

Regulation 1.20KC applies to sponsorship for the Subclass 300, Subclass 309 and Subclass 820 visas. It does not apply at the Subclass 100 and Subclass 801 permanent stages, because the sponsorship is approved at the first stage. A sponsor who was born and raised in Australia and has lived overseas only for short holidays may never be asked for an overseas certificate. A sponsor who worked overseas for several years, or who migrated to Australia themselves, often will be.

How the sponsor request is made

The Department's policy is that a request for the sponsor's police checks is sent to the sponsor, not to the visa applicant. The sponsor should watch for that request and act on it immediately. A sponsor who does not provide requested checks within a reasonable time puts the sponsorship, and therefore the whole application, at risk. The wider limits on who can sponsor are explained in the guide on when a sponsor cannot sponsor a partner visa and on the sponsorship limitations page.

Translations for the sponsor

The Department's policy on sponsor checks states that an overseas police certificate in a language other than English must be accompanied by an accurate English translation. The same rule applies to applicants, and translations are dealt with in detail later in this guide.

Who else in the family needs a partner visa overseas police certificate?

Every member of the family unit who is included in the partner visa application, and who meets the age and residence test, generally needs a partner visa overseas police certificate for each relevant country. This matters because the partner visa criteria include "one fails, all fail" provisions.

The "one fails, all fail" rule

Under subclause 820.224(1) of the Migration Regulations 1994, the primary applicant for a Subclass 820 visa cannot be granted the visa unless each member of the family unit who is also an applicant satisfies the character criteria, including public interest criterion 4001. Equivalent provisions apply to the Subclass 801 visa under subclause 801.224(1), the Subclass 100 visa under subclause 100.224(1), the Subclass 309 visa under clause 309.228, and the Subclass 300 visa under paragraph 300.226(1)(a). If a partner visa overseas police certificate is missing for an older child who is included in the application, the whole family's grant can be delayed.

Children who reach the relevant age during processing

Partner visas can take a long time to decide. A child who was 15 at lodgement may turn 16 during processing, and the Department's policy for the Subclass 801 and Subclass 100 permanent stages expressly contemplates family members who reach an age requiring them to meet the character criteria after the temporary visa is granted. Couples should keep a note of each child's 16th birthday and check whether a partner visa overseas police certificate becomes necessary for that child. The guide to how long a Subclass 820 partner visa takes explains why processing can stretch across these milestones.

Non-migrating family members

Some family members are not applicants but are still part of the family unit. The partner visa criteria require certain non-applicant family members to satisfy public interest criterion 4001 as well. Where the Department asks for a partner visa overseas police certificate from a non-migrating family member, the same country test is usually applied. This tends to arise for older children of the applicant who remain overseas.

How to find the issuing authority for each partner visa overseas police certificate

The issuing authority for each partner visa overseas police certificate is found in the Department of Home Affairs' country-by-country police certificate guidance, which names the authority the Department accepts for each country and explains how to apply from inside and outside that country. The Department publishes this guidance because the correct authority differs between countries, and a certificate from the wrong authority may not be accepted.

Start with the Department's country guidance, not a search engine

The first step for every partner visa overseas police certificate is to look up the country in the Department's own police certificate guidance. That guidance usually tells you which agency issues the certificate, whether you can apply from Australia, whether fingerprints are needed, and whether there are special rules for former residents or non-citizens. A general web search often produces commercial websites that look official but are not. Some of those sites charge for a service the applicant could do directly, and some do not lead to an acceptable certificate at all.

National certificates and regional certificates

Many countries issue a single national certificate. Others issue certificates at a state, provincial, regional or local level, or require more than one document. Where a country has a federal structure, the Department may ask for a national certificate, a certificate from each region where the person lived, or both. A partner visa overseas police certificate that covers only one city, when the Department's guidance asks for a national check, will usually lead to a further request. Reading the country guidance carefully at the start avoids this.

Applying from Australia

Most applicants who are already in Australia need to apply for a partner visa overseas police certificate from outside the issuing country. The usual routes are an online application to the issuing authority, a postal application, an application lodged through that country's embassy or consulate in Australia, or an application made on the applicant's behalf by a person with legal authority in that country, such as a relative holding a power of attorney. Which route is allowed depends entirely on the country. Some countries accept only an in-person application inside the country, which can be a serious practical problem for an onshore applicant.

Onshore applicants also need to think about travel. An applicant who leaves Australia to collect a certificate needs to consider the effect of that travel on any bridging visa they hold. The guide on work rights while waiting for a Subclass 820 visa explains the bridging visa most onshore applicants hold. The guides to bridging visas in Australia, the Bridging visa A and the Bridging visa B explain the travel position. Travel should never be booked for this purpose without checking the visa consequences first.

Fingerprints

Some countries require fingerprints to issue a partner visa overseas police certificate. In those cases, the applicant usually needs to have fingerprints taken on an official form, often by a police service in Australia, and send them with the application. Fingerprint requirements are one of the most common causes of delay, because an appointment is needed, the form must be the correct one, and a smudged set may be rejected by the issuing authority months later.

Names, aliases and dates of birth

The partner visa overseas police certificate must be in the name the person used in that country, and should cover every name the person has used there. People who have changed their name by marriage, adopted a different spelling, or used a name in a different script need to check that the certificate is searched under every relevant name. A certificate in one name, when the person lived in that country under another, does not prove what the Department needs to know. The names and dates of birth on the certificate should also match the passport, the application form and Form 80.

Never use an unofficial intermediary

A partner visa overseas police certificate should only ever be obtained from the issuing authority directly, or through a channel the Department's guidance names. Never pay an unofficial agent, a "fixer" or a person met online to obtain a certificate. Tribunal decisions record partner visa refusals where a police certificate was later assessed as counterfeit or bogus after the applicant had obtained it through a third party or local agent. Under public interest criterion 4020 in Schedule 4 to the Migration Regulations 1994, giving the Department a bogus document can lead to refusal even if the person has no criminal record at all. The Department's policy on public interest criterion 4020 makes clear that the issue is the integrity of the document, not whether the person would otherwise have passed the character test.

This is one of the most serious risks connected with a partner visa overseas police certificate, and it is entirely avoidable. If the applicant is unsure whether a channel is genuine, the right step is to stop and get advice before submitting anything. The guide to why partner visas get refused explains how integrity findings can end an otherwise strong application.

Keep the originals and the proof of application

Keep the original partner visa overseas police certificate, the envelope or email it arrived in, the receipt or reference number for the application, and copies of the forms submitted. If the Department later asks how the certificate was obtained, or if a certificate is lost, this record answers the question quickly. Upload a clear colour scan of the full certificate, including every page and any security features or verification codes, to ImmiAccount. The guide on how to create an ImmiAccount explains the account structure if the couple has not yet set one up.

When should you apply for a partner visa overseas police certificate?

You should apply for a partner visa overseas police certificate early enough that it arrives before the Department needs it, but not so early that it is out of date by the time the Department decides the application. In practice, this means starting the slower overseas certificates as soon as the couple decides to apply, and planning the timing of each certificate around the expected lodgement date.

Why timing is a balancing exercise

The timing of a partner visa overseas police certificate is a balance between two risks. The first risk is delay: some certificates take many months, and a couple who waits until the Department asks may be unable to respond within the time allowed. The second risk is age: the Department's policy treats a police certificate as generally valid for 12 months. A certificate obtained long before lodgement may already be close to that point when the application is lodged. The way the Department handles certificates that pass the 12 month point during processing is a separate topic, and the key point for this guide is that the slowest certificates should be identified and started first. The guide to how long an onshore partner visa takes shows why a certificate obtained before lodgement may need replacing before a decision is made.

Before lodgement

For most couples, the best approach is to identify every country that needs a partner visa overseas police certificate as soon as the decision to apply is made. The slow certificates are started immediately. The fast ones can be started closer to lodgement. This way, the character evidence is ready at or soon after lodgement, and the file looks complete from the beginning. A complete file at lodgement also reduces the chance of a request that interrupts processing. The Subclass 820 visa guide and the 820 partner visa evidence checklist show where police certificates sit among the other documents.

Onshore applicants with a visa expiry date

Onshore applicants often face a hard deadline: their current visa is about to expire, and the partner visa must be lodged before it does. In that situation, lodgement should not be delayed while waiting for a slow partner visa overseas police certificate. The application can be lodged with proof that each certificate has been applied for, and the certificates uploaded when they arrive. Missing a lodgement deadline to wait for a police certificate can create far larger problems, including Schedule 3 criteria for applicants who become unlawful. Couples who moved from a visitor visa should also read the guide on moving from a tourist visa to a partner visa.

When the Department asks

If the Department asks for a partner visa overseas police certificate that has not yet been provided, the request will state a period for response. Apply for the certificate on the day the request arrives. If the certificate will not arrive in time, send proof of the application before the deadline, together with a short written explanation and an estimate of when the certificate is expected. The Department's policy on public interest criterion 4020 recognises that an applicant awaiting documents from a third party, with timeframes outside the applicant's control, such as overseas penal certificates, has an acceptable reason for asking for more time. The key is to ask before the deadline, not after it. Other changes during processing, such as a new address or a new family member, must also be reported, as explained in the guide on Form 1022 change of circumstances.

At the permanent stage

At the permanent stage, the Department's policy for the Subclass 801 and Subclass 100 visas requires a current penal clearance for any country where the applicant has lived for a cumulative period of 12 months or more since the temporary visa was granted. For most couples who have stayed in Australia, this means an updated Australian check only. For couples who have spent long periods overseas after the Subclass 820 or Subclass 309 visa was granted, a new partner visa overseas police certificate from that country will usually be needed. The Subclass 820 vs Subclass 801 guide explains how the two stages fit together.

Translations of a partner visa overseas police certificate

A partner visa overseas police certificate that is not in English must be submitted together with an accurate English translation. The Department needs to be able to read exactly what the certificate says, including any entries, codes or notes, and a summary or partial translation is not enough.

What the translation must cover

The translation must cover the whole certificate, including headings, stamps, endorsements, reference numbers, dates and any notes on the back. If the certificate records an entry, the translation must translate that entry in full. If the certificate says there is no record, the translation must say so in the same terms. Upload the original language certificate and the translation together, so the case officer can compare them.

Who should translate it

Under the Department's general document guidance, translations made in Australia should be made by a translator accredited by the National Accreditation Authority for Translators and Interpreters. Translations made outside Australia do not need to be made by an accredited translator, but should include the translator's full name, contact details and qualifications. A translation made by the applicant, the sponsor or a family member should not be used. A poor translation of a partner visa overseas police certificate can create a false impression that a record exists, or hide one that does, and either outcome causes problems.

Certificates issued in two languages

Some issuing authorities produce a partner visa overseas police certificate in both the local language and English, or offer an English version on request. Where an official English version is available, it is usually the simplest option. Where it is not, the translation should be arranged as soon as the certificate arrives, so it does not become a second source of delay.

Military service and the partner visa overseas police certificate

Anyone included in a partner visa application who has served in the armed forces of any country should provide military service records or discharge papers in addition to any partner visa overseas police certificate. A police certificate records criminal matters dealt with by police and courts. It does not usually record military service, and the Department treats military service as a separate part of the character and security picture.

Military service in Form 80

Form 80, the personal particulars form for character assessment, includes a specific question in Part L on military service. It asks whether the person has undertaken any military service and states that military service includes compulsory service, conscription, military training, voluntary service and professional service. If the answer is yes, the person must list each period of service in date order, with the country of service, the full name and identification number of the unit, battalion or brigade, the rank held, the duties performed and the country of deployment. If the answer is no, the form asks for reasons.

Compulsory service and conscription count

Many applicants do not think of compulsory national service as "military service". It is. A person who completed mandatory service, even many years ago and even in a non-combat role, should disclose it in Form 80 and provide the service record or discharge document. The Department's document checklist for offshore partner applicants asks for certified copies of military service records or discharge papers for anyone who has served in the armed forces of any country.

What the military records should show

The military records should show the period of service, the branch or unit, the rank and the type of discharge. Where the official record is in another language, an English translation is needed in the same way as for a partner visa overseas police certificate. Where records were lost or cannot be obtained, the reason should be explained in writing and supported by whatever evidence is available, such as a service booklet, an identity card issued during service or a letter from the relevant ministry.

Consistency between Form 80, military records and police certificates

The Department compares Form 80, the military records and each partner visa overseas police certificate against each other and against movement records. A period of military service that appears in one document and not another, or dates that do not line up, can prompt further questions. Consistency across every character document is as important as consistency across the relationship evidence, which is explained in the guide to the partner visa relationship statement and the guide to partner visa relationship evidence.

What if a partner visa overseas police certificate is hard to get?

If a partner visa overseas police certificate is hard to get, the applicant must still show the Department that every reasonable step has been taken to obtain it, explain the problem in writing, and keep the Department informed before any deadline passes. The Department's procedures recognise that some certificates take a long time and that, for some countries, a certificate cannot be obtained at all. Its policy refers to a specific process for cases where there is no procedure for obtaining a certificate, or where a certificate would otherwise have been required but cannot be obtained.

Why some certificates are hard to obtain

A partner visa overseas police certificate can be hard to obtain for many reasons. Some issuing authorities accept applications only from people physically present in the country. Some issue certificates only to citizens or current residents. Some require fingerprints on a particular form, an apostille, or a document certified by a consulate that has limited appointments. Some have long and unpredictable processing times. In some countries, the government or police system has been disrupted by conflict, political upheaval or natural disaster, and no reliable procedure exists. In others, the applicant cannot safely approach the authorities.

Delay is not the same as impossibility

A slow partner visa overseas police certificate is not the same as an impossible one. Where a certificate is simply slow, the applicant should apply, keep proof of the application, and tell the Department when it is expected. The Department generally waits for a certificate that is genuinely on its way, particularly where the applicant has acted promptly and kept the Department informed. Where a certificate truly cannot be obtained, the Department's waiver process may apply. The two situations need different evidence, and treating a slow certificate as impossible, or an impossible one as merely slow, wastes time.

Evidence of every attempt

The single most important thing an applicant can do when a partner visa overseas police certificate is difficult to obtain is to build a clear record of every attempt. That record should include:

• copies of each application form submitted, with dates;
• receipts, reference numbers and tracking numbers;
• emails and letters to and from the issuing authority, the embassy or consulate, and any other agency;
• notes of phone calls, including the date, the person spoken to and what was said;
• any written refusal, or any written statement that the authority cannot issue a certificate to the applicant; and
• evidence of any fingerprinting appointment or other step required by the issuing authority.

A case officer who sees a clear, dated record of genuine attempts can understand the problem quickly. A case officer who sees only a sentence saying "I could not get it" has nothing to assess.

Explaining the delay in writing

The written explanation for a missing or delayed partner visa overseas police certificate should be short, factual and dated. It should state which certificate is outstanding, when the application was made, what steps have been taken since, what the issuing authority has said, and when the certificate is expected. It should attach the supporting records. Where the Department has made a formal request with a response period, the explanation must be sent before that period ends. The guides to responding to a section 56 request and to a section 57 natural justice letter explain the procedure for each type of letter.

The Character Statutory Declaration for applicants

Where the Department accepts that a partner visa overseas police certificate cannot be obtained, its procedures for applicants refer to a Character Statutory Declaration, completed as part of the penal waiver process. This is a true statutory declaration made under Commonwealth law, and it is a different document from the Form 888 supporting witness statements used to support the relationship. The Department decides whether the waiver process applies. The applicant cannot simply choose to provide a declaration instead of a certificate.

The sponsor's statutory declaration

For a sponsor who cannot obtain an overseas certificate, the Department's policy on regulation 1.20KC asks the sponsor to sign a standard Commonwealth statutory declaration. The policy says the declaration should state that the sponsor has been unable to obtain the certificate from the relevant country, describe the efforts made to obtain it, and either state that the sponsor has no criminal convictions in that country or give details of every conviction there. Each of those elements must be true and complete.

When approaching the authorities is unsafe

Some applicants and sponsors cannot safely approach the police or government of a country they left. Where that is the situation, the explanation to the Department should say so plainly and explain why, with whatever supporting evidence is available. The Department's procedures recognise cases where a certificate cannot be obtained, and the reasons must be set out clearly so the decision maker can assess them. This is an area where careful drafting matters, because the explanation becomes part of the Department's file.

Never guess, never backdate, never alter

An applicant under pressure to produce a partner visa overseas police certificate must never alter a document, rely on an expired document by changing its date, or submit a document from an unofficial source. Each of these can lead to refusal under public interest criterion 4020, and a finding under that criterion can have consequences for future applications as well. A difficult certificate is a problem that can usually be managed. A bogus certificate usually cannot.

How the partner visa overseas police certificate links to PIC 4001

The partner visa overseas police certificate 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. Public interest criterion 4001 is connected to the character test in subsection 501(6) of the Migration Act 1958, and it must be satisfied at the time the visa is decided.

Where PIC 4001 appears in the partner visa criteria

Public interest criterion 4001 is a time of decision criterion for every partner visa. For the Subclass 820 visa, clause 820.223 requires the applicant to satisfy it, subject to clause 820.211(5). For the Subclass 801 visa, paragraph 801.223(1)(a) requires it. For the Subclass 100 visa, paragraph 100.222(a) requires it, and for the Subclass 300 visa, clause 300.223 requires it. The Subclass 309 criteria contain the same requirement. Because the criterion is assessed at the time of decision, the Department needs character evidence that is current when it decides, not only when the application was lodged.

What the Department does with the certificate

A case officer reads each partner visa overseas police certificate to see whether it records any charge, conviction or other entry. Where the certificate shows no record, and nothing else on the file raises a concern, the character criterion is usually dealt with without further enquiry. Where a certificate shows an entry, or where the applicant's answers or other information raise a concern, the Department may make further enquiries. Under Department policy, an application where the applicant may not pass the character test is referred to a specialist area for assessment, and a refusal on character grounds may be made under section 501 of the Migration Act rather than under the ordinary refusal power.

A record on the certificate is not automatically fatal

A partner visa overseas police certificate that records an entry does not automatically mean refusal. The character test in subsection 501(6) sets out specific grounds, and many minor matters do not meet them. What matters is what the record actually is, how serious it is, how long ago it happened, and whether it was disclosed honestly. Where a record exists, the applicant should obtain the court documents, explain the circumstances accurately, and get legal advice before the Department asks. The guide to what an immigration lawyer does explains when character issues call for advice, the guide to the most common Subclass 820 refusal reasons shows how character evidence fits among other refusal grounds, and the firm's visa cancellations page covers the separate situation where a visa already granted is under threat on character grounds.

Honest disclosure matters more than the record

The partner visa application forms and Form 80 ask whether the applicant has ever been charged with or convicted of an offence in any country. The Department's policy on public interest criterion 4020 gives the example of an applicant who answers "no" to a question about convictions when Department records show a conviction. That can be treated as false or misleading information material to the assessment of public interest criterion 4001, and can lead to refusal on integrity grounds. A partner visa overseas police certificate that reveals a record the applicant did not disclose is far more damaging than a record that was disclosed and explained from the start.

What Tribunal decisions show about partner visa overseas police certificates

Tribunal decisions show that missing, late and unverified overseas police certificates are a recurring issue in partner visa reviews. The decisions below are remittals: in each, the Tribunal sent the matter back to the Department to reconsider. They are described only by the issues recorded for each decision. A remittal does not mean that any later decision was a grant.

Certificates provided for the first time on review

Several decisions record that an overseas police certificate was provided for the first time on review. In Bah (Migration) [2024] AATA 222, a Subclass 309 matter, the issues recorded were criminal history and overseas police clearance certificates provided upon review. In Budiongo (Migration) [2025] ARTA 440, also a Subclass 309 matter, the issues recorded were criminal history and police clearance certificates provided upon review. In Gilmer (Migration) [2024] AATA 2841 and Klein (Migration) [2023] AATA 661, both Subclass 820 matters, the issues recorded were criminal history and an overseas police clearance provided upon review. These decisions show how often an application is refused, and the couple is forced into review, for want of a partner visa overseas police certificate that could have been provided earlier.

Statements from an appropriate authority

Other decisions record the issue of a statement from an appropriate authority in the relevant country. In Madade (Migration) [2023] AATA 3843, a Subclass 309 matter, the recorded issues were the character test and a statement from an appropriate authority, with certificates from the criminal investigation authority of one country and the national police service of another. In Johnston (Migration) [2023] AATA 4227, the recorded issues were the character test and a criminal record certificate issued by a foreign Ministry of Justice. In Lee (Migration) [2022] AATA 4648, the issues recorded included a certificate of good conduct issued through a foreign High Commission. These decisions illustrate that the correct authority, and the correct form of certificate, matter for each country.

Applications made and extensions granted

In Bin Azizan (Migration) [2022] AATA 5007, the issues recorded included an Australian police certificate received by the Tribunal and a clearance from the home country that had been applied for. In Chan (Migration) [2019] AATA 2236, the recorded issues were police clearance documents provided and several extensions of time granted. These decisions show the value of proving that a certificate has been applied for, and of asking for more time with a proper explanation.

Bogus certificates obtained through third parties

Two decisions record the risk of using intermediaries. In Adan (Migration) [2021] AATA 341, a Subclass 309 matter, the recorded issues were a bogus document or false or misleading information, a police clearance certificate from a third country assessed as counterfeit, and an application for the certificate made through a local agent. In Noor Dimbil (Migration) [2021] AATA 846, also a Subclass 309 matter, the recorded issues were a bogus police check document, help obtained from a third party, and the applicant being unaware of the bogus status. Every partner visa overseas police certificate should therefore come directly from the issuing authority or through a channel the Department names. The guide to what to expect at an ART review explains the review process, a visa appeal lawyer can assess whether a refusal is worth taking further, and the guide to a partner visa after a visa refusal covers the position where a fresh application is being considered. Review deadlines are short and strictly applied.

How My Migration Lawyers handles partner visa overseas police certificates

My Migration Lawyers handles partner visa overseas police certificates as part of planning the whole application, by mapping every country each applicant and the sponsor has lived in, identifying which certificates are needed and which will be slow, and managing the character evidence through to the permanent stage. The firm acts in many partner visa matters where overseas certificates are the main source of delay or risk, and it regularly handles complex cases involving applicants and sponsors who have lived in several countries, countries with no reliable certificate procedure, prior military service, and criminal records that need to be explained.

Mapping the countries before anything is ordered

The firm starts by building a residence history for every applicant and for the sponsor, using the client's own account and the immigration history the firm obtains itself. It applies the 12 month, 10 year and age 16 test to each country, including cumulative stays that clients often overlook. The result is a clear list of every partner visa overseas police certificate needed, for every person, before any application is made to a foreign authority. This prevents the common situation where a certificate is ordered for the wrong country, or a country is missed entirely.

Identifying the right authority and route for each country

For each country on the list, the firm checks the Department's country guidance, identifies the correct issuing authority and the accepted application route, and tells the client exactly which form, which fingerprint process and which supporting documents that authority requires. Where a country needs an embassy application, an in-country representative or an apostille, the firm explains the steps in plain language. The aim is that each partner visa overseas police certificate is requested once, correctly, from the right source. This is a large part of what an immigration lawyer for a partner visa adds, and the guide comparing a partner visa lawyer with doing it yourself explains where couples most often need help.

Managing timing against the lodgement date

The firm plans the order in which certificates are requested, so the slowest ones start first and each one is likely to be current when the Department decides the application. Where an onshore applicant has a visa expiry date, the firm makes sure lodgement is never delayed by a slow certificate, and that proof of application is placed on the file. Where the Department requests a certificate, the firm prepares the response and, where needed, the written explanation and request for more time.

Difficult countries, waivers and records

Where a partner visa overseas police certificate cannot be obtained, the firm assembles the evidence of every attempt and prepares a clear written explanation for the Department, so the decision maker can assess whether the waiver process applies. Where a certificate discloses a record, the firm advises on the character test, reviews the court documents, and helps the client present an accurate and complete account. Where military service is involved, the firm makes sure Form 80, the service records and the certificates are consistent. The firm also advises on related issues that can arise in the same application, such as Schedule 3 waivers, family violence provisions and the LGBTI partner visa.

When couples come to the firm

Couples come to My Migration Lawyers at different points. Some want the full list of overseas certificates worked out before they lodge. Some lodged themselves and now face a request they cannot meet in time, a situation covered in the guide to hiring an immigration lawyer after lodging your own application. Some want a second opinion from an immigration lawyer on a difficult country. Others come after a partner visa refusal connected to character evidence, or a broader visa refusal, and want to know their partner visa appeal options while there is still time to act. Where urgent action is needed, the guide to urgent immigration lawyer advice explains what to bring. Where the firm is appointed, it lodges Form 956 so the Department corresponds with the firm.

Who leads the work

My Migration Lawyers is an Australian immigration law firm that acts as a partner visa lawyer for couples at every stage. Partner visa work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. More about the firm is on the About My Migration Lawyers page and the partner visa lawyers page. 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. The guide to booking an immigration lawyer consultation explains what happens at the first meeting. Couples comparing their options can also read the guides to the best partner visa lawyer in Australia and the factual comparison of a migration agent and an immigration lawyer.

Book a consultation about your partner visa overseas police certificates

If you are not sure which partner visa overseas police certificate you need, or a certificate is slow, missing or difficult to obtain, the right time to get advice is before lodgement or before the Department's deadline. Book a Consultation with My Migration Lawyers to have every country, every family member and every certificate checked. You can also call 1300 040 300.