What If I Cannot Get a Police Certificate?

Why does a partner visa need police certificates?

A partner visa needs police certificates because the applicant must meet the character requirement under section 501 of the Migration Act 1958, and certificates are the main way the Department checks criminal history. Certificates are usually needed from each country where the applicant has lived for 12 months or more in total over the last 10 years since turning 16, and from Australia where relevant. Our article on partner visa character requirements explains the test, and our article on the partner visa AFP police check explains the Australian check.

What are the common reasons a police certificate cannot be obtained?

The common reasons a police certificate cannot be obtained are that the issuing authority requires the applicant to apply in person, that there is no functioning authority in the country, that the applicant's identity documents do not match local records, or that the authority does not respond. Conflict, sanctions and closed embassies can also make a certificate impossible to get for a time. The Department's country-specific guidance explains the usual process, so the first step is to check whether there is an approved alternative method.

What should I give the Department instead?

An applicant who cannot obtain a certificate should give the Department evidence of each attempt, such as application receipts, emails, embassy correspondence and refusals, together with a clear written explanation. The Department may then decide whether it can assess character in another way or whether it will wait. Our article on partner visa evidence translation explains how to present documents that are not in English.

Can my partner visa be refused for a missing police certificate?

A partner visa can be refused if the Department is not satisfied that the applicant meets the character requirement, and a missing certificate with no explanation makes that more likely. Where the Department requests a certificate under section 56, the applicant must respond within the deadline even if the response is that the certificate cannot be obtained. Our article on the partner visa section 56 request explains how to respond, and our article on partner visa S56 extension explains how to ask for more time.

What if the police certificate shows a conviction?

A police certificate that shows a conviction does not automatically prevent a partner visa, but the Department will assess the conviction against the character requirement. The applicant should give the court documents and a full explanation rather than wait for the Department to ask. Our article on the partner visa criminal record explains how convictions are assessed.

How does My Migration Lawyers deal with a police certificate that cannot be obtained?

My Migration Lawyers deals with an unobtainable police certificate by documenting the problem before the Department asks, so the file already shows a real effort and a clear reason. The firm checks the Department's guidance for the country, helps the applicant make the correct request through the right channel and prepares a written submission explaining what was tried and why it failed. Applicants facing this problem can raise it with our partner visa lawyers early in the process.