Do I Need a Police Check for a Partner Visa?

Who needs a police check for a partner visa?

The people who need a police check for a partner visa are the applicant and any family members aged 16 or over who are included in the application. The sponsor may also need to provide police checks where the application includes a child under 18, because the regulations protect children from sponsors with relevant convictions. Our article on partner visa character requirements explains the character test, and our page on partner visa sponsorship limitations explains the sponsor rules.

Which countries do I need police certificates from?

An applicant needs police certificates from each country where they lived for 12 months or more in the last ten years, counted from the age of 16. Time can add up across separate stays in the same country. The certificate must be the type the Department accepts for that country, which is often a national certificate rather than a local police station letter, and the name on it must match the applicant's passport or be explained. Certificates not in English need a translation. An applicant who has lived in Australia for that period also needs an Australian National Police Check. Our article on the partner visa AFP police check explains how the Australian check is obtained.

What if a country takes a long time to issue a police certificate?

A country that takes a long time to issue a police certificate is a common reason for partner visa delays, so applications should be made early. Some countries require the request to be made in person or through an embassy, and some require fingerprints. Where a certificate cannot be obtained despite genuine efforts, the applicant should keep evidence of every attempt and explain the position to the Department. Our article on partner visa processing delays explains how missing documents slow decisions.

What if my police certificate shows a conviction?

A police certificate that shows a conviction does not automatically mean a partner visa will be refused. The Department considers the nature of the offence, the sentence, how long ago it happened and evidence of rehabilitation, and it also weighs the relationship and any Australian children. Some sentences mean the applicant does not pass the character test, and then discretion decides the outcome. Our articles on the partner visa with a criminal record and overseas convictions explain how these cases are assessed.

What if I have pending charges?

Pending charges should be disclosed in a partner visa application, because the Department asks about them directly and failing to disclose can raise PIC 4020 and a separate integrity concern. The Department may wait for the charges to be decided before deciding the visa. Our article on partner visa pending charges explains what to do while the court process runs.

How does My Migration Lawyers manage police checks and character issues?

My Migration Lawyers maps the applicant's residence history against the ten-year period at the start, so every certificate is ordered early and none are missed. Where a record exists, the firm obtains the court documents, prepares the character submission and presents evidence of rehabilitation and family ties before the Department raises the issue. Applicants with a record can speak with our partner visa lawyers before lodgement.