Updated: 26 March 2025
Applying for a Partner Visa is an exciting step, but it also comes with a mountain of paperwork to complete! Some of the essential legal requirements include applying for police checks and ensuring you meet the character test so there are a few important things you need to know. In this blog we’ll break down:
- How the character test works and the differences in requirements for the sponsor and the visa applicant
- Who needs a Partner Visa police check
- Answers to the most frequently asked questions
Whether you’re just starting your application or want to avoid common mistakes, this blog will help you navigate the process.
What is the Partner Visa police check process?
Although there are several methods the Department utilises to source and verify information about a person’s criminal history and character, requesting police checks is the basis for an assessment of character for both the visa applicant and the sponsor when it comes to a Partner Visa application.
In general, you and your partner will be expected to provide a police clearance certificate from any country you have spent 12 months or more in the last 10 years (and since turning 16 years old). The time is calculated cumulatively not consecutively, which is one of the reasons the application form requests your detailed address and travel history.
Partner Visa police checks are generally valid for 12 months from the date of issue regardless of the validity period listed on the document itself. If your police check was issued more than 12 months ago, you may be required to obtain a new one. In some cases where you have not returned to the country of issue since the expiry of the clearance, case officers have discretion to extend the validity.
Responding to a request for a Partner Visa police check
Believe it or not, one of the most common mistakes we see couples make is either not responding to a request to provide Partner Visa police checks in the required timeframe, or not providing the right type of check. I have seen my fair share of easily avoidable refusals for failing to meet these requirements.
There are several different types of police clearances or backgrounds checks available depending on their intended purpose (e.g. employment, working with children, etc.) and the information disclosed can vary.
Depending on your location at the time of applying, time spent in each country, and visa status for the relevant country (e.g. citizen, work permit, etc.), different requirements and processes apply. You may be required to provide a state police clearance as well as a national check or need to provide different documents or have a different application method depending on the country and your location at the time of applying.
Some police checks require the submissions of fingerprints and there are different rules and requirements for acceptable formats eg. digitized prints taken with an approved provider in country or ink rolled prints using a particular finger print card.
Instructions are available on the Department’s website under the “Find an Office” function. You can search for Police Check Requirements by choosing the country from the drop down menu.
Pro Tip: If you Google “Australian Police Check,” many of the top results are for 3rd party providers that are not authorised to provide Australian police checks for immigration purposes! Make sure you obtain an Australian Federal Police Check and select: Purpose of Check 33
What if you can’t respond to a request for a Partner Visa police check in time?
The processing times for police checks will vary depending on the jurisdiction. Some countries have a digital service with instant downloads whereas others require postal applications, certified documents, power of attorney, and fingerprint requirements and can take several weeks or months.
The time and costs to apply for and receive your Partner Visa police check all need to be factored in to your overall plans. In some cases there are benefits to starting this process sooner rather than later, and in other instances you might decide to apply post lodgement.
If for any reason you cannot provide a police check in the requested timeframe, the Department need to be satisfied that you are making appropriate arrangements to comply with the request and the delays are outside of your control. Failure to provide documents or appropriately communicate delays can lead to a visa refusal.
What is the character test?
When it comes to granting visas, Australia reserves the right to decide who can enter and remain in the country. The safety of the community is the highest priority in visa decisions so the character test is designed to support these requirements.
Most people will pass the character test unless they have a history of criminal convictions or have engaged in other serious misconduct but there are still a few things worth knowing.
The character test is defined in section 501(6) of the Migration Act, and provides the overarching framework for when a visa should be refused or cancelled such as:
- Where you are considered to have a substantial criminal record
- On review of your past and present general and criminal conduct, a person demonstrates a lack of enduring moral quality
- Offences committed in immigration detention or during an escape
- Suspected involvement/association with groups or people involved in criminal conduct (eg. gangs or organised crime groups)
- Offences involving family violence or against a vulnerable person
- Involvement in people smuggling or trafficking, war crimes, genocide, crimes involving torture or slavery or crimes of serious international concern
- Sexually based offences involving a child under 18
- Behaviour that is disruptive or in violence threatening harm to the community (or a segment)
- There is a risk of engaging in criminal conduct or the person will harass, molest intimidate or stalk another person in Australia
- Interpol notices or Australian Security Intelligence Organisation (ASIO) assessments
Some elements of the character test are purposefully broad and subjective and allow discretion, whereas other sections are well defined and impartial.
What is a substantial criminal record?
Most character related refusals or cancellations are in relation to individuals who have what is considered a substantial criminal record. This part of the legislation is clearly defined and in most cases the details on a Partner Visa police check will be sufficient to determine if you have a substantial criminal record.
For the purpose of the character test, a person is considered to have a substantial criminal record if they have been convicted of an offence (or offences) and have been sentenced to death, life imprisonment, sentenced to a term of imprisonment of 12 months or more, or the total of any terms of imprisonment (whether on one or more occasions) is 12 months or more. It may be a single sentence imposed by a court in respect of a single offence, or a single sentence imposed by a court in respect of two or more offences. Where a person receives concurrent sentences, the whole of each term is counted. For example, 5 separate counts of assault and sentenced to 6 months imprisonment on each charge to be served concurrently, the term of imprisonment would be 30 months not 6 months.
Court ordered participation in residential programs for drug rehabilitation or mental illness is also counted as a term of imprisonment equal to the number of days their participation is mandatory.
The full period of sentencing is counted regardless of if the person is eligible for early release, or receives a suspended sentence. It also applies if a person is acquitted of an offence due to mental health issues and detained in a suitable facility or found not fit to plead in relation to an offence, but nevertheless was found to have committed a crime and as a result is detained in a suitable facility or institution.
Non-custodial sentencing such as a 12 month good behaviour bond is not considered a substantial criminal record, however a breach of a good behaviour bond that leads to a sentence may be considered.
In some cases your visa may still be approved despite having a substantial criminal record, but this is not a straightforward process and professional assistance is recommended.
I don’t have a substantial criminal record should I still be worried?
Just because you don’t have a substantial criminal record does not automatically mean you can pass go and collect $200. The Department may still consider cancellation or refusal of a visa if they consider you a character concern. If you have any offences listed on your police check, regardless of the sentence imposed you should expect additional scrutiny of your visa application and you may be requested to provide additional documents such as character references and supporting personal statements outlining the circumstances that lead to any offending. This can include cautions and reprimands.
The Australian community has an expectation that there is a low tolerance of any type of criminal conduct committed in Australia by visa applicants or those who hold a limited stay visa. Offences involving violence or family violence (whether or not a conviction is recorded) are treated particularly seriously as are offences that have the potential to cause harm to others eg. drink driving related offences or drug supply charges.
Law in real life: If you have a pending charge, your visa application can’t be finalised until a final outcome is received. This can lead to significant delays in an application. I’ve seen cases where being in the wrong place at the wrong time lead to some very serious allegations due to a mistaken identity. It took 3 years before the real perpetrator was found and all charges were subsequently dropped and visa processing could continue.
What about spent convictions?
It is important you disclose ANY previous offending even if it is removed from your record – in fact the wording on the application form is very specific about this! Unless you receive a formal pardon or the conviction has been quashed or nullified by a higher court you MUST disclose all relevant details in the application form.
Common Pitfalls: Several jurisdictions operate spent conviction schemes, whereby certain older offences are not disclosed provided a certain period of time has elapsed without any further offending. The details of the offence are not listed in a previous visa application, or the client is under the impression they do not need to be disclosed based on advice in relation to non migration matters and the issue only comes to light during the Partner Visa police check process. Failure to provide complete and accurate information in a previous application can lead to serious issues, including potential refusal and a 3 year ban from being granted a further visa. In these scenarios we always recommend seeking professional advice.
I’m an Australian citizen, why do I need a Partner Visa police check?
Although Australian citizens are not subject to the same character test as a visa applicant, sponsors for a Partner Visa (including permanent residents) are subject to sponsorship limitations which includes an assessment of character. These requirements are targeted towards efforts to reduce family violence and include that the sponsor agrees to disclose certain types of adverse information relating to a history of domestic and family violence or other serious offences to the visa applicant. Failure to consent to the disclosure of this information will lead to a refusal.
Other character requirements for the sponsor include:
- They have not been convicted of a registrable offence if the application includes a child under the age of 18
- They do not have a significant criminal record in relation to a relevant offence.
Relevant offences include:
- violence, including murder, assault, sexual assault or the threat of violence
- harassment, molestation, intimidation or stalking
- the breach of an apprehended violence or similar order
- firearms or other dangerous weapons
- people smuggling
- human trafficking, slavery or slavery-like practices (including forced marriage), kidnapping or unlawful confinement
- attempting to commit any of these offences
- aiding, abetting, counselling or procuring such offences
A significant criminal record includes where the person has been sentenced to death, life imprisonment or sentenced to a term of imprisonment of 12 months or more or the total of any terms of imprisonment (whether on one or more occasions) is 12 months or more.
Where to start
Partner Visa police checks and the character requirements can be a bit of a minefield so if you or your partner aren’t sure where to start or there is something that is worrying you, we highly recommend speaking to a Registered Migration Agent to get tailored advice so you know exactly where you stand.
IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.
