Overseas police certificates are required for each country where you have spent 12 months or more in total in the last 10 years since turning 16, according to Home Affairs’ Partner visa (subclasses 820 and 309) pages.
Home Affairs’ partner visa pages also require character documents for included dependants aged 16 or 17.
Police certificates are valid for 12 months for immigration purposes, according to Home Affairs’ Partner visa (subclass 820) page.
Under regulation 1.20KC(5)–(6) of the Migration Regulations 1994, the Minister may request a sponsor’s Australian and overseas police checks, and failure to provide requested checks may lead to sponsorship refusal.
Start by listing each person’s countries of residence and cumulative time spent there against the requirements below.
Government sources checked 3 October 2026.
Home Affairs’ partner visa and character requirements pages set out applicant certificate requirements, while regulation 1.20KC of the Migration Regulations 1994 provides a separate sponsor request power: the triggers differ.
| Who needs checking | Which certificate | Code 33 selection | Validity for immigration purposes |
|---|---|---|---|
| Applicant or included family member aged 16 or over, where the Australian residence threshold is met | AFP National Police Certificate with complete disclosure | Code 33 – Immigration/Citizenship | 12 months |
| Applicant or included family member aged 16 or over, for each overseas country meeting the residence threshold | Overseas police certificate | Not applicable to an overseas certificate | 12 months |
| Sponsor, where an Australian check is requested | AFP National Police Certificate with complete disclosure | Code 33 – Immigration/Citizenship | 12 months |
| Sponsor, for an overseas country covered by a requested check | Overseas police certificate | Not applicable to an overseas certificate | 12 months |
For applicants, Home Affairs’ Partner visa (subclasses 820 and 309) pages use a threshold of 12 months or more in total within the last 10 years since turning 16. The sponsor’s corresponding request power under regulation 1.20KC is explained separately below.
Which police check does a partner visa need?
The Australian police check for a partner visa is an AFP National Police Certificate with complete disclosure under Code 33, according to Home Affairs’ character requirements and Partner visa (subclass 820) pages; state- or territory-issued police certificates are not accepted.
For your partner visa preparation, distinguish the AFP National Police Check, which is the check, from the AFP National Police Certificate, which records its result. They are not competing certificate types.
Home Affairs’ Partner visa (subclass 820) and character requirements pages specify:
- An Australian certificate for applicants and included family members aged 16 or over who meet the Australian residence threshold: 12 months or more in total in the last 10 years since turning 16.
- An AFP National Police Certificate with complete disclosure and Code 33 – Immigration/Citizenship.
- No acceptance of state- or territory-issued police certificates.
Not every applicant automatically needs an Australian certificate under that residence rule. Prepare by checking:
- Firstly, identify the person’s age and Australian residence periods.
- Secondly, check the required AFP certificate type, complete disclosure and Code 33 selection.
- Thirdly, compare the person’s certificate details and residence history with their application documents.
A police certificate is separate from Form 80; completing the form does not replace the certificate.
Home Affairs’ Partner visa pages for subclasses 820, 309 and 300 list Form 80 among the character documents to complete and attach to the application.
See is Form 80 required for partner visa for the separate form requirement.
Overseas police certificates
Overseas police certificates are required for each overseas country where the applicant has spent 12 months or more in total in the last 10 years since turning 16, according to Home Affairs’ Partner visa (subclasses 820 and 309) pages.
These illustrative examples apply the residence threshold stated on Home Affairs’ Partner visa pages; they are not an individual assessment.
| Country | Total time within the relevant period | Certificate requirement |
|---|---|---|
| Illustrative overseas country A | 12 months in total | Certificate required under the stated partner-visa checklist rule |
| Illustrative overseas country B | Less than 12 months in total | Stated threshold not met; this does not mean the Department will never request a certificate |
Do separate stays count towards 12 months?
Separate stays count towards the 12 months in an overseas country because Home Affairs’ Partner visa pages use time spent there ‘in total’.
Hypothetical arithmetic example: two six-month stays in the same overseas country equal 12 months in total. Both stays in this example fall wholly within the last 10 years and after the person turned 16.
What if a dependant is 16 or 17?
A dependant aged 16 or 17 needs character documents under Home Affairs’ partner visa checklists, with police-certificate residence periods counted since turning 16.
Home Affairs’ partner-specific pages use age 16. Its general character requirements page describes a usual request using the wording “over the age of 17”, but that should not replace the age-16 instructions on the partner visa checklists.
The sponsor’s police check
The sponsor’s police check is subject to the request power in regulation 1.20KC(5) of the Migration Regulations 1994, which covers Australian checks and overseas countries where the sponsor has lived for at least 12 months since the later of 10 years ago or turning 16.
Unlike the applicant checklist, this provision gives the Minister a power to request sponsor checks. It does not make every sponsor subject to an unconditional request.
Home Affairs’ Partner visa (subclass 820) sponsor instructions and partner visa frequently asked questions call for a complete-disclosure AFP National Police Certificate, not a state certificate, together with relevant overseas certificates.
Which overseas countries are covered for a sponsor?
A sponsor’s overseas police checks cover countries meeting the 12-month residence threshold within the period beginning at the later of 10 years ago or age 16, under regulation 1.20KC(5) of the Migration Regulations 1994.
For preparation, identify that starting point, then list the sponsor’s residence periods in each overseas country. Keep the sponsor’s history separate from the applicant’s.
What happens if a sponsor does not provide a requested check?
Failure to provide a requested sponsor police check may lead to sponsorship refusal under regulation 1.20KC(6) of the Migration Regulations 1994.
“May” matters: this is a discretionary consequence, not automatic refusal.
How long a police certificate is valid
Police certificates are valid for 12 months for immigration purposes, according to Home Affairs’ Partner visa (subclass 820) page.
To organise your certificates:
- Record the certificate date beside the relevant person and country.
- Compare the certificate with the documents required for the current visa stage.
- Check any Departmental request before deciding whether an existing certificate answers it.
Use the partner visa document checklist to organise the wider document set. These steps are not an automatic replacement schedule or an assurance that an existing certificate will be accepted.
Is another police certificate needed at the 801 stage?
Home Affairs’ Partner visa (subclass 801) page asks for an Australian police certificate if none was provided for the 820, and overseas certificates for countries where 12 months or more have been spent since the 820 grant.
The Partner visa (subclass 801) page lists these separately:
- Australian certificate: provide one if none was provided for the 820.
- Overseas certificates: provide certificates for countries where 12 months or more have been spent since the 820 grant.
These instructions do not say every earlier certificate must be replaced at stage two.
When a police certificate shows a conviction
A conviction on a police certificate requires separate consideration for the applicant and sponsor: section 501 of the Migration Act 1958 concerns the applicant’s character test, while regulations 1.20KC–1.20KD of the Migration Regulations 1994 govern relevant sponsor convictions.
The certificate records information; the legal assessment considers that information under the applicable provisions. See section 501 of the Migration Act for the applicant-character context.
| Whose certificate | Relevant legal assessment | Details to check |
|---|---|---|
| Applicant | Section 501 of the Migration Act 1958 and Public Interest Criterion 4001 in the Migration Regulations 1994 | Offence, sentence and other character-test grounds |
| Sponsor | Relevant offence plus significant criminal record under regulations 1.20KC–1.20KD of the Migration Regulations 1994 | Offence category, sentence history and statutory considerations |
What does an applicant’s conviction mean?
An applicant’s conviction is assessed against the character test in section 501 of the Migration Act 1958, which includes substantial criminal records and other grounds beyond imprisonment.
Section 501 of the Migration Act 1958 defines a substantial criminal record to include a death or life sentence, imprisonment of 12 months or more, or multiple terms totalling 12 months or more. Because other character-test grounds exist, a sentence below 12 months does not guarantee that the test is passed.
What does a sponsor’s conviction mean?
A sponsor’s conviction triggers mandatory refusal under regulations 1.20KC–1.20KD of the Migration Regulations 1994 when it is for a relevant offence and the sponsor has a significant criminal record for such offences, unless the Minister considers approval reasonable.
Under regulations 1.20KC–1.20KD of the Migration Regulations 1994:
- Relevant offence categories include violence, stalking or harassment, protection-order breaches, weapons and specified serious offences.
- A significant criminal record includes death, life imprisonment or imprisonment totalling at least 12 months for relevant offences.
- Statutory considerations include time since completion of sentence, children’s best interests and relationship length.
The partner-visa provisions in the Migration Regulations 1994 also require the sponsor’s consent to disclosure of relevant-offence convictions to applicants, as Home Affairs’ Partner visa (subclass 820) page explains.
The applicant’s substantial criminal record and sponsor’s significant criminal record are distinct legal labels, not interchangeable tests.
When a record needs a lawyer
Ask an Australian migration lawyer to check your partner visa police certificates if they disclose a criminal record, conflict with your application history or form part of a Departmental request with a response deadline.
The lawyer can:
- Firstly, check whether the applicant and sponsor have supplied the required Australian and overseas certificates.
- Secondly, check residence histories, names and certificate details for consistency with the application and Form 80.
- Thirdly, identify which applicant-character or sponsor-conviction provisions need consideration.
- Fourthly, check what the Department has requested, what evidence is missing and the deadline stated in the correspondence.
For sponsor-record context, see partner visa sponsor criminal record.
Home Affairs’ Using a legal practitioner page explains that lawyers can provide immigration assistance but cannot guarantee a visa or fast-track processing.
If you have received a cancellation notice or already have a cancellation decision, see visa cancelled Australia.
Ask an Australian migration lawyer to check the relevant certificates, criminal-record evidence and any Departmental deadline before you lodge or respond.
Ask about a partner visa police-check issue.
The shared enquiry form sends private questions to Australian Migration Lawyers. This guide is not a law firm; seek an Australian migration lawyer directly for a time-sensitive police-check issue.