Police certificates are the standard evidence that a subclass 820 applicant, and the family members included with them, satisfy the character criterion. Clause 820.223 of the Migration Regulations 1994 requires the applicant to satisfy public interest criterion 4001 — the criterion about passing the character test in section 501 of the Migration Act 1958 — and clause 820.224 applies it to members of the family unit. The Department of Home Affairs says a certificate is valid for 12 months from the date of issue for immigration purposes.
That 12-month life is the whole problem with this document.
Who needs a police certificate
The applicant needs one, and so does each family member included in the application who is over the age the Department sets for this requirement. The Department publishes that age threshold, and a residence rule — how long you must have lived in a country, within how many recent years, before a certificate from it is required.
Neither threshold could be verified from a source this guide is able to cite, so neither is stated here as a number. Both are published by the Department on its character and police certificate pages, and in the document checklist ImmiAccount generates for your own application. Read them there before you order anything, because they decide how many certificates you need and what the exercise costs.
The shape of the requirement is not in doubt. It reaches back over a defined recent period rather than your whole life, and it turns on where you have lived, not where you hold citizenship.
The sponsor's side of this is separate and works differently — see sponsor character checks.
How long a certificate lasts, and why that is a trap
As at 23 September 2026 the Department's own advice on the subclass 820 step-by-step pages is that certificates are valid for 12 months from issue, that it may ask for them again if they expire before a decision, and that you should check processing times before obtaining them.
Read that as an instruction about sequencing. The Department's visa processing time guide tool shows recently decided applications and is described as a guide only, not specific to your application. If it suggests a wait comfortably longer than a year, certificates obtained the week you lodge will be stale before anyone looks at them, and you will pay twice.
Watch out
Order police certificates late in your preparation, not first. A certificate obtained three months before lodgement has already spent a quarter of its life. 820 visa processing time explains how to read the Department's tool.
There is a real counter-argument: a complete file can be decided sooner, and one that arrives without the character and health documents may sit until they are requested. Decision-ready applications works through that trade-off.
What the Australian police certificate is
For immigration purposes the Australian certificate is the national police check, issued by the Australian Federal Police. It is a nationally coordinated check rather than a check of one state's records, which is why a certificate from a state police service or a private employment-screening provider is not the same document. The Australian Federal Police publishes the application process, the identity documents required and the current fee on its own site.
The purpose you nominate when applying matters: a check obtained for an employer or a volunteering role is not necessarily the code the Department expects for a visa application, and a mismatch means ordering it again.
How overseas certificates differ
Overseas certificates are issued by whatever authority that country uses, under whatever name it gives them — a police clearance certificate, a certificate of good conduct, a penal record extract. Four practical differences matter.
| What differs | Why it matters |
|---|---|
| The issuing body | National police in some countries, a court, justice ministry or consulate in others. The wrong body issues the wrong document |
| Whether you must be present | Some authorities issue only to people in the country, or only through an embassy or an agent holding a power of attorney |
| Fingerprints | Many countries require a fingerprint card, usually taken in Australia and posted |
| Lead time | Weeks in some countries, many months in others — the biggest single reason partner files stall |
So start the slowest country first, and treat translation as part of the job: a certificate in another language needs an English translation, covered on identity documents and translations. Country-by-country notes are collected on police certificates by country.
If a country will not, or cannot safely, issue one
Some countries have stopped issuing certificates. Some issue only to current residents. Some require the applicant to appear in person at a police station, or to name a local contact — not a reasonable thing to ask of someone who left in circumstances that make contact with those authorities unsafe.
None of this is solved by silence in the file. Document the obstacle rather than leaving a hole:
- Write a short, dated statement setting out what you attempted, who you contacted, and what you were told.
- Keep the evidence — the embassy email, the refusal notice, the published notice that certificates are no longer issued.
- Raise it when you lodge, or as soon as it becomes clear, rather than waiting to be asked.
- Check the Department's country-specific instructions. Where a country does not issue certificates, or issues them only in a particular way, the Department's own police certificate pages say so, and that published statement carries far more weight than your description of the problem.
Under section 56 of the Migration Act 1958 the decision maker may get any information considered relevant and may invite the applicant to provide more. That is why an unexplained gap tends to generate a request rather than a decision — requests for more information explains how those letters and their deadlines work. If contacting the authorities of your home country would put you or your family there at risk, say so plainly and get advice before you contact anyone.
What happens if a certificate discloses a conviction
A disclosed conviction is not the end of the application, and concealing one is far more damaging than disclosing it.
The character test is in section 501 of the Migration Act 1958. A person does not pass it if, among other grounds, they have a substantial criminal record. Section 501(7) defines that to include a sentence of death or life imprisonment, a term of imprisonment of 12 months or more, and two or more terms totalling 12 months or more. Section 501(7A) makes clear that where terms are served concurrently the whole of each term counts towards that total — two concurrent three-month sentences total six months for this purpose.
Below that threshold the test does not stop. Other limbs of section 501(6) let the Minister consider past and present criminal and general conduct in deciding whether a person is of good character, and the risk of future conduct. Section 501(10) provides that a sentence or conviction is disregarded where the conviction has been quashed or otherwise nullified.
Criterion 4001 is satisfied where the applicant satisfies the Minister that they pass the test, or where the Minister is satisfied after appropriate inquiries that there is nothing to indicate otherwise. Give the Department what it needs to reach that satisfaction: court documents, the sentence actually imposed, and what has happened since. A minor, old conviction disclosed with a full explanation is a very different file from the same conviction discovered by the Department.
An application prepared with an immigration lawyer is more likely to succeed where there is anything at all on a certificate. The judgement calls — how much to write, which court records to obtain, whether a sentence crosses the section 501(7) line once concurrency is counted — are ones people routinely get wrong when advising themselves. Why 820 visas are refused shows where character sits among the reasons.
What to do next
Check the Department's current age and residence thresholds, list the countries they produce, and start with the slowest. Then read health examinations: health results carry the same 12-month clock and are best sequenced alongside certificates. The rest of the file is on the 820 visa document checklist, and the money side on the other costs of applying.
Common questions
How long is a police certificate valid for a partner visa?
The Department of Home Affairs says police certificates are valid for 12 months from the date of issue for immigration purposes. Because partner applications can take longer than that to decide, the Department may ask for a fresh certificate if yours expires before a decision is made, and it suggests checking processing times before you obtain certificates.
Which countries do I need police certificates from?
The Department asks for certificates from countries where an applicant has lived for a qualifying period within a recent window of years, and it publishes the exact age and residence thresholds, along with country-by-country instructions, on its police certificate pages. Check those current thresholds before ordering anything, because the number of countries involved drives both the cost and the lead time.
Do I need a police certificate if I have never been in trouble with the law?
Yes. A police certificate is not a response to a suspicion about you. It is standard evidence that supports public interest criterion 4001, the character criterion the applicant must satisfy under clause 820.223 of the Migration Regulations 1994, and a clear certificate is the normal outcome.
What if my country will not issue a police certificate?
Some countries do not issue certificates at all, issue them only to residents, or cannot be contacted safely by a person who has left. Explain the position in writing, keep evidence of what you tried, and raise it early rather than leaving a gap in the file. Under section 56 of the Migration Act 1958 the decision maker can seek further information, and the Department's country instructions state where no certificate is available.
Does a conviction mean my 820 will be refused?
Not automatically. The character test is set out in section 501 of the Migration Act 1958, and a person fails it for a substantial criminal record where, among other things, they have been sentenced to a term of imprisonment of 12 months or more, or to two or more terms totalling 12 months or more. Convictions below that threshold can still be considered under other limbs of the test, so disclosure and advice matter.
Sources
Keep reading
Health Examinations and Your HAP ID
How the HAP ID works, what the 820 medical involves, when to do it, the 12-month validity of results, and what happens if a condition is found.
Read the guide →
Identity Documents, Name Changes and Translations
Passports, birth certificates, name change evidence and English translations for the 820 visa — what to provide, what certification means, and how to handle mismatched names.
Read the guide →