Partner Visa Police Check and Character Test
A partner visa applicant must supply a police certificate from every country where they spent a total of 12 months or more in the last 10 years since turning 16, and an Australian Federal Police check costs A$56 as at 23 September 2026.
You meet the character requirement if you pass the character test in s 501 of the Migration Act 1958 (Cth), which the partner visa applies through Public Interest Criterion 4001. The test turns on a substantial criminal record, certain convictions and associations, and the risk factors in s 501(6). This page was checked against the Department of Home Affairs and the Australian Federal Police on 23 September 2026.
| Who needs it | Which certificate | Which countries | The threshold that triggers it | Who issues it | Cost | How long it stays current | When it is given |
|---|---|---|---|---|---|---|---|
| Applicant | Complete disclosure National Police Certificate, Code 33 | Australia | 12 months or more in Australia in the last 10 years since turning 16 | Australian Federal Police | A$56 (A$113 with fingerprints) as at 23 September 2026 | 12 months from issue | With the application, or as soon as possible after |
| Applicant | Police certificate | Every other country | 12 months or more in that country in the last 10 years since turning 16 | That country's police or authority | Set by the issuer | 12 months from issue | With the application, or as soon as possible after |
| Included child aged 16 or 17 | Character documents, as for the applicant | As for the applicant | As for the applicant | As above | As above | 12 months from issue | With the application |
| Sponsor | Australian certificate, plus overseas certificates | Australia, and every country with 12 months or more in the last 10 years since turning 16 | As shown | Australian Federal Police; overseas authorities | A$56 for the AFP check | 12 months from issue | With the sponsorship form, or as soon as possible after |
Do you need a police check for a partner visa?
Yes. Every applicant, and any family member aged 16 or older who applies with you, gives police certificates on the rule in the table. If you served in any country's armed forces, the Department also asks for service records or discharge papers. The sponsor also gives police certificates, and what a conviction means for the sponsorship is set out under partner visa sponsor requirements.
Which police certificates do you need, and from which countries?
The rule, with both numbers: a certificate from every country where you spent a total of 12 months or more in the last 10 years since you turned 16, including Australia. The Department's character page adds that a certificate must cover the time from when you turned 16 up to the issue date, or the whole time you were in that country.
How do you get an overseas police certificate for a partner visa?
- Find the issuing authority for that country on the Department's offices and locations outside Australia pages, which explain how to apply for a police certificate country by country.
- Apply to that authority, not to the Department.
- Attach the certificate to your partner visa application in ImmiAccount, with an English translation if it is not in English.
How do you get an AFP police certificate for a partner visa?
- Apply to the Australian Federal Police for a National Police Certificate. The Department does not accept state or territory police certificates.
- Select Code 33: Immigration/Citizenship, for supply to the Department of Home Affairs, and include every name you have been known by. The Department accepts only a complete disclosure certificate.
- Wait for the certificate. You do not need to give fingerprints for an Australian police check for the Department.
- Attach it to the partner visa application in ImmiAccount.
The application form itself is on the Australian Federal Police's National Police Certificate page.
How much does a police check cost, and how long does it take?
The Australian Federal Police charges A$56 for each National Police Certificate application, or A$113 where fingerprints are needed, as at 23 September 2026. A card surcharge applies to online payments. Most digital certificates arrive within a few days of an online application, according to the AFP; checks that need fingerprints take 15 to 30 business days. Overseas certificates are priced by the issuing authority and are not listed here. The overall total is on the page titled Partner Visa Cost in Australia.
How recent does a police check have to be?
12 months from the date of issue. The Department says police certificates are valid for 12 months for immigration purposes, and it may ask for new ones if they expire before your visa is decided. It also asks for a new certificate if you return to a country after your earlier certificate has expired. Because partner visa processing can take a long time, the Department suggests checking processing times before you obtain them.
What fails the character test?
Section 501(6) of the Migration Act 1958 (Cth) says you do not pass the character test if, among other things:
- you have a substantial criminal record under s 501(7): a sentence of death or life imprisonment, a prison sentence of 12 months or more, 2 or more sentences totalling 12 months or more, or detention after an acquittal on the ground of unsoundness of mind or a finding of unfitness to plead
- you have been convicted of an offence committed in immigration detention, during an escape from it, or after an escape
- the Minister reasonably suspects you have been a member of, or associated with, a group, organisation or person involved in criminal conduct
- the Minister reasonably suspects involvement in people smuggling, people trafficking, genocide, war crimes, crimes against humanity, torture or slavery
- your past and present criminal or general conduct shows you are not of good character
- there is a risk you would engage in criminal conduct, harass or stalk someone, vilify or incite discord, or be a danger to the community
- a court has convicted you of, or found you guilty of, a sexually based offence involving a child
- you are subject to an adverse security assessment or a relevant Interpol notice.
Failing the test does not decide the application by itself. The Department says the Minister can choose to grant a visa to someone who does not meet the character requirements, and Ministerial Direction 110 lists what decision-makers weigh, including family violence and the best interests of children in Australia.
Do you have to disclose an old conviction?
Yes. Form 80 asks whether you have ever "been convicted of an offence in any country", including any conviction now removed from official records, and the Department asks you to declare all criminal conduct you have been charged with or convicted of. A conviction does not drop off because 10 years have passed. Giving false or misleading information engages Public Interest Criterion 4020, a separate ground from character. It can lead to refusal, and a refusal on that ground counts against any further application you make within the next 3 years.
Questions about the partner visa character requirement
Do you need a police check from a country you only visited?
Not if your total time there in the last 10 years since you turned 16 was under 12 months.
Do included children need a police check for a partner visa?
Yes, from age 16. The Department lists character documents for a dependant aged 16 or 17, and anyone 18 or older gives them as an adult applicant.
Can a partner visa sponsor have a criminal record?
It depends on the offence and the rules for sponsors. The sponsor gives police certificates and consents to the Department telling you about any conviction for a relevant offence. The rules are on the sponsor requirements page.
Character, health and Form 80
- The subclass 820 page asks you to complete and attach Form 80, the personal particulars form that holds the character questions.
- The other check at this stage is the partner visa health check.
- For every condition an applicant and sponsor must meet, see partner visa requirements.
An undeclared conviction can refuse an application that would otherwise have passed. A registered migration agent or an Australian legal practitioner reads your record against s 501 and prepares the disclosure properly, so an application they prepare is more likely to succeed. Nobody can promise a grant.
Questions people ask
Do I need a police certificate for a partner visa?
Yes. You need an Australian Federal Police certificate if you have spent a total of 12 months or more in Australia in the last 10 years since you turned 16, and a police certificate from every other country where you spent that long. Your sponsor provides police certificates too.
How recent does a police check have to be for a partner visa?
The Department treats police certificates as valid for 12 months from the date of issue. If a certificate expires before your visa is decided, the Department may ask you for a new one, so check processing times before you get them.
Will a criminal record stop a partner visa?
Not automatically. The question is whether you pass the character test in s 501 of the Migration Act 1958. A sentence of 12 months or more, or terms adding up to 12 months or more, is a substantial criminal record and fails the test, but the Minister can still decide to grant the visa after weighing the circumstances.
Does a criminal record clear after 10 years for an Australian visa?
No. Form 80 asks whether you have been convicted of an offence in any country, including any conviction now removed from official records. The 10-year period applies to where you need police certificates from, not to what you must declare.
Which police check does the Department accept for a partner visa?
Only a complete disclosure National Police Certificate issued by the Australian Federal Police, applied for under Code 33 for immigration and citizenship. The Department does not accept standard disclosure certificates or checks issued by state or territory police.
Sources
Primary sources this page was checked against on 23 September 2026.
- Migration Act 1958 (Cth), s 501 www.legislation.gov.au
- Department of Home Affairs, Character requirements for visas, last updated 20 August 2026 immi.homeaffairs.gov.au
- Department of Home Affairs, Partner visa (subclass 820), step by step and sponsor tabs, last updated 10 August 2026 immi.homeaffairs.gov.au
- Australian Federal Police, Apply for a National Police Certificate www.afp.gov.au
- Migration Regulations 1994 (Cth), Sch 4 Public Interest Criteria 4001 and 4020 www.legislation.gov.au