Do I Need Police Clearance for a Visa Application?
Applying for an Australian visa, one component of demonstrating your eligibility is meeting the character requirement. The way to show of good character is to provide police clearance certificate(s), sometimes referred to as criminal history checks, from various countries you have lived in.
The Character Requirement
Under Section 501 of the Migration Act 1958, all visa applicants must satisfy the character test. This test assesses whether an applicant is of good character and does not pose a risk to the Australian community. Police clearance certificates are a primary tool used by the Department of Home Affairs (DoHA) to make this assessment.
When Are Police Clearance Certificates Required?
Generally, you will need to provide police clearance if you:
Are aged 16 years of age and older.
Have lived in a country for 12 months or more (accumulated in the last 10 years).
Also, may need an Australian Federal Police (AFP) National Police Check for time spent in Australia.
Why Are Police Clearances So Important?
DoHA uses these certificates to identify any criminal history, convictions, or charges that might indicate you fail the character test.
They help ensure that individuals with problematic backgrounds do not gain entry or remain in Australia.
What if I have a Criminal Record?
If your police clearance certificate reveals a criminal record, it does not automatically mean your visa will be refused. DoHA will assess the nature, seriousness and recency of the offence, the sentence imposed, and any evidence of rehabilitation. Seek advice from an experienced Accredited Specialist in Immigration Law who can assess the potential impact of your record and help you prepare a robust submission addressing character concerns.
Related:
What Happens if You Don’t Provide Police Clearances?
Your application cannot be finalised without the required police clearances, leading to significant delays. Read on for the benefits of a decision-ready application.
If you fail to provide the requested police clearances within the given timeframe, or if the certificates reveal adverse information that causes you to fail the character test, your visa application will likely be refused.
Attempting to hide a criminal record or failing to disclose a required police clearance can be seen as providing false or misleading information, potentially leading to a visa refusal under Public Interest Criterion (PIC) 4020 and a re-entry ban under PIC 4014 and/or section 48 bar.
Related: Do I Have to Disclose Old Criminal Convictions in My Visa Application?
How to Obtain Police Clearance Certificates?
The process for obtaining a police certificate varies significantly by country.
Obtaining police clearances can often be a lengthy process, particularly from some countries. It is strongly recommended to begin this process well in advance of submitting your visa application to avoid delays.
Police certificates usually have a validity period of 12 months from the date of issue.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
Section 116 and 501 Cancellations. What’s the Difference and Why It Matters?
Charged, Not Convicted: Does it Affect My Visa or Citizenship Application?
Do I Need a Migration Agent or an Immigration Lawyer? Understanding the Difference
Evidentiary Building Explained: Working with an Immigration Lawyer
How Can Agape Henry Crux Help
Consult with one of our Accredited Specialists in Immigration Law – Jason Ling or Angela De Silva to get professional, tailored advice on the best course of action if you have a character issue. Our team of immigration lawyers specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
Our founder and principal lawyer, Jason Ling, has been recognised in the 2026 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.
We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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