Australia takes character seriously as part of its visa assessment process. Whether you are applying for a partner visa, a skilled visa, or permanent residency, the Department of Home Affairs needs to be satisfied that you meet the character requirement under section 501 of the Migration Act 1958. For most applicants, the practical starting point is the police clearance — and getting this right from the beginning matters more than many people realise.
What Is the Character Requirement?
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Under section 501 of the Migration Act, a person fails the character test if they have a substantial criminal record, have been convicted of certain types of offences, or if the Minister is satisfied they have associations with criminal groups or pose a risk to the Australian community.
For the vast majority of visa applicants, the character test is straightforward: you demonstrate you do not have a relevant criminal history, primarily through police clearance certificates. But the process of obtaining and submitting those clearances trips up more applicants than you would expect.
Who Needs to Provide Police Clearances?
Different visa subclasses have different requirements, but as a general rule:
- For most substantive visa applications, applicants aged 16 years or older who have spent 12 months or more in a country other than Australia during the past 10 years need to provide a police clearance from that country.
- For partner visas (subclass 820/801 and 309/100), both the primary applicant and in some cases the sponsor may be required to provide clearances.
- For skilled visas, DAMA pathways, and employer-sponsored streams, clearances from all relevant countries are standard requirements.
- Children under 16 are generally not required to provide police clearances, though this can vary by visa type.
Which Countries Are You Responsible For?
You need police clearances from every country where you have lived for 12 months or more — cumulatively, not necessarily consecutively — in the last 10 years, excluding Australia. This catches people off guard. If you lived in the UK for two years, then moved to Canada for 18 months, then came to Australia, you will need clearances from both the UK and Canada.
Work through your residential history systematically. Do not rely on memory — if you have held passports, check the entry and exit stamps to piece together your timeline accurately.
How Do You Obtain Police Clearances?
Each country has its own process for issuing police clearances, and processing times vary enormously. Some practical points:
- Australia: The AFP (Australian Federal Police) National Police Check covers your time in Australia and can be applied for online through the AFP website.
- United Kingdom: ACRO Criminal Records Office handles overseas clearance requests for former residents.
- India: Police clearances are issued through the Regional Passport Offices and can take considerable time to arrive.
- Pakistan: Clearances are issued through the Ministry of Interior.
- Philippines, South Korea, China: Each has its own government body — the Department of Home Affairs website provides country-specific guidance on where to apply.
Start early. Police clearances typically need to be less than 12 months old when your visa application is decided — not just when you lodge. If processing times are long, your clearance could expire before a decision is made, requiring you to obtain a fresh one mid-assessment.
What If the Police Clearance Is Not in English?
This is where applicants frequently run into problems. A police clearance issued in a language other than English must be accompanied by a NAATI-certified translation before it can be submitted to the Department of Home Affairs. A regular translation — even an accurate one from a bilingual professional — is not accepted. The translation must be completed by a translator accredited through NAATI, the National Accreditation Authority for Translators and Interpreters.
If you need clearances or other immigration documents translated, services like Translate by LodgeHQ provide NAATI-certified translations that meet the Department requirements. Submitting an uncertified translation is a common and easily avoidable mistake that can delay your processing or trigger a request for further information.
Police Clearances vs Character Declarations: What Is the Difference?
Some applicants confuse police clearances with the character declarations they complete as part of the visa application form. These are separate:
- The character declaration is part of the application itself — you declare whether you have been convicted of offences, sentenced to imprisonment, or been the subject of proceedings that could result in a conviction.
- The police clearance is the third-party certificate that supports or contradicts that declaration.
You need to be accurate and consistent across both. If your clearance shows a conviction that you did not disclose on the form, that inconsistency will raise questions and could result in a character-related refusal — even if the underlying offence would not have automatically failed the character test on its own.
What If You Have a Minor Conviction?
A conviction does not automatically mean your visa will be refused. The character test and the exercise of ministerial discretion under section 501 are separate matters. Many applicants with minor or historical convictions have successfully obtained Australian visas. What matters is the nature of the offence, how long ago it occurred, and whether it falls within the specific categories that trigger automatic failure of the character test — such as a sentence of 12 months or more imprisonment.
If you have any criminal history, even something minor that happened years ago, discuss it with a migration agent before lodging. Being prepared with context and supporting evidence is far better than being caught off guard during processing.
A Note on Honesty Throughout the Process
The character requirement is not just about criminal records. It also encompasses providing accurate information throughout the visa process. Applicants who have misrepresented their character history on previous applications face significant obstacles, even if the original issue was minor. Every visa application is an opportunity to present your history honestly and completely — and a registered migration agent can help you do that in the most effective way possible.
Practical Summary
To meet the character requirement without unnecessary delays:
- Compile a 10-year residential history outside Australia
- Identify every country where you lived for 12 months or more (cumulatively)
- Apply for police clearances from each of those countries as early as possible
- Obtain NAATI-certified translations for any clearances not in English
- Cross-check your clearances against your character declarations for consistency
- If you have any criminal history, seek migration advice before lodging
Getting the character evidence right at the beginning avoids delays, requests for further information, and the anxiety of wondering whether a procedural issue might derail an otherwise strong application.
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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