Character Requirements

 

From the DIBP website you will not pass the character requirement if:

  • you have a substantial criminal record, meaning you have been sentenced to 12 months or more in prison, or multiple sentences that add up to more than 12 months in prison. A suspended sentence is considered a prison sentence.
  • you have been convicted of escaping from immigration detention, or convicted for an offence that you committed:
    • while you were in immigration detention
    • during an escape from immigration detention
    • after an escape, but before you were taken into immigration detention again.
  • you are or have been a member of a group or organisation, or had or have an association with a person, group or organisation that the Minister for Immigration reasonably suspects of involvement in criminal conduct
  • the Minister for Immigration reasonably suspects that you have been involved in people smuggling, people trafficking, genocide, a war crime, a crime against humanity, a crime involving torture or slavery, or a crime that is of serious international concern, whether or not you have been convicted of such an offence
  • your past and present criminal or general conduct shows that you are not of good character
  • there is a risk that while you are in Australia you would:
    • engage in criminal conduct
    • harass, molest, intimidate or stalk another person
    • vilify a segment of the Australian community
    • incite discord in the Australian community or in a part of it
    • be a danger to the Australian community or a part of it.
  • you have been convicted of, or found guilty or had a charge proven for one or more sexually based offences involving a child,
  • you are subject to an adverse security assessment by the Australian Security Intelligence Organisation
  • you are subject to an Interpol notice, from which it is reasonable to infer that you a direct or indirect risk to the Australian community, or a segment of the Australian community.

(Source: Department of Immigration and Border Protection)

Generally you are required to provide police clearance certificates for each country which you have lived in for 12 months or more over the last 10 years, since you were aged 16 or over.

As part of the character requirements you may be asked to complete and submit a Form 80 – Personal particulars for character assessment.

There are different character requirements depending on whether you are applying for an Australian visa or citizenship. To find out more details about the requirements visit the DIBP webpage here.

 

Police Clearance Certificates

 

Australia - Australian Federal Police (AFP)

You need to use code 33 at question 1 of the form. No fingerprints are required for the application.

 

All other countries - DIBP Country Information webpage

Visit the DIBP page and find the country which you are applying for a police clearance certificate. The relevant authority and application procedures will be listed.

Still not sure about obtaining the police clearance certificate? Contact Work Visa Lawyers and we will try to assist.

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