Police Check for the sponsor in the 820/801 visa?

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  • 1 Post By Skybluebrewer
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Police Check for the sponsor in the 820/801 visa?


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Old 04-21-2018, 03:07 AM
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Police Check for the sponsor in the 820/801 visa?

Hello all,

Just wanted to confirm I have got this completely right.

I have been living in Australia since July 2007 and got my Australian citizenship in September 2015. Now I am married to someone from my home country. We will be applying for the partner visa soon and wanted to know if I (as the sponsor) required police checks from any other country I previously resided in.

Based on this wording on their website:

"If the sponsor has spent a total of 12 months or more outside Australia since turning 16, they must also provide a police certificate from any country, including their home country, that they spent a total of 12 or more months in the last 10 years."

and the wording in the actual 40SP (Sponsorship form) document which states:

"a foreign police check for every country in which you have
lived for a period of 12 months or more or a total period of
at least 12 months since the latest of the following dates:
10 years before the date of the request to provide the
police check(s); or
the date you turned 16"



I am coming to the conclusion that I have to submit only my Australian police checks and not overseas police check. Before coming to Australia in 2007, I lived in 2 other countries for more than a year, but that was over 10 years ago.

If you guys can please help me out and make sure I have got it right - it is much appreciated!

Thanks in advance!


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Old 04-21-2018, 05:47 AM
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Just provide any that you've spent a cumulative 12 months or more in the last 10 years.

"If the sponsor has spent a total of 12 months or more outside Australia since turning 16, they must also provide a police certificate from any country, including their home country, that they spent a total of 12 or more months in the last 10 years."

It looks confusing but if you were only 24 years old, you'd only need to supply police certs for any country spent 12 months or more in (cumulative, not consecutive) since turning 16, so in those 8 years. But if you're 30, you'd only need to provide them for countries lived in 12 months or more in the last 10 years.

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Old 04-21-2018, 08:50 AM
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Thanks Skybluebrewer for the reply!

I am 31 years old and arrived in Australia when I was 21. So I guess only Australian checks are enough as I did not live in any other country for more than 12 months cumulative.

Cheers!


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Old 04-21-2018, 09:00 AM
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Correct. Keep in mind that a CO can still choose to request it. They are known to do such things on case by case basis. For example, I know of AFP police checks requested of people applying for partner visas even though they hadn't spent 12 months or more in Australia in the last 10 years.

But as far as the initial application goes, it sounds like you only need an AFP police check.

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