Police clearance certificates for Australian visas and citizenship

If you are applying for an Australian visa or citizenship, you may be asked to provide a penal clearance certificate for countries you have visited outside Australia, and the Department of Home Affairs will run a National Police Checking Service (NPCS) check on you as part of your application. The official guidance is clear that a criminal record does not automatically mean you will fail the good character requirement — each case is assessed on its merits. This page sets out exactly what the official sources say about police clearance requirements, what the criminal history check covers, and how to prove your permanent residency status once you hold it.

When a police clearance certificate is required

The Department of Home Affairs states that applicants for Australian citizenship aged 18 years and over must be of ‘good character’. Good character generally refers to the ‘enduring moral qualities of a person’. If a person is found to be of good character, the department has considered that they are likely to uphold and obey the laws of Australia and other commitments they make through the pledge of commitment.

In addition to the good character assessment, applicants may need to give the department a penal clearance certificate for countries visited outside Australia. This is a specific document you obtain from the relevant authorities in each country you have visited, and it is separate from the Australian criminal history check that the department runs itself.

The department also states that it cannot approve any applicant for citizenship by conferral, regardless of age, in certain circumstances relating to criminal offences. This means that even applicants under 18 — who are not subject to the general good character requirement — can still be refused in specific criminal circumstances.

What the National Police Checking Service check covers

The Australian Criminal Intelligence Commission (ACIC) works with Australian police agencies to deliver the National Police Checking Service (NPCS). The NPCS allows people to apply for a Nationally Coordinated Criminal History Check (NCCHC). A NCCHC is an important part of the assessment of your citizenship application.

The department forwards information from your citizenship application form to the NPCS and Australian police agencies for checking action. The agencies involved are:

• Australian Federal Police
• New South Wales Police Force
• Victoria Police
• Queensland Police Service
• South Australia Police
• Western Australia Police Force
• Tasmania Police
• Northern Territory Police Force

By signing the NPCS consent section in your citizenship application, in physical or electronic format, you are consenting to these agencies accessing their records to get criminal history information that relates to you. You also consent to them disclosing it to the department according to the laws of the relevant agency and in accordance with the relevant agency’s disclosure policy.

What appears on your criminal history information

The official guidance lists the types of information that may be included in your criminal history information. These are:

• charges
• court convictions, including penalties and sentences
• findings of guilt with no conviction
• court appearances
• good behaviour bonds or other court orders
• matters awaiting court hearing
• warrants and/or warnings
• traffic offences

It is important to note that the list is not limited to convictions. Charges, matters awaiting court hearing, and findings of guilt without a conviction can all appear. The department explicitly states that having a criminal record does not automatically mean you will not meet the good character requirement — each case is assessed on its merit.

The department also advises that it is in your interest to give full and accurate details in your citizenship application. This is consistent with the general visa application advice that applications containing incorrect information or missing documents can take longer to process and may even be refused.

How to dispute an incorrect police check result

If you believe your police check result is incorrect, you have the right to dispute it. The department directs you to the ACIC’s Appeals and disputes page for further information. This is a separate process from the visa or citizenship application itself, and it is the mechanism for correcting errors in the criminal history information that the police agencies hold about you.

Proof of permanent residency

Once you are granted a permanent visa, you can prove that you are an Australian permanent resident by using VEVO (Visa Entitlement Verification Online). You must have an electronic visa record of your permanent visa, and it must be linked to your passport or Immicard. You can also use VEVO to check you have the right to re-enter Australia as a permanent resident before you travel outside of Australia.

If you arrived in Australia before 1 June 1959 and have not left Australia since your arrival, or you are a New Zealand citizen who arrived before 1 September 1994 without a permit and can prove you usually resided in Australia before that date, you may be considered a former Australian permanent resident and eligible to apply for a Resident Return Visa (RRV). You will need an RRV if you wish to travel overseas and re-enter Australia as a permanent resident.

If you do not have an electronic visa record with the department, you do not have to request one before lodging your RRV. However, you should provide the following supporting documentation with your RRV application:

• evidence of your first arrival to Australia (New Zealand citizens must also provide evidence of any subsequent travel in and out of Australia)
• identity documents
• documents proving your residence in Australia

Requesting an electronic record of your permanent visa

You may not have an electronic record of your visa if your last arrival was before 1990. In that case, you can request to have your permanent resident visa recorded electronically using one of the forms provided by the department. Before you start, you should check you do not already have an electronic record by using VEVO. If you already have an electronic visa record and need it linked to your new passport, you should follow the department’s instructions for updating your passport details.

The department provides two main request forms. The first is for people who last entered Australia before 1990 as a permanent visa holder and do not have an electronic visa record but need one, and who are not the holder of an Authority to Return or Return Endorsement issued between 1 March 1976 and 31 December 1986.

The second form is for people who hold an Authority to Return or Return Endorsement issued between 1 March 1976 and 31 December 1986 by way of a wet stamp in an old passport, and who want it recorded in the department’s current electronic systems as a BF-111 visa. To use this form you must also meet all of the following conditions:

• You have never departed and remained outside Australia for more than three consecutive years after you were issued an Authority to Return or a Return Endorsement
• You have never been granted any substantive visa since 1 September 1994

The second condition does not include the granting of an Electronic Travel Authority (ETA) visa granted on or after 1 July 2002, a Border visa granted on or after 1 July 2002, a Visitor visa granted under the Business Visitor stream in conjunction with APEC Business Card, or a Special Purpose visa.

The department warns that if none of these forms apply to your circumstances and you attempt to submit one, it will not process your request. You should read each form carefully, as it explains who can use it based on individual circumstances and immigration history.

What to verify on the official pages

The rules around police clearance certificates and criminal history checks are set out on the Department of Home Affairs website, and the specific requirements can vary depending on your individual circumstances and the type of application you are making. Before you rely on any information in this article, you should check the following on the official pages:

• The character requirements page for Australian citizenship, which sets out the good character requirement and the NPCS process
• The VEVO service to check your current visa status and whether you have an electronic visa record
• The ACIC Appeals and disputes page if you believe your police check result is incorrect

If you are applying for a visa rather than citizenship, the character requirements may be different, and you should check the specific requirements for your visa subclass. The department’s guidance on decision-ready applications is also relevant: submitting a complete application with all required documents, including any penal clearance certificates, will help avoid delays.

Next steps

If you need a police clearance certificate for an Australian visa or citizenship application, start by checking the specific requirements for your application type on the Department of Home Affairs website. For citizenship, the department will run the NPCS check as part of your application, and you should also obtain penal clearance certificates for any countries you have visited outside Australia if the department asks for them. If you believe your police check result is incorrect, use the ACIC appeals process. If you are a permanent resident who needs to prove your status, use VEVO, and if you arrived before 1990 and have no electronic record, follow the department’s instructions for requesting one.