RPM Immigration Lawyers

Partner visa applicants can lodge the forms, Statutory Declaration and relationship evidence that Immigration requires to process their permanent partner visa application (subclass 801 or 100), two years after their original partner visa applications (subclasses 820 & 801 or 309 &100) were lodged.

When lodging the documents for processing of the permanent partner visa aplication, the question often arises of whether new police checks are needed for the applicant and for their sponsor.

For the sponsor, the answer is no – new police checks are normally not required.

For the applicant, the answer is, it depends!  It depends on the person’s individual situation.

Visa applicants need to provide an overseas police certificate from any country, including their home country, where they spent a total of 12 months or more (cumulatively) since the grant of their temporary (subclass 820 or 309) partner visa.  Occasionally, this is an applicant’s situation and an overseas police clearace is required.

Additionally, Immigration may ask an appicant to provide a new Australian police certificate if their previous certificate has expired. For immigration purposes, police certificates are valid for 12 months from the issue date.

So, you may or may not be asked for a new Australian Police Certificate.

Notwithstanding that, I generally advise applicants to provide a new Australian Police Certificate of their own free will and before they are (potentially) asked for it.

Why? – because it avoids delays in processing the permanent partner visa application.

Feel free to contact me if you would like to book a consultation for more information about anything mentioned here.

Regards.

Ross McDougall.

Immigration Lawyer & Solicitor.

www.rpmlawyers.com.au

contactus@rpmlawyers.com.au

This information is correct on May 14th, 2026.  But keep in mind that immigration law changes from time to time.

Second stage Partner visa Processing.

The temporary partner visa (subclass 820 0r 309) and the permanent partner visa (subclass 801 or 100) are both applied for at the same time and in the same online application.

Initially, applicants are processed for the temporary partner visa.

Two years from the date the partner visas are applied for, applicants are eligible to be processed for the permanent partner visa (permanent residency).

Documents required for second stage partner visa processing

To be processed for the permanent partner visa, there is an online form that needs to be completed, updated relationship evidence needs to be provided, and Statutory Declarations from the sponsor and witnesses need to be provided.

Are new police checks required?

As part of applying for the temporary visa, visa applicants and their sponsor would have provided police checks for each country that they have spent a year or more in (cumulatively) in the last ten years.

For the second stage partner visa processing, the sponsor is not required to supply new police checks.

However, the visa applicant is required to provide a new police check for each country they have spent a cumulative period of a year or more in since they were granted their temporary partner visa (subclass 820 or 309).

For many applicants, this will mean they will need to provide a police check for Australia.

Some applicants will need to provide a new police check for other countries – it all depends where they have been living since the grant of the temporary partner visa, and how long they have been living there for.

Further Information

Feel free to contact me if you would like to book a consultation for more information about anything discussed here.

Regards.

Ross McDougall.

Immigration Lawyer & Solicitor.

www.rpmlawyers.com.au

Tel: 08 8528 9187

This information is correct at April 20th, 2023.  But, keep in mind that immigration law changes from time to time.