Character Requirements in Subclass 837 Cases: 2026 Guide for Over-16 Applicants

A child applying for the Orphan Relative visa (subclass 837) has to meet the character requirement once they are 16 or older, and in practice that means police certificates from every country where they have spent 12 months or more in the last 10 years since turning 16, an Australian Federal Police National Police Certificate applied for under Code 33 if they have lived in Australia, and a completed Form 80. Police certificates are treated as valid for 12 months from the issue date, and anyone in the application who has served in a country's armed forces must provide military service records or discharge papers. These points come from the Australian Department of Home Affairs' Orphan Relative visa (subclass 837) official page, as at August 2026.

Who actually has to meet the character requirement?

The main applicant triggers the requirement by age. The official page states that if the child is aged 16 years or older, they must meet the character requirement. A child who is still 15 when the application is lodged does not fall under the same rule on their own account.

The age line is applied to the child, not to the sponsor. Separately, the sponsorship itself can fail on criminal-history grounds: if the sponsor or their spouse or de facto partner has a pending registrable offence charge, the department will refuse both the sponsorship and the visa application, and if they have a registrable offence conviction, the sponsorship can only be approved in very limited circumstances.

Can other children in the application be asked as well?

Yes. The Department may also ask other dependent children who apply with the main applicant to meet the character requirement, even though the published trigger is the 16-year threshold for the main child. For every dependant under 18 who is included in the application, the document list asks for identity documents, proof of the relationship to the child (such as a birth certificate), and character documents if applicable.

Which countries count, and over what period?

The test is cumulative residence, not citizenship. A country counts if the applicant spent 12 months or more there in the last 10 years, counting from the time they turned 16. Assume a 17-year-old applicant who has lived in one country for nine months and another for two years since turning 16: only the second country crosses the 12-month line, and that is where the certificate is needed.

Citizenship alone does not settle the question, and neither does a short visit. The measure is time actually spent in the country.

What kind of Australian police certificate is accepted?

For Australia, the Department only accepts National Police Certificates applied for under Code 33 – Immigration/Citizenship, issued by the Australian Federal Police. Standard disclosure certificates and certificates issued by Australian state or territory police are not accepted.

This is one of the few areas where the subclass 837 document list is unusually specific, so it is worth checking that the certificate was applied for under the right code before it is sent.

How long does a police certificate stay valid?

For immigration purposes, police certificates are valid for 12 months from the issue date. A certificate issued well before the application is posted may still be inside that window, but one issued more than 12 months earlier will not meet the requirement.

Is Form 80 needed as well?

Yes, for the same age group. Children over 16 must complete and provide Form 80, Personal particulars for assessment including character assessment. It is a separate obligation from the police certificates, not a substitute for them.

What happens if the character requirement is not met?

The consequences run through the whole application, not just the individual's paperwork. Under the Migration Regulations 1994 and the Department's policy guidelines (PAM3), every family member included in an application, including additional applicants, must satisfy the relevant public interest criteria — commonly described as a "one fails, all fail" outcome. The Regulations also list public interest criterion 4001 (character) among the criteria to be met at the time of decision. Departmental policy can change over time, so the Department's current published pages remain the statement to rely on.

For the main applicant, a failure means refusal. The Department advises decisions in writing; where a visa is refused, it will state why and whether there is a right to a review of the decision, and the application fee is not refunded. Providing false or misleading information carries its own separate risk under the Department's rules on accurate information, so a gap in someone's history is better declared than filled in with something inaccurate.

This article is general information about published requirements, not advice about any individual case, and it is not a substitute for the official pages or for personal advice on your circumstances; only a registered migration agent, legal practitioner or exempt person can lawfully give immigration assistance.

How does this fit beside the other subclass 837 criteria?

Character is one item in a longer list. The child must be sponsored by an eligible relative, be under 18 when they apply, have no parent able to care for them, have the required consent to migrate, hold (or have recently held) an appropriate visa, meet the health requirement, repay any debt to the Australian Government, and have an immigration history that does not count against them. The Department may also refuse if granting the visa would not be in the best interests of an applicant under 18. An application is made on paper using Form 47CH and Form 40CH, sent to the Child and Other Family Processing Centre in Perth.

Frequently Asked Questions

Does a 15-year-old need a police certificate for subclass 837?

The published trigger is age 16 and over, so a child who is 15 when the application is made is not caught by the police certificate and Form 80 requirement on their own account. The Department can still ask other dependent children included in the application for character documents if applicable.

Do we need an Australian police certificate if the child has only lived in Australia?

If Australia is one of the countries where the applicant spent 12 months or more in the last 10 years since turning 16, then yes. It has to be an Australian Federal Police National Police Certificate applied for under Code 33 – Immigration/Citizenship.

Is a state police check acceptable instead of an AFP certificate?

No. The Department states that it does not accept standard disclosure certificates or certificates issued by Australian state or territory police for this purpose. Only the AFP National Police Certificate applied for under Code 33 is accepted for Australia.

Can we reuse a police certificate obtained two years ago?

Not for immigration purposes. Police certificates are valid for 12 months from the issue date, so a certificate older than that would need to be obtained again.

What if the sponsor has a criminal record?

If the sponsor or their spouse or de facto partner has a pending registrable offence charge, the Department will refuse the sponsorship and the visa application. If there is a registrable offence conviction, the sponsorship can only be approved in very limited circumstances.

What happens if the visa is refused on character grounds?

The Department gives its decision in writing, explains why the visa was refused and states whether there is a right to a review of the decision. The application fee is not refunded when an application is refused.

References

• Department of Home Affairs — Orphan Relative visa (subclass 837)
• Department of Home Affairs — Meeting the character requirement
• Australian Federal Police — National police checks
• Department of Home Affairs — Form 80 Personal particulars for assessment including character assessment
• Federal Register of Legislation — Migration Regulations 1994