Do I need a lawyer or a migration agent?

Many visa applications are lodged directly. A registered migration agent or immigration lawyer helps with complex or refused matters.

What is a Section 48 bar?

It limits the visas you can apply for while unlawfully in Australia after a refusal or cancellation. A professional can map your options.

Can I appeal a refused visa?

Often yes — the Administrative Appeals Tribunal reviews many decisions, but strict time limits apply.

Character Checks at the Partner Visa 100 Stage in 2026: What the Law Requires

How the character requirement applies again at the Partner visa subclass 100 stage, which police certificates are asked for, and the consequences of not providing them.

Yes — if you are moving from the temporary Partner visa (subclass 309) to the permanent Partner visa (subclass 100), the Australian Department of Home Affairs can require you to show again that you meet its character requirements. According to the Department's official Partner (Migrant) visa (Subclass 100) page (as at October 2026), you may need to provide a current Australian police certificate — usually if you did not attach one with your subclass 309 application — and an overseas police certificate from any country, including your home country, where you spent a total of 12 months or more since your subclass 309 visa was granted. This article is general information only and is not advice on your particular circumstances; because character decisions turn on individual facts, the official pages set out below should be treated as the starting point, and you may want to speak with a registered migration agent or legal practitioner about your own situation.

Does the character requirement apply again at the permanent stage?

The character check is not finished once your subclass 309 is granted. The Department's Subclass 100 step-by-step page lists "Character documents" as part of the material you gather for the permanent stage, alongside identity documents and evidence that you are still the spouse or de facto partner of the person who sponsored you.

There is one important exception. If the Department granted you the permanent subclass 100 immediately after it granted your temporary subclass 309, you do not have to provide these documents or do anything else. If it did not, you need to provide further documents. You can confirm which visa you currently hold through VEVO, the Department's visa entitlement verification service.

What character documents does the Department ask for?

At the permanent stage, the official page directs you to two categories of police certificate:

An Australian police certificate. You usually need to provide a current one if you did not attach one with your subclass 309 application. The Department may also ask you for a new Australian police certificate if your previous certificate has expired.
An overseas police certificate from any country, including your home country, where you spent a total of 12 months or more since the grant of your subclass 309 visa.

Identity documents are also part of this step: you are asked for a copy of the pages of your most recent passport showing your photo, personal details, signature, and the passport issue and expiry dates. As a visa applicant you must prove your identity and provide true information with your application; the Department has a separate Providing accurate information page on this obligation.

Why is only an AFP complete disclosure certificate accepted?

Australian police certificates for immigration purposes are narrower than many applicants expect. The Department states that it only accepts complete disclosure National Police Certificates issued by the Australian Federal Police. It does not accept standard disclosure certificates, and it does not accept national police certificates issued by Australian state or territory police.

Validity is measured the same way regardless of who issued the document: for immigration purposes, police certificates are valid for 12 months from the issue date. A certificate that was acceptable at the 309 stage can therefore be too old by the time your permanent stage is assessed, which is why the Department may ask for a new one.

Which overseas countries count, and which clock applies?

Two different time rules appear on the official page, and confusing them is a common source of missing documents:

Rule	What it measures	Source page
Overseas police certificate	A total of 12 months or more spent in a country since the grant of your subclass 309 visa	Partner (Migrant) visa (Subclass 100)
Eligibility to be considered for the permanent visa	Two years since you applied for the temporary and permanent Partner visas	Partner (Migrant) visa (Subclass 100)

The overseas rule is cumulative rather than continuous, and it includes your home country. Short return visits spread over several years can add up to the 12-month threshold.

Do family members on the application need certificates too?

Yes, in the circumstances set out on the page. For every family member who currently holds a subclass 309 or 445 visa, you are asked to provide copies of their passport, documents that show changes to their situation, and police certificates if applicable for dependents aged 16 years or older.

The same age threshold applies to a dependent child you add to your application before a decision is made: the child must hold a Dependent Child visa (subclass 445), be a member of the family unit, meet the health requirement, and meet the character requirement if they are 16 or older.

When can you lodge these documents?

You are eligible for consideration of the permanent Partner visa two years after you apply for the temporary and permanent Partner visas. You can check the date you submitted your application in ImmiAccount, and the Department instructs applicants not to send the documents before the two years have passed.

The submission path is set out in the official steps:

Log in to ImmiAccount.
Select "New application".
Select "Family".
Select "Stage 2 – Permanent Partner Visa Assessment".
Attach your documents.

Attach a document only once, even if you use it to show more than one thing, and label documents clearly. You can attach up to 100 documents for each person on the application, and that limit cannot be increased. Documents must be scanned or photographed in colour and be clear enough to read, with multi-page documents saved as one file; nothing needs to be certified. Anything not in English must be translated, with translators in Australia accredited by the National Accreditation Authority for Translators and Interpreters, and translators outside Australia including their full name, address, telephone number, and qualifications and experience in English on each translation.

What happens if the documents are missing, out of date, or untrue?

The consequences are practical as well as legal. The official page states that applications with all required information can be processed faster, and that the Department may ask you to provide more information. Because Partner visa applications can have long processing times, the Department asks you to update your documents and relationship evidence regularly through ImmiAccount, rather than treating the character material as a one-time upload.

If the Department refuses the visa, two further consequences follow from the page:

It will tell you why it refused the visa, and whether you have a right to a review of the decision.
It will not refund the application fee if your application is refused.

You can be in or outside Australia when the decision is made, and the decision is given in writing. Separately, you are required to tell the Department about changes after you apply but before a decision is made, including changes to your marital or de facto status, the birth of a child, and any other changes relevant to your application — as well as updates to your contact details, address or passport. A change in your circumstances, such as time spent living overseas, can create a new police certificate obligation that did not exist when you first applied.

Frequently Asked Questions

Do I need a new police certificate for the subclass 100 if I already gave one for my 309?

You usually need to provide a current Australian police certificate for the permanent stage if you did not attach one with your subclass 309 application. Even if you did attach one, the Department may ask for a new certificate if the previous one has expired.

How long is a police certificate valid for immigration purposes?

Police certificates are valid for 12 months from the issue date for immigration purposes. This applies to Australian police certificates and is the reference point the Department uses when deciding whether to ask for a fresh one.

Can I use a police certificate from a state or territory police force?

No. The Department only accepts complete disclosure National Police Certificates issued by the Australian Federal Police. Standard disclosure certificates and national police certificates issued by Australian state or territory police are not accepted.

Which overseas countries do I need a police certificate from?

You need one from any country, including your home country, where you spent a total of 12 months or more since the grant of your subclass 309 visa. The 12 months is counted as a total across that period, not as a single continuous stay.

Do my children need police certificates for the 100 stage?

Police certificates are required where applicable for dependents aged 16 years or older, including family members who hold a subclass 309 or 445 visa. A dependent child added later must meet the character requirement if they are 16 or older.

When can I submit my permanent-stage documents?

You can submit them once two years have passed since you first applied for the temporary and permanent Partner visas, which you can check in ImmiAccount. The Department asks you not to send them before that time.