Immigration Law

What Does the Character Requirement Mean for Subclass 836 in 2026?

Explains who must meet the Subclass 836 character requirement, which police certificates the Department accepts, and what happens if it is not met.

General information only. This guide explains how Australian law usually works. It is not legal advice. For a decision with real consequences, speak to a licensed Australian lawyer.

For the Carer visa (Subclass 836), the character requirement covers you as the main applicant and every family member aged 16 or over who applies with you, and the Department of Home Affairs may also ask other family members to meet it. In practice that means an Australian Federal Police (AFP) complete disclosure National Police Certificate if you have spent a total of 12 months or more in Australia in the last 10 years since you turned 16, overseas police certificates for other countries on the same 12-month test, and Forms 80 and 1221. This is general information only, not advice on your own circumstances, so the official page and any professional you choose to consult should be your final check. The details below come from the Department of Home Affairs Carer visa (Subclass 836) official page, as at July 2026.

Who has to meet the character requirement?

The requirement sits in the eligibility list, so it binds you first.

It also applies to family members aged 16 and over who are included in your application. That covers a partner, and it covers dependent children over 18 who qualify as members of your family unit. For dependent children under 18, the Department lists character documents as "if applicable" — the requirement is not automatic at that age.

The Department also states it might ask other family members to meet the requirement. So the 16-year line is the rule, not a guarantee that anyone younger is excluded.

Why is the age threshold 16?

Sixteen is the age used twice in this requirement, and the two uses are different.

First, it is the age at which a family member must meet the character requirement in their own right. Second, it sets the start of the clock for police certificates: the Department looks at the last 10 years since you turned 16. Time spent in a country before your 16th birthday is not counted towards the 12-month trigger.

Which Australian police certificate is accepted?

Only one type is accepted.

The Department accepts a complete disclosure National Police Certificate 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. A certificate from a state police force, even one that looks thorough, will not satisfy the requirement.

You need one if you have spent a total of 12 months or more in Australia in the last 10 years since you turned 16. The word "total" matters: the months accumulate across separate visits and separate visas, so several shorter stays can add up to the threshold.

For immigration purposes, an Australian police certificate is valid for 12 months from the date of issue.

Do you need overseas police certificates as well?

Yes, on the same 12-month test.

You must provide an overseas police certificate from every country — including your home country — where you have spent a total of 12 months or more in the last 10 years since you turned 16. If you have moved between countries, each one that meets the threshold needs its own certificate.

You must also provide military service records or discharge papers if you have served in the armed forces of any country.

Which forms go with the character documents?

Two forms are listed under character documents, and both are required.

  • Form 80 — Personal particulars for assessment including character assessment
  • Form 1221 — Additional personal particulars information

These are separate from the police certificates. Supplying the certificates alone leaves the character part of the application incomplete.

What happens if the character requirement is not met?

The character requirement is one of the eligibility criteria, and the Department states you must meet all of them to be eligible. If it is not met, the visa cannot be granted.

There is a second, harsher consequence tied to information quality. The Department's guidance on accurate information warns that if you cannot prove your identity or do not provide true information, your application can be refused, you might not be granted another visa for 10 years, and family members listed on your application might not be granted a visa for 10 years either.

If the visa is refused, the Department will tell you in writing why, and whether you have a right to a review of the decision. The application fee is not refunded if the application is refused.

What if your certificate expires while you wait?

The 12-month validity is shorter than many waits. The Department notes that demand for Other Family visas is greater than the number of places available each year, so processing times for these applications can be lengthy, and the visa is subject to capping and queueing.

That does not change the rule, only the timing. A certificate is valid for 12 months from issue, and the Department will let you know if you need to provide anything further.

Frequently Asked Questions

Do my children need police certificates?

Family members aged 16 and over who apply with you must meet the character requirement. For dependants under 18, the Department asks for character documents only "if applicable", and it also says it might ask other family members to meet the requirement.

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

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

I have lived in Australia for 11 months in total — do I need an AFP check?

The trigger is a total of 12 months or more in Australia in the last 10 years since you turned 16. Below that total, the Department's document list does not ask for an Australian police certificate.

How long does an Australian police certificate stay valid?

For immigration purposes, it is valid for 12 months from the date of issue. That is a fixed period, not a period tied to your application date.

Do I need certificates from countries I only visited?

Yes, if the visits add up. You must provide an overseas police certificate from every country, including your home country, where you spent a total of 12 months or more in the last 10 years since you turned 16.

What if I served in the military overseas?

You must provide military service records or discharge papers if you served in the armed forces of any country. This is listed alongside the police certificates as a character document.

Can the Department ask for more character information later?

Yes. After you apply, the Department may ask for more information, and it may ask for biometrics such as fingerprints and a photo. It will contact you if either is needed.

References

Common questions

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.
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