Police certificates for 820 and 309 applicants: the 12-months-in-10-years rule and the AFP certificate
If you have spent a total of 12 months or more in Australia in the last 10 years since you turned 16, both the subclass 820 page and the subclass 309 page say you must provide an Australian police certificate, and the only Australian certificate they accept is a complete disclosure National Police Certificate issued by the Australian Federal Police. You also need a police certificate from every country where you spent a total of 12 months or more, in the last 10 years since you turned 16, and military service records or discharge papers if you served in the armed forces of any country. On timing, both pages say police certificates are valid for 12 months from the issue date, that you should check the Visa processing times first, and that they may ask you to provide them again if they expire before your visa is decided.
The Australian certificate rule
The Character documents section of the subclass 820 page and the Character documents section of the subclass 309 page carry the same rule: "If you have spent a total of 12 months or more in Australia in the last 10 years (since you turned 16), you must provide an Australian police certificate."
The same sections then set out what is accepted. In the words of both pages: "We only accept complete disclosure National Police Certificates issued by the Australian Federal Police. We do not accept standard disclosure certificates or national police certificates issued by Australian state or territory police." Both pages direct you to National Police Checks to get an Australian police certificate.
The 12-month-and-10-years test is applied to time in Australia. The period is the last 10 years, counted from when you turned 16, and the time counted is the total, not one continuous stay.
Overseas certificates and military records
Both Character documents sections add a second list under "Also provide":
- a police certificate from every country where you spent a total of 12 months or more, in the last 10 years since you turned 16
- military service records or discharge papers if you served in the armed forces of any country
To get an overseas police certificate, both pages point to Services outside Australia. The overseas rule uses the same measurement — a total of 12 months or more, inside the last 10 years, since you turned 16 — as the Australian rule.
Form 80
Both pages end their Character documents section with the same instruction: complete and attach to your application Form 80 Personal particulars for assessment including character assessment (596KB PDF). Both pages also give "Character requirements for visas" as further information.
When to get them
The Character documents section of each page says: "For immigration purposes, police certificates are valid for 12 months from the issue date." The same sections say that before deciding when to obtain your police certificates, you should refer to the Visa processing times, and that "We may ask you to provide them again if they expire before we decide your visa."
The Gather and prepare your documents section of each page makes the same point from the other side. The subclass 820 page says: "You have the option to obtain your police certificates before you apply. However for immigration purposes, police certificates are valid for 12 months from the date of issue." The subclass 309 page says: "You have the option to get your police certificates before you apply. However, for immigration purposes, police certificates are valid for 12 months from the date of issue." Both then say that before you get your police certificates, you should refer to the Visa processing times, and that they may ask you to provide them again if they expire before your visa is decided.
- Read the Visa processing times.
- Decide when to obtain your police certificates.
- Get the Australian certificate, the overseas certificates and any military records.
- Complete and attach Form 80.
- Expect that you may be asked for certificates again if they expire before the decision.
For current standard processing times for this visa, refer to Global processing times. The Status updates section of each page says that to see current standard processing times for this visa you should refer to Global processing times, that the estimated timeframe is based on how long it has taken to process recently decided applications, and that it does not guarantee that your application will be decided within the current standard processing timeframe.
Dependants aged 16 or 17
The Dependants under 18 part of the subclass 820 page says that for each dependent child under 18 years old applying with you, you provide identity documents, evidence of your relationship with the dependant, health examinations, and "character documents, if the dependant is 16 or 17 years of age", along with adoption papers or parental court orders, school, college or university enrolment evidence and sole custody evidence where applicable.
The subclass 309 page says the same for "each of the members of the family unit under 18 years old applying with you": identity documents, evidence of your relationship with the dependant, health examinations, and character documents if the dependant is 16 or 17 years of age.
For dependants over 18, both pages list character documents among what you provide. The subclass 820 page sets its own dependency conditions for a dependent child over 18, and the subclass 309 page sets different ones for members of the family unit over 18, including the age-23 line and, for a child aged 23 or likely to turn 23 while the application is processed, a report from a qualified medical practitioner.
Where the two pages differ in wording
The Character documents sections of the two pages carry the same Australian certificate rule, the same list of certificates that are not accepted, the same overseas certificate and military records items, the same 12-month validity line, the same advice to check the Visa processing times, and the same Form 80 instruction. The differences sit in the surrounding sections.
| Point | Subclass 820 page | Subclass 309 page |
|---|---|---|
| Getting certificates before you apply | "You have the option to obtain your police certificates before you apply. However for immigration purposes..." | "You have the option to get your police certificates before you apply. However, for immigration purposes..." |
| After you apply, on timing | "you should refer to the Visa processing times. We may ask you to provide them again if they expire before we decide your visa." | "you should refer to Visa processing times." then "We may ask you to provide them again if they expire before we decide your visa." |
| Character documents wording | "police certificates are valid for 12 months from the issue date" | "police certificates are valid for 12 months from the issue date" |
| Under-18 dependants | "For each dependent child under 18 years old applying with you" | "For each of the members of the family unit under 18 years old applying with you" |
Questions people ask
Do I need an Australian police certificate if I have lived in Australia for a year?
The Character documents section of the subclass 820 page and the same section of the subclass 309 page say you must provide an Australian police certificate if you have spent a total of 12 months or more in Australia in the last 10 years, since you turned 16.
Will a state police certificate be accepted instead?
Both pages state that they only accept complete disclosure National Police Certificates issued by the Australian Federal Police, and that they do not accept standard disclosure certificates or national police certificates issued by Australian state or territory police.
How long is a police certificate valid for?
For immigration purposes, police certificates are valid for 12 months from the issue date, according to the Character documents section of each page. The Gather and prepare your documents sections say the same period runs from the date of issue.
Should I get my certificates before I lodge?
Both pages say you have the option to get them before you apply, and both add that police certificates are valid for 12 months from the date of issue and that you should refer to the Visa processing times before you get them, and that they may ask you to provide them again if they expire before your visa is decided.
Do my children need police certificates?
The under-18 dependant list on each page includes character documents only if the dependant is 16 or 17 years of age. The over-18 dependant list on each page includes character documents.
Do I need to complete Form 80?
Yes. Both Character documents sections tell you to complete and attach Form 80 Personal particulars for assessment including character assessment (596KB PDF).
Sources
- Partner visa (temporary) (subclass 820) Department of Home Affairs
- Partner visa (provisional) (subclass 309) Department of Home Affairs
Checked 11 October 2026
This page is an unofficial summary, is not published by the Department of Home Affairs, and the department's current pages prevail if they differ.