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chezong

Do Sponsors Need Overseas Police Check If They Have Been Overseas For 12Mths?

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Hi everyone,

 

I'm an Oz citizen returning to Melbourne and wanting to sponsor my husband for a Partner Visa.

 

I've been away for 10 years and just wondering if the Police Checks are applicable only to the Applicant or includes the Sponsor (aka me)?  And do I just need a Police Check from my local Australia Police Dept? Or do I need a Police Check from overseas?  

 

Appreciate if anyone can shed some light on this.  

Thanks so much

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Yes, the way I understand it is that both the sponsor and applicant need to provide a police clearance for each country they have lived in for more than 1 year in the past 10 years. I'm Australian, my husband British but we met and have been working in the Middle East. For me and my husband this meant x3 police clearances each as we have both been residents of 3 different countries in the last 10 years. This is what we supplied with the exception of 1 which my husband was unable to obtain since leaving that country- we were required to complete a process in leiu which involved providing a stat dec and other documents. Hope this helps!

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Ok thanks for the clarification and sorry if I caused confusion Chezong! In my case I need regular police clearances for my occupation and already had current ones to provide anyway. When logging into our immi account, under the sponsor name there is a heading labelled 'Character evidence of', sub heading 'Overseas penal clearance' in there area you attach documents so I just assumed they were required for me too without seeing the part that it only applies in the case of migrating children. Anyway if you don't need them for any other purpose you may as well save yourself the cost!

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Incorrect. Sponsor only needs to provide a police check if there are children migrating as well.

There are talks of it changing but that is how it stands at the moment

I can't find it now but I read something a few weeks ago that suggested that it had changed and they were now required even when children were not involved. I panicked a bit but then found that applications already being processed did not need them.

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I can't find it now but I read something a few weeks ago that suggested that it had changed and they were now required even when children were not involved. I panicked a bit but then found that applications already being processed did not need them.

Changed I think for all new applications after 01/11/16

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The 1/11/16 change was for Sponsors living for more than 12 months in a designated high risk country, i,e Syria, Iraq, Iran, etc.  I assume that this is not your case. It also broadened the definition of 'associated' children agree the wording needs clarification.

 

Aussie_83 is still correct, PCC's are required if their are children on the initial application or where the applicant is the guardian and may apply for their immigration later.

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The 1/11/16 change was for Sponsors living for more than 12 months in a designated high risk country, i,e Syria, Iraq, Iran, etc.  I assume that this is not your case. It also broadened the definition of 'associated' children agree the wording needs clarification.

 

Aussie_83 is still correct, PCC's are required if their are children on the initial application or where the applicant is the guardian and may apply for their immigration later.

This is not true, the change was for all sponsors 'if requested'. It's got nothing to do with where the sponsor has been living but rather aimed at making sure the applicant is aware of any relevant criminal history...domestic violence for example. The sponsor also have to agree to have findings of police check disclosed to applicant. This is an article discussing the legislation http://www.heraldsun.com.au/news/victoria/family-violence-offenders-face-spouse-visa-block-under-new-australian-laws/news-story/d8c75ddeab74d7e964d12436c9c55aba. 

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