A Definitive Guide to the Character Requirements for Partner VISA

Migration may mainly entail mixed emotions and anxiety for individuals who need to move abroad with their partners, typically after marriage. Sometimes, the VISA process can also seem somewhat overwhelming and tedious for partner applicants. In such cases, knowing the specificities of VISA application can help individuals efficiently sail through the procedure. And for persons applying for a partner VISA for Australia, character requirement is one of the essential determinants of clearing the process. What is the character requirement, and what are the various factors involved in fulfilling the same while seeking a partner VISA for Australia? Here’s a look:

What is Character Requirement?

  • Character requirement is a prerequisite process while applying for a VISA to Australia. It entails verifying one’s records and associations to identify any criminal or unethical activities and facilitate increased security.
  • Character requirement is typically an ongoing procedure throughout the VISA application process. Thus, while some verification tasks occur during the application, others may take place after its completion.

Character Requirement for an Australian Partner Visa: Criteria and Steps Involved

Past Criminal Record Verification: The Essential Criteria

One of the essential criteria for character requirement is one’s criminal record verification. The immigration authorities assess one’s records to detect illegal activities of various natures. Some of these offences include:

  • Molestation, harassment and stalking.
  • Offensive behaviour towards or remarks on an Australian community.
  • Reception of an Interpol notice, which would imply a potential threat to the Australian community.
  • Possession of dangerous weapons, a history of smuggling or trafficking, and aiding in any such criminal offences.
  • Having been convicted in the past for sexual crimes involving children.
  • Perpetration of domestic violence.

Procedures Involved While Applying for the VISA

The applicant for a partner VISA for Australia would typically need to complete the following procedures:

  • Declare any criminal activity s/he has ever engaged in.
  • Provide honest answers to all the questions asked during the interview.
  • Provide any information or documents requested by the immigration authorities.

Post-Application Character Requirement Processes

 Even after the application process is completed, applicants must be open to further character requirement verification procedures at the concerned authorities’ discretion. Some such post-application character requirement processes include:

  • Presenting police certificates.
  • Providing a duly filled in Form 80 with character assessment particulars.
  • Providing a statutory character declaration.
  • Presenting a military certificate.
  • Submitting a letter of good conduct from an employer.

Criteria Considered While Conducting Character Requirement Analyses

Australian immigration authorities carry out a character requirement analysis based on several factors or criteria. Some of these are as follows:

  • The best interests of all Australian communities.
  • Safeguarding of the children in Australia.
  • Protecting the interests of Australian businesses.
  • Protecting Australian families.
  • Safeguarding victims.

Mandatory VISA Cancellation Conditions

In specific rare but specified circumstances, the applicant’s VISA must be legally cancelled. Some such conditions include:

  • If the applicant is serving or has served a full-time prison sentence for a crime committed in Australia
  • If the applicant has been held guilty by the Australian or any other foreign court for sexual crimes against children
  • (Even) if the applicant held guilty for a sexual offence against a child has not been convicted for the same.

Providing a Military Certificate

Individuals having served in any country’s military force for over a year must provide an army certificate along with their VISA application, confirming that they had not been convicted for any crime during this period. Applicants may procure this certificate from their commanding officers.

Police Certificate Requirement

Sometimes, applicants may need to provide police certificates for each country they have resided in. Usually, individuals over 17 years of age who have lived in any of the countries enlisted must provide police certificates. To apply for the same, the applicant must submit an Australian Federal Police National Police Check application form. Applicants must provide the original certificate along with a copy of the same translated into English.

Conclusion

Applying for a partner VISA is, in fact, a simple and straightforward process if the applicants understand each step involved in the same. Character requirement is an essential and inevitable part of a partner VISA for Australia. Individuals applying for the same must be thorough with its nitty-gritty before proceeding with the application. Ultimately, this procedure ensures the safety and security of Australian citizens in particular and humanity in general, and cooperation on the part of immigrants makes the process more efficient and hassle-free.

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Jyoti Arora

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