Oz Police Clearance

[gburns57au]

My mates wife had her interview yesterday and they have asked her for a Australian Federal Police clearance from Oz, This is a first for me, I havent heard of this before...

The history is that in about 20 months she has been here 5 times...once on a 3 month and 4 times on a 12 month visa.....I can only assume that they consider she was in Oz more than Thailand and therefore may have broken the law. Drawing a long bow at best.

Just curious if anyone else has heard of this....it takes a minimum of 30 days to get the police clearance and cost 32 bucks....he was really p***ed off about it as we hoping that his and my wife could land here fairly close together if not on the same flight.

What makes it harder to figure out is two of the 888 witnesses were a current AFP Officer and warranted Corrections Officer....pretty strong witnesses as it goes.

I have advised him to contact Immigration here to see if he can ascertain why this has happened, we both know numerous people who have been granted visas and none of them have had to supply this.

Edited December 20, 2007 by gburns57au

[fishhooks]

Although strange, I think you are right, they consider she has been in Australia a number of times and "may" have a history. I agree, not a good feeling.

The actual Police Clearance in Australia doesn't take as long as you may think. I got one turned around for myself when I was considering going for a Thai 0-A Retirement Visa within a few days, even though the cops mucked it up the first time by quoting me the wrong fee, requiring me to write a cheque for the second time.

This was in Melbourne.

[Chris Lawrence]

We had to do this for the 5 yr visa. Which is standard requirement for this part of the process.

I think it only took about 2 weeks to get report sent back. What I would ask is this document/report could be used when your friend applies for the 5yr visa.

From your post Graham, the woman had been in Australia for a substantial time. This may be more to the point. It does sound a bit strange?

[sezzo]

I noticed on the present form for application for a spouse visa they the applicant needs a police check from every country that they have resided in for 12 months or more. Perhaps the immi dept have considered her 5 tourist visas as a total of 12 months or more in Oz.

I had an AFP police check done on me for my present occupation as a security officer. This took less than 2 weeks to complete and be granted.

[david96]

If an applicant has visited a foreign country for 12 months or more a police clearance certificate must be obtained if possible and is sometimes difficult from some countries.

The form for an Australian police certificate is supplied in the package of forms supplied by VFS.

[gburns57au]

Every article I have read on this states that the applicant must supply information on places where they have LIVED for more than 12 months in total over the last 10 years...

or

where they have RESIDED for more than.....

Being here on holiday is neither residing or living here....it can not be considered as such as she has not been granted permission to live or reside here....

As I said ....a very long bow.

Again I think it comes down to the interpretation of the rules by the Case Officer or if a directive has come down from the Embassy boss. Their CO is Wanida who has had some good reports on here.

Chris, the clearance is only good for 12 months and they dont fall in the category for a permanant visa to be granted in the first instance.

Sezzo, I have worked in the Custodial security area in two jobs and both times I have not been required to supply an AFP clearance....that is because I have remained resident in WA for over 20 years...you must have moved around a bit then?

As for the 30 day time limit for the clearance guys.....that is taken from Immi form 1101. Although I dont doubt it can happen faster than that.

Graham

[sezzo]

Every article I have read on this states that the applicant must supply information on places where they have LIVED for more than 12 months in total over the last 10 years...

or

where they have RESIDED for more than.....

Being here on holiday is neither residing or living here....it can not be considered as such as she has not been granted permission to live or reside here....

As I said ....a very long bow.

Again I think it comes down to the interpretation of the rules by the Case Officer or if a directive has come down from the Embassy boss. Their CO is Wanida who has had some good reports on here.

Chris, the clearance is only good for 12 months and they dont fall in the category for a permanant visa to be granted in the first instance.

Sezzo, I have worked in the Custodial security area in two jobs and both times I have not been required to supply an AFP clearance....that is because I have remained resident in WA for over 20 years...you must have moved around a bit then?

As for the 30 day time limit for the clearance guys.....that is taken from Immi form 1101. Although I dont doubt it can happen faster than that.

Graham

Graham,

A few years ago in NSW/ACT there was a requirement for all security guards current and prospective employed to get a police clearance. Subsequently half of the security guards in the industy all of a sudden resigned. Im not sure if it happens Oz wide but definately its the norm in this part of Oz.

Carl

[david96]

Here is the DIAC link.

http://www.immi.gov.au/allforms/character-...ments/index.htm

It would certainly be wise to obtain an interpretation of this requirement from DIAC in Australia,at least you will get the correct answer from an Australian DIAC Officer.

If the CO is a Thai interpretations should not be relied upon, they tend to be very literal in their interpretations.

[gburns57au]

Here is the DIAC link.

http://www.immi.gov.au/allforms/character-...ments/index.htm

It would certainly be wise to obtain an interpretation of this requirement from DIAC in Australia,at least you will get the correct answer from an Australian DIAC Officer.

If the CO is a Thai interpretations should not be relied upon, they tend to be very literal in their interpretations.

Just to expand on this....

from the website:

For the Australian Government to determine whether you are of good character, you may be asked to provide police certificates for each country you have lived in for 12 months or more over the last ten (10) years since turning 16.

If you are applying outside Australia, you do not have to provide this information when you apply. You will be advised when it is required.

As you can see they have covered themselves....the question remains "what would make it a requirement?"

I have to admit I am perplexed....especially as an AFP Officer was a declarent on a 888 form....as well as a warranted Corrective Services Officer....Having known the applicant since they met and my mate for 7 years.....I cant see any reason why this would be asked for, which is why I have advised him to seek clarification from Immigration here.

[gburns57au]

Graham,

A few years ago in NSW/ACT there was a requirement for all security guards current and prospective employed to get a police clearance. Subsequently half of the security guards in the industy all of a sudden resigned. Im not sure if it happens Oz wide but definately its the norm in this part of Oz.

Carl

Yes, we had to have a State criminal and traffic clearance....sometimes we have to use vehicle escorts. And we are supposed to obtain an AFP clearance, but as I told them I have not lived outside WA since 1984 so I was not required to provide the AFP clearance. Both of these jobs were custodial services jobs as against general security work. However there were some who had moved around interstate or had come from overseas and they had to provide the AFP clearance.

[gburns57au]

Just an update,

My mate rang Immigration here and was told that if someone stays in this country for 3 or more months and applies for residency then an AFP clearance is required....

I think that the info given is wrong to this time....but i will be watching for any further developments on this.

[david96]

Just an update,

My mate rang Immigration here and was told that if someone stays in this country for 3 or more months and applies for residency then an AFP clearance is required....

I think that the info given is wrong to this time....but i will be watching for any further developments on this.

Might pay to get your mate to check again but with the Canberra office he may have been given the incorrect information in error,

DIAC state 12 months, he could bring that to their attention. Ask if it applies to visitors on a 676 visa specifically.

Edited December 30, 2007 by david96

[gburns57au]

It took 10 days to get the clearance, He sent it off on Friday....she got it on Tuesday...lodged with VFS on Wednesday.....their visa approved today....

She hopes to be on the same flight as my wife.