Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

Second opinion] Is form 80 or the Character Assessment Form…

Customer Question
Second opinion] Is form 80...
Second opinion] Is form 80 or the Character Assessment Form needed to be filled in by both the sponsor and the applicant for the Partner Visa Application?
Submitted: 4 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 1 hour by:
3/21/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,312
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 4 months ago

the entire form needs to be completed

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 4 months ago

Character requirements

Everyone who wants to enter Australia must be of good character and will be assessed against the character requirements. As part of your visa application, you might be required to provide a police clearance certificate or other evidence to satisfy the character requirements.

The character requirements are set out under Section 501 of the Migration Act 1958.

How character is assessed

You will not pass the character test if:

  • you have a substantial criminal record, meaning you have been sentenced to 12 months or more in prison, or multiple sentences that add up to more than 12 months in prison. A suspended sentence is considered a prison sentence.
  • you have been convicted of escaping from immigration detention, or convicted for an offence that you committed:
    • while you were in immigration detention
    • during an escape from immigration detention
    • after an escape, but before you were taken into immigration detention again.
  • you are or have been a member of a group or organisation, or had or have an association with a person, group or organisation that the Minister for Immigration reasonably suspects of involvement in criminal conduct
  • the Minister for Immigration reasonably suspects that you have been involved in people smuggling, people trafficking, genocide, a war crime, a crime against humanity, a crime involving torture or slavery, or a crime that is of serious international concern, whether or not you have been convicted of such an offence
  • your past and present criminal or general conduct shows that you are not of good character
  • there is a risk that while you are in Australia you would:
    • engage in criminal conduct
    • harass, molest, intimidate or stalk another person
    • vilify a segment of the Australian community
    • incite discord in the Australian community or in a part of it
    • be a danger to the Australian community or a part of it.
  • you have been convicted of, or found guilty or had a charge proven for one or more sexually based offences involving a child,
  • you are subject to an adverse security assessment by the Australian Security Intelligence Organisation
  • you are subject to an Interpol notice, from which it is reasonable to infer that you a direct or indirect risk to the Australian community, or a segment of the Australian community.

If you are applying for temporary or permanent migration

For the Australian Government to determine whether you are of good character, you might be asked to provide police certificates for each country you have lived in for 12 months or more, over the last 10 years (calculated immediately before the time the visa application is lodged), since turning 16 years of age.

You must declare all recorded offences to us. If you do not declare an offence and we become aware of this it might have a negative impact on your application.

Do not finalise any travel arrangements until after the grant of your visa. This is because visa processing times can vary depending on the visa type and your personal circumstances.

Statutory declarations

As part of the character assessment, you might be asked to complete a Character Statutory Declaration (34KB PDF file).

In some instances you might also be required to provide personal details to allow additional character checks to be undertaken. Your case officer might ask you to complete the following form:

If you are applying for a visa outside Australia, you do not have to provide this information with your application. You will be advised when it is required.

If you are applying in Australia, you should provide this information with your application.

If you are applying for Australian citizenship

If you are applying for Australian citizenship you will be assessed under good character requirements.

Information about Good character and offences for Australian citizenship is available on the application forms and the citizenship website.

You might be required to provide a number of documents to prove you are of good character.

Police certificates

Police certificates are also known as a penal clearance certificate in some countries. If you need information regarding penal clearance/police certificates for a citizenship application refer to the information on the Good character and offences page on the citizenship website.

When is a police certificate required?

If you are over the age of 16 and have lived in any of the countries listed on this page for a total of one year or more in the last 10 years, you might be asked to get a police certificate from that country.

The certificate must cover the period of time from the issue date back to the age you ceased to be a minor, or must cover the whole time you were in a country.

For immigration purposes a police certificate is deemed to be valid for 12 months from the issue date.

How do I obtain a police certificate?

For instructions on obtaining a certificate from an overseas government or law enforcement authority, refer to the relevant country information.

If you are required to provide an Australian police clearance certificate because you have spent more than 12 months in Australia within the last 10 years, you must complete the Australian Federal Police (AFP) National Police Check application form which is available from the AFP website:

You should use Code 33 at Question 1 on the form and include details of any, and all, names you have been known by.

If an AFP certificate is provided based on incorrect information, we might request another certificate. State and Territory issued police certificates are not accepted.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 4 months ago

Does this answer your important question today ?

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,635 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,940 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,312 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
Hae ....i came in australia with a student visa on sept 2016
Hae my name is ***** ***** in australia with a student visa on sept 2016 but after one and a half semester my COE was cancelled due to late payment but i managed to get another school and i got a COE … read more
John Melis
John Melis
Lawyer
3,312 satisfied customers
Is form 80 or the Character Assessment Form needed to be
Is form 80 or the Character Assessment Form needed to be filled in by both the sponsor and the applicant for the Partner Visa Application?… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
On the 40SP form it says: "Your partner's visa application
On the 40SP form it says:"Your partner's visa application may be refused if you are affected by the following sponsorship limitations that are imposed if you: • have previously sponsored or nominated*… read more
John Melis
John Melis
Lawyer
3,312 satisfied customers
Im an international student in NSW, Australia. I have just
Im an international student in NSW, Australia. I have just graduated. Im preparing documents to apply for TR. In the personal particulars for assessment including character assessment form (Form 80), … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
If I overstayed my tourist visa for 1year. After that A employer
If I overstayed my tourist visa for 1year. After that A employer want to sponsor me for a working visa, is that possible? Or after 1 year overstay my visa I meet a Australian girl and fall in love wit… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
My partner and I want to move to Australia. The problem is
My partner and I want to move to Australia. The problem is that he has a drug conviction. - Possession of cannabis for supply. He was sentenced to 20 months in prison, but only spent 10 weeks in priso… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Hi there,I am currently on a 457 visa sponsored under the
Hi there, I am currently on a 457 visa sponsored under the Information and Organisation Professionals (code 224999). My employer has agreed to sponsor my application for a permanent visa. However, I r… read more
Brisbane-Lawyer
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
I would like to apply for partner visa.My partner receives
I would like to apply for partner visa.My partner receives social security benefit(DSP).Is this influencing on my visa?.Please let me know that I will be asked about this in the applications and forms… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
i have heard i can marry earliest 5 years after divorce.That
i have heard i can marry earliest 5 years after divorce.That told me an agent for visas overseas but he is not sure 100%, He will research it. So i am totally confused if i can marry or not. In the di… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Hi, In 2009 I married my ex partner and sponsored him in Australia.
Hi, In 2009 I married my ex partner and sponsored him in Australia. However, he left the country during the same year and I informed immigration. Recently, I filed a divorce with him so I can sponsor … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
reguarding imagration law i have a friend from scotland with
reguarding imagration law i have a friend from scotland with me in australia we want to be together is there anyway of her staying in aus,she is on holiday visa now but wants to stay here with me we n… read more
David Coleman
David Coleman
Solicitor
Bachelor\u0027s Degree
97 satisfied customers
my partner has a criminal record will he be denied entry in
my partner has a criminal record will he be denied entry in to australia??? he served time of 12 months but was sentence for 18 months.this was when he was alot younger about 10 to 12 years ago and ha… read more
cmcd
cmcd
LLB
146 satisfied customers
hi i met a man on the internet 2 years ago. We organised and
hi i met a man on the internet 2 years ago. We organised and met in Thailand on 12th September, 2009. Since then he came from Scotland where he resides to Australia on 1st January, 2010 where he staye… read more
David Coleman
David Coleman
Solicitor
Bachelor\u0027s Degree
97 satisfied customers
i am currently holding an SIR 495 visa, whic will expires on
i am currently holding an SIR 495 visa, whic will expires on 25 april 2011. my wide residdes in Africa (west africa) adn i would like to sponsor her to join my visa but has no formal education at all.… read more
David Coleman
David Coleman
Solicitor
Bachelor\u0027s Degree
97 satisfied customers
Is there ANY possible way for an American to become a citizen
Is there ANY possible way for an American to become a citizen of Australia with no real ties to the country? I have looked at the Australian Embassy website and it seems impossible. Any loop-holes her… read more
David Coleman
David Coleman
Solicitor
Bachelor\u0027s Degree
97 satisfied customers
I have both a work permit and work visa which expires in July.
I have both a work permit and work visa which expires in July. I currently have a job. I've been in NZ for 18 months and applied for the visa/permit under the partnership catergory. How long before I … read more
David Coleman
David Coleman
Solicitor
Bachelor\u0027s Degree
97 satisfied customers
I am a NZ citizen. I would like to apply for Australian permanent
I am a NZ citizen. I would like to apply for Australian permanent residency. I have an Australian critical skill: 2231-79 (Java). I have a brother who is an Australian citizen. I have been told to app… read more
David Coleman
David Coleman
Solicitor
Bachelor\u0027s Degree
97 satisfied customers
My husband is an australian citizen with an australian passport
My husband is an australian citizen with an australian passport and is going over to Brisbane for 18 months - I am hoping to join him in January and find a job for a year. What visa's etc do I need to… read more
David Coleman
David Coleman
Solicitor
Bachelor\u0027s Degree
97 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x