The Use Of Expired Overseas Police Check For 887 Visa Application

[JetBlast]

Hello,

I am looking to apply for my 887 visa in a few weeks. I came across this link in the Skilled Visa section on the Department Of Home Affairs website

https://immi.homeaffairs.gov.au/what-we-do/skilled-migration-program/skilled-visa-newsletters/november-2019?fbclid=IwAR34sxOZA_WeNfTNoZPRC1IrgtPjoMeP-BHmALyyy_WXzoFfKJ90eECtHbo

The section I am particularly interested in is "Penal clearance certificates – validity issues"

Quote

There has been some confusion in relation the police certificate validity requirements. These requirements are as follows:

• For visa assessment purposes, all police certificates issued are considered valid for 12 months from the date of issue, irrespective of the period specified by the issuing country. 
• If the applicant returns to the country that issued the police certificate during the certificate’s validity, it will generally not affect the validity.
• Where an overseas police certificate has expired and the applicant has returned to the country that issued the certificate for more than two months in total (as a cumulative period) since the certificate expired, a new certificate will need to be provided.
• Where a certificate has expired and the applicant has NOT returned to the country that issued the certificate, a new certificate is not required.

 

Since my UK police certificate expired (12 months after issue) I have spent just over 2 weeks visiting family in the UK. Interpret that as my time in the UK has been under 2 months I can use my expired police certificate and I don't need to obtain a new one.

However I this information is under the 494 visa section, does this also apply to 887 visa applications as well please?

Can anyone advise please?

Thanks

Edited May 26, 2021 by JetBlast

[Parley]

Bullet Point 1 says it is only valid for 12 months after issue. Si I'm sure you will need to get a new one.

[rammygirl]

Not sure if it applies to PR visa applications, I always thought that if you hadn’t returned it remained valid, but that if you returned at all it wasn’t. Didn’t realise there was a time limit on the return. 
I guess they might ask for it so if wait and see? Unless the certificates are taking much longer to process these days of course. 

[wrussell]

In some cases a request for PCCs is at the discretion of the delegate.

[JetBlast]

12 hours ago, Parley said:

Bullet Point 1 says it is only valid for 12 months after issue. Si I'm sure you will need to get a new one.

However the bullets below that say an expired cert can be used in some cases

11 hours ago, rammygirl said:

Unless the certificates are taking much longer to process these days of course. 

It takes 12 working days to process the certificate, It's taking about 3 weeks to post from the uk. 33 days turn around and they ask for the document to be returned in 28 days. But if I submit the check too early it will expire before the visa is processed.

8 hours ago, wrussell said:

In some cases a request for PCCs is at the discretion of the delegate.

Thank you. Seems to be the typical visa Aus lottery 

[wrussell]

For some countries, it is not possible to obtain a PCC if not in that country and for others the eligibility criteria conflict with those of those of AU.

Sometimes a statutory declaration is accepted in lieu. In these cases I advise clients to obtain a statement from their misssion that nothing adverse was  reported to them; for anything serious it would be.  

The only thing about which you can be 100% certain when dealing with THE department is that the minister will pocket the fees you pay.

Edited May 27, 2021 by wrussell
sp

[rammygirl]

As long as you upload evidence you have applied for the check within 28 days of the request they will wait for the result, don’t panic.

[paulhand]

12 hours ago, JetBlast said:

It's taking about 3 weeks to post from the uk. 

Assuming it doesn’t get lost ... I always recommend that the certificate is sent to a trusted friend or relative in the UK, so that they can scan it to you. Much quicker and safer.