# What if you can't get a police check?



## ibu (Feb 22, 2011)

Does this sometimes happen? My Husband needs to get Thai, Indonesian and Malaysian checks done as well as the UK one. All three foreign ones seem to to be in a stalled state at the moment as my husband is missing a key piece of paper or number for 2 of them and the third one might not even be able to be issued as he was my dependent and not working. Does anyone know the likely outcome if we aren't able to get one or more of the checks? Is that when they ask for an ASIO check? Or would they just put his application on hold indefinately or reject it? 
thanks in advance for responses


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## aussiegirl (Dec 15, 2009)

If they don't come in time for the application, you would have to write in a cover letter that you have applied and what the complications are in getting them. You could try doing a stat.dec just to say there is no criminal background, but DIAC may still need the checks anyway.

The police checks have nothing to do with the AoS. That is based on the sponsor's earnings and work history, as well as the employment prospects of the applicant among other factors


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## ibu (Feb 22, 2011)

Thanks for the reply. I meant would they ask him to fill in form 80, I think I've read people referring to is as an ASIO check. I assumed it is so that the Australian security Intelligence Organisation could carry out checks.


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## aussiegirl (Dec 15, 2009)

Ah yes, sorry about that. So many people have asked about AoS lately that it must be on my mind 

A form 80 is always requested in certain countries or for applicants from certain "high risk" countries, but some countries don't seem to require it much at all. Where is your husband from?


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## ibu (Feb 22, 2011)

He was born in the UK but I think he's held a Pakistani passport previously as his family are from there. I'm guessing that would be classed as a high risk country.


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## aussiegirl (Dec 15, 2009)

Well, I can't say for sure whether a form 80 will be needed or not. With so much tension being created with recent events from that part of the world, it's possible DIAC will be more cautious. 

If your husband is asked for a form 80, he could be in for quite a long wait. I have seen some people waiting 11, 12 months or more. Unfortunately DIAC has no control of the checks that ASIO carries out, and applicants can't request expidition of processing due to special circumstances.

ASIO has admitted on a few occassions that they are struggling to process checks due to the number or asylum seekers currently in the system, and the man power demand to get these checks done had caused processing times for visa application checks to blow out.

You'll only know if an ASIO check is needed when DIAC requests it, so try not to worry too much about it at this point.


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## Joolz (Jan 29, 2010)

If the police checks don't come in time send in your application, but you need to write that they are pending and what exactly you have tried to do to obtain them in a cover letter. Send copies of the police check certificates to the DIAC/case manager when they do arrive. If you are still having troubles obtaining them, this then needs to be discussed with your case manager who may make some suggestions in order to obtain them.


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## aussiegirl (Dec 15, 2009)

As far as I know, and from what DIAC says on their site, all police checks sent should be originals.


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## ibu (Feb 22, 2011)

An update on our situation for anyone interested...

Well the UK one is hopefully in process having been sent off nearly 2 weeks ago.

The Malaysian one is now in process having discovered that the ID number that seemed critically important to complete filling in the form is apparently only for Malaysian citizens to fill in. May take up to 2 months to be sent through though!!!!!

The Thai one, we're just waiting to see if my husband can eventually get through on the phone to the flooded area where his former employer is to see if they can write a letter saying he used to work there. Then that can be sent off.

The Indonesia one seems to require a set of fingerprints to be done on the police check form so hopefully we can get a form sent to us and do it here and send it back. Apparently it will only take about 2 weeks to process if we can get the fingerprints to them.

So it may just be that we'll manage to get them all after all.


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## ibu (Feb 22, 2011)

A further update. 
The Thai check is a total dead end at the moment as my OH's passport which includes stamps for entry and exit was stolen and he doesn't have the right other documents to prove that he worked there. We do however have a letter form the Thai embassy here in the UK saying that his current passport and other documents are unsuitable for obtaining a check.

The Indonesian one also seems to be a dead end as they seem to only accept fingerprints done in Indonesia.

We sent everything off to our case officer so are now just waiting to see what he suggests. He was very casual about the whole thing.

oh and the Malaysian one..... up to 3 months to process, not 2.


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## lildevil872 (Dec 24, 2010)

Lol I am Malaysian and live in Sydney waiting to apply for 485.. I will be going to the Malaysian embassy in Canberra to get my police clearance and it will be given to me on the same day itself


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## ibu (Feb 22, 2011)

lildevil872 said:


> Lol I am Malaysian and live in Sydney waiting to apply for 485.. I will be going to the Malaysian embassy in Canberra to get my police clearance and it will be given to me on the same day itself


Funny, that's what my husband was also told a while ago by someone from the Malaysian embassy here in London....However when he then rang them to start the process we found out that the original information was wrong. If you do a search on google you'll see that plenty of Malaysians, in Malaysia no less, are having to wait up to 3 months also. Good luck to you if the Malaysian embassy in Canberra can sort if for you in a day but don't be suprised if it turns out that it's not possible.

A further update on our situation for anyone interested:
Just waiting for my husband to make contact with our case officer as they're playing answering machine tag at the moment. It seems that the information we supplied about the inability to get the Indo check has been verified by the Indo embassy so he will just have to sign and afidavid (sp?) and hopefully the same situation will occur for the Thai one, but that's what we're just waiting to find out about. Still waiting for the Malaysian check which is nearly 3 months passed application but appartently their website is saying it was only logged about a month ago which is a bit worrying.


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## Turboadam (Apr 19, 2011)

The Thai one requires personal attendance and finger prints to be taken at the time.


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## ibu (Feb 22, 2011)

Turboadam said:


> The Thai one requires personal attendance and finger prints to be taken at the time.


Fab! That means the Thai embassy should confirm that it's not possible to get the check done. We heard for the CO and he said he's just waiting for them to confirm that it can't be done.....then we're just waiting for the sodding Malaysian one.


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## ibu (Feb 22, 2011)

A final update:
My husband's visa was granted yesterday!!!!
So: First paper work handed in on the 20/04/2011
Final paper work (police checks) handed in ermmmm about 3 weeks ago I think.
Visa granted 11/10/2011

What finally ended up happening with the police checks: Indonesian one was waivered but this had to be done by including a signed afadifid (spelling?) and some sort of waiver form had to be sent off by our case officer BUT only once he had all the other police checks. 
Malaysian check took 3 months exactly to process and arrived a couple of days later in the post.
The Thai check still had to be applied for even though we didn't have some of the requested paper work. It took about a month to arrive.

So all in all it took just over 6 months but then we were easily able to prove how long we'd been together and we also have a child.

Now the hard part, try and find jobs.
Good luck to everyone.


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