# Police Clearance Certs - which ones?



## LotusPalm (May 15, 2013)

Hello,

We need so.e advice and (hopefully) reassurance!

My husband gas been offered a job in SA and the company are currently considering whether to apply for a quota permit rather than general work permit. Obviously, we still need to get police clearance certificates, and this ifs were or question comes in

My husband went to Australia on an extended visa (one year) 12 years ago, but he was young and foolish and over stayed the visa by 2 years, and worked during this time. He was not deported, and no criminal proceedings happened as he left of his own accord in 2004. So, two questions:
Will this affect his visa application? Will the south African authorities know about this even?
And which Australian police clearance cert will he need? The have a name search or a name and fingerprint search and can't seem to find which is necessary for SA. 

Thanks in advance, any help you can give will be very gratefully received as we both have really good job offers out there, and really want to come!


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## LegalMan (Dec 26, 2012)

A standard police clearance is needed for the Australian stay. I presume this means without the fingerprint search, which frankly I haven't heard of before.

I doubt they care about the length of stay or overstay unless it comes up on a criminal record.


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## LotusPalm (May 15, 2013)

How honest should we be about the circumstances then dp you think - we aren't thinking of denying it happened, but should we draw attention to it, or just supply the criminal check without mentioning to the employer or their agency that this happened in the past?

I don't want to be dishonest, but neither do I want to draw attention to something that would be irrelevant unless we talked about it, if you see what I mean...


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## LegalMan (Dec 26, 2012)

They are asking for a criminal check. Give it to them.

They are not asking you to draw attention to anything else. Don't draw attention. Why would you want to?


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## Saartjie (Mar 1, 2010)

LotusPalm said:


> Hello,
> 
> We need so.e advice and (hopefully) reassurance!
> 
> ...


If no action was taken in relation to his 'over stay' then there should be no records, and absolutely no criminal records. A friend of mine overstayed in OZ (and worked) but he was caught out and put in jail for three days and then deported. He was prohibited to return to OZ for five years. But as I said, he was properly caught out and charged which is why it would show up on a criminal records search.

I do not think you have anything to worry about but refrain from even mentioning it. If there are no records there is nothing that can subsequently be discovered.


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## LotusPalm (May 15, 2013)

Saartjie said:


> I do not think you have anything to worry about but refrain from even mentioning it. If there are no records there is nothing that can subsequently be discovered.


The stay in Oz is on his original cv, by has been removed for the official one that will be assessed for his visa. Should we go ahead and get the police clearance cert (we haven't been asked for it, just know that its needed for any stay longer than a year - but he was only there officially for a year) for oz. Or not mention that? 

Not sure what we should do!


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## Saartjie (Mar 1, 2010)

LotusPalm said:


> The stay in Oz is on his original cv, by has been removed for the official one that will be assessed for his visa. Should we go ahead and get the police clearance cert (we haven't been asked for it, just know that its needed for any stay longer than a year - but he was only there officially for a year) for oz. Or not mention that?
> 
> Not sure what we should do!


My advice is to always be honest. You do not want to be caught out and risk not getting a permit. Presumably he was in Oz legally before he overstayed. As the rule is that you must get police clearance from all countries that you have stayed in for more than a year since 18 years of age, the Australia one is required. If he officially was there for 1 year, state this on the CV and apply for the police clearance. That way you have been as honest as you possibly can.


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