reg 2.03AA - police certificate scope

Police certificates are required from each country where the applicant has resided. The test is residence-based, not cumulative-days-of-visit. For Eduardo this means UK ACRO certificate only; US FBI certificate is NOT legally required because the US has been visits only, never a country of residence.

Primary source

"(1) For paragraphs 4001(b), 4001(c), 4002(a) and 4002(b) of Schedule 4, the Minister may require a person to provide a penal clearance certificate in respect of:

(a) a country where the person resides, or has resided, for 12 months or more in the period of 10 years immediately before the date of the application; or
(b) any other country where the Minister has reasonable grounds to believe the person may have a relevant police record." Migration Regulations 1994 (Cth) reg 2.03AA(1)

What this regulation does

reg 2.03AA defines which countries' police certificates the Department may require. The Department uses this against PIC 4001 (character) and PIC 4002 (security): a clean police record from each relevant country is the evidentiary basis for satisfying these criteria.

The regulation has two limbs:

Residence limb (subreg (1)(a)): any country where the applicant has resided for 12+ cumulative months in the past 10 years. The verb is "resides" - this is a residence test, not a cumulative-days-of-visit test.
Discretionary limb (subreg (1)(b)): any other country where the Minister has reasonable grounds to believe the applicant may have a police record. This is a fallback - rarely invoked absent specific intelligence.

The "residence" vs "visits" distinction

The Department's operational reading of "resides" requires the applicant to have made the country their home for the relevant period - taken up a residence, established a residential address, integrated into the country's economic life (employment, schooling, etc.). Tourist visits, business trips, and other temporary entries do not satisfy this, even if the cumulative days reach 12 months.

A useful test: was the country the applicant's home base during the period in question? If yes, residence; if no, visits.

My case

Residence history (past 10 years, verified):

United Kingdom: continuous residence 2016-2026 (Eduardo's home base; current address Flat 2, Granville Mansions, W12 8QA; prior address 5 Clifton Avenue, Shepherd's Bush, W12 9DR)
No other country of residence in the relevant 10-year window

US presence (past 10 years): cumulative visits only. The longest single US visit was the Feb-Apr 2026 stay in San Francisco (~54 days). Never a country of residence on the legal test.

Police certificates required under reg 2.03AA(1)(a):

UK ACRO: required (UK is country of residence)
US FBI: not required on legal test (US is not a country of residence)
Spain CNP: undetermined (verify residence audit)

Modlean: usPoliceCert.verdict = notRequired (kernel-checked).

Residual policy risk Even where the legal test does not require a US police certificate, a case officer might request one as a hedge if they perceive sustained US presence. This is a question for the consultation (Q1 in the question pack): is the departmental operational practice to ask for an FBI certificate based on visits, even when the legal test does not require it? The cost of obtaining one ($18, ~12-16 weeks lead time) is small relative to the cost of an RFI delay.

Strategy implications

UK ACRO is critical-path. Apply at acro.police.uk; ~£60; ~4 weeks lead time. Apply now.
US FBI as a hedge? Open question for the migration agent. If the agent thinks it materially reduces RFI risk, the marginal $18 is worth it; if not, skip.
Spain CNP: only required if Spain has been a country of residence in the relevant 10-year window. Likely no, but verify with the agent.

Q1 (in the question pack) - police cert hedge?
PIC 4001 - character (coming)
PIC 4002 - security (coming)

reg 2.03AA - police certificate scope

Primary source

What this regulation does

The "residence" vs "visits" distinction

My case

Strategy implications

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