We have seen a massive increase in the application for Police Clearance Certificates for immigration purposes. It is one of the cornerstone documents that YOU HAVE TO HAVE, depending on the country that you are aiming on going to.
That being said, many have found their applications rejected for failing to produce a “valid police clearance” or have been found to not be of “good and Sound Character” due to an offence listed on their police report.
Here you will find the correct info as defined in the Immigration act.
Regulation 1 provides that a, “ police clearance certificate “ , means a certificate issued by the police or security authority in each country where the relevant applicant resided for 12 months or longer after attaining the age of 18 years, in respect of criminal records or the character of that applicant, which certificate shall not be older than six months at the time of its submission: Provided that the certificate shall not be required from a foreign country in the case of a renewal or extension of a visa but from the Republic.
From the definition we can gather quite a lot of information about what constitutes a valid police clearance , its purpose , which applicants are required produce it and when is it required.
A Police Clearance Certificate can only be issued by the police or security authority of the country of residence. However, Certificates RSA may act as intermediary between yourself and the authorities, simplifying the process.
Persons over the age of 18 are required to produce the Police Clearance Certificate for every country they have resided in for 1 year since reaching the age of 18. It is not clear whether the period of 12 months is a cumulative one or a continuous period. It is however advisable to produce the police clearance where you are able to do so, regardless of the period you resided in the country.
Meaning of Good and Sound Character.
Currently there is no definition of good and sound character in the Act and neither is there an established standard. Often where a person has any conviction even if it is not a serious offence such a reckless driving or driving under the influence of alcohol the Department of Home Affairs may reject the application on the basis that the applicant is not of good and sound character. Whilst any criminal act can never be described as minor, one would certainly not place these offences on the same scale as murder or fraud.
Section 30(1)(g) Provides that anyone with previous convictions without the option of a fine for conduct which would be an offence in the Republic, with the exclusion of certain prescribed offences is an undesirable and therefore disqualified from applying for a visa or permanent residence permit.
The Act lists under schedule 1 and 2 offences that will lead to the withdrawal of a status and disqualification for a visa or permit. The list contains very serious offences including sexual offences, Murder , robbery , assault, fraud , forgery, theft and any offence the punishment of which may be a period of imprisonment exceeding six months without the option of a fine. The list does include other offence.