The Australian Government takes criminal history very seriously. As a result, every Australian visa application asks about criminal convictions or ongoing investigations – including simple tourist and visitor visas. A criminal record can therefore not only affect those planning to migrate to Australia, but can also complicate travel for holidays or Work & Travel purposes.
Why are criminal convictions taken into account?
Questions about criminal history are asked both in the visa application and again upon entry to Australia when completing the Incoming Passenger Card.
To be granted an Australian visa, applicants must meet the so-called “character test”. This test is used by the Australian Government to assess risk: can a person be admitted to Australia without concern, or is there a possibility that they may not comply with Australian laws and regulations?
Protecting the Australian community is the primary focus. As a result, the character requirements are strict and applications involving criminal history are assessed very thoroughly. The decision to grant a visa ultimately lies at the discretion of the Australian authorities. If there are doubts regarding an applicant’s character, a visa application may be refused on this basis.
Is it possible to obtain a visa if you have a criminal record?
Existing criminal convictions usually result in a more detailed assessment of an Australian visa application, often requiring additional documentation and leading to longer processing times.
However, a criminal record does not automatically mean that an Australian visa will be refused. Instead, the Australian authorities assess each case individually and in greater detail.
A wide range of factors are taken into account when a decision is made. These include the nature of the offence, the severity of the sentence and the court’s reasoning, the circumstances surrounding the offence, the number of offences involved and how long ago they occurred. All of these aspects can significantly influence whether an Australian visa is granted or refused.
Isolated offences and minor youthful indiscretions resulting in community service are often not an obstacle to obtaining a visa. Repeated offences or ongoing criminal behaviour, however, can be problematic. Longer prison sentences may also be an issue, regardless of whether the sentence was actually served or suspended, and can result in a visa being refused. The length of time that has passed since the offences occurred is also taken into account and can affect the prospects of a successful application.
What must be declared in a visa application?
The questions relating to criminal history in a visa application are broadly framed: have you ever been convicted, charged, or are you currently under investigation?
This is not limited to whether there are current entries on a police certificate. Applicants are also required to disclose offences that may not appear on standard police records, convictions that no longer appear on official certificates, as well as any ongoing investigations or proceedings.
If any of these questions are answered with “yes”, additional information is usually required. This typically includes detailed explanations of the circumstances, personal statements, and supporting documentation.
What happens if criminal history is not disclosed?
Incorrect or misleading information in a visa application can lead to a visa refusal. This also applies to incorrect information provided in previous visa applications or on other entry documents, such as the Incoming Passenger Card.
If criminal convictions are not disclosed and this is later discovered, this can not only result in a visa refusal but may also lead to exclusion periods of several years.
Australian authorities may, under certain circumstances, request information from overseas criminal record systems or national criminal registers as part of the visa assessment process.
Is it still worth applying for an Australian visa if you have a criminal record?
A criminal record is not an automatic refusal for an Australian visa. Each case is assessed individually.
Minor offences do not necessarily prevent a successful visa application. In cases involving more serious offences or prison sentences, a range of factors must be carefully considered when assessing the chances of success.
Where criminal history is involved, obtaining a professional assessment of the prospects of success is therefore strongly recommended.
