Applying for an Australian visa with a criminal history?

Posted on April 19, 2024 | Last Updated on September 19, 2024

Navigating the Australian visa application process can be daunting, especially for individuals with a criminal history.

Questions often arise about the impact of past convictions on visa approval and the requirements of the character test.

One of the types of questions you may have is: can you get a visa for Australia with a criminal record?

These are the types of questions we will answer and more!

In this blog post, we provide an overview of what you need to know when applying for an Australian visa with a criminal record.

Can an Australian visa application be rejected because of a criminal record?

Not necessarily. If you pass the character test, you may still be able to get a visa.

However, your Australian visa application will be rejected if you have a ‘substantial criminal record’ as this would be considered as not meeting the character requirements for the Australian visa.

Therefore, your Australian visa will not necessarily be rejected based on a criminal record, but it may be rejected if you do not meet the character requirements.

Can you get a visa for Australia with a criminal record?

You can still apply for an Australian visa if you had a criminal record in the past.

However, you will have to meet the character requirements.

Note that each application is assessed individually, so it’s up to the Immigration authorities to decide whether you can be granted a visa or not.

Will criminal record affect visa application?

Yes, a criminal record can potentially affect a visa application in Australia.

The impact of a criminal record on a visa application depends on various factors, including the seriousness of the offence and the specific requirements and policies of the visa subclass you are applying for.

What is a character test?

The character test for an Australian visa consists of multiple questions regarding the applicant’s character and criminal history. Completing it is obligatory because the immigration officers need to ensure that individuals applying for visas are of good character.

This is assessed based on various factors, such as criminal history, immigration history, and other relevant aspects which is why you will be asked various questions.

Then the Department of Home Affairs assesses your character based on the information you provide and may request additional documentation or conduct background checks if necessary.

If you don’t meet some aspects of the character test, you may be able to provide evidence that your past actions do not reflect your current character. These factors can be taken into account when your application is being assessed.

What are the character requirements?

The character requirements are as follows:

• Not have had a substantial criminal record
• Not have a conviction for escaping from immigration detention
• Not have been convicted of a crime considered of serious international concern
• Not have had any involvement with a criminal group
• Generally, demonstrate that you are of good character

Visa first would ask you to confirm this information prior to your visa lodgement.

Do you need police clearance for an Australian tourist visa?

Typically, you won’t need a police check for a standard Australian tourist visa if you don’t have any criminal history.

However, it’s always a good idea for applicants to be prepared to provide relevant information about their background if asked.

What police check do I need for an Australian visa?

The type of police check for an Australian visa is typically a “National Police Certificate” or “National Police Check.”

What does a police check show?

The police check for an Australian visa usually shows:

• Disclosable court outcomes such as convictions, sentences, penalties, and findings of guilt
• Any pending charges
• Traffic offences

How long does it take to get a police check for an Australian visa?

It depends on the country you come from.

It’s advisable to apply for the police check well in advance of your visa application to allow for any potential delays.

Can I sponsor my partner to Australia if I have a criminal record?

You may still be able to sponsor a partner to Australia even if you have a criminal record unless you have a substantial criminal record. In which case, your application could be refused.

Read Also:
Can You Apply For Two Australian Working Holiday Visas With Dual Nationality?

What will happen if I hide my criminal history?

There can be serious consequences if you try to hide or fail to disclose your criminal history when applying for an Australian visa.

Some potential consequences include:

• If the Australian immigration authorities discover that you have concealed your criminal history, your visa application is likely to be refused
• If you have already been granted a visa and it is later discovered that you hid your criminal history, your visa may be cancelled
• It may lead to legal consequences since it is considered visa fraud. This can include fines and potential criminal charges
• Having your visa refused or cancelled will be recorded on your immigration record, which can affect your ability to obtain visas for Australia or any other countries in the future

Need a visa for Australia?

At Visa First, we can help you to apply for your Australian visa, such as the Australian Working Holiday Visa, the Australian Visitor Visa and more!

We’ll guide you through the application process and take care of the boring paperwork for you.

With more than 20 years as an international immigration consulting company, we can assure you that you’re in safe hands.