Travel to Australia with a criminal record

If you have a criminal record, you may be concerned about your Australia visa application.

Having a criminal record does not automatically prevent you from travelling** to Australia. However, your criminal history will be assessed as part of your visa application.

This article provides a detailed explanation of how a criminal record may impact your Australia visa decision.

Can I get an Australian visa online with a criminal record?

To be issued a visa for Australia, you must meet the good character requirement. If your criminal record means you do not meet this requirement, you might not be able to get a visa.

You may still pass the requirement and be issued a visa if you committed a minor offence and are not considered a threat.

Australia ETA and eVisitor applications if you have a criminal record

You cannot get an online eVisitor or ETA if you have prison sentences totalling 12 months or more.

You will need to apply for a different type of visa and supply additional documents to travel to Australia.

Understanding Australia's character requirement

You must meet the character requirements for Australia. It ensures the visa applications of people with a criminal record or those who present a threat are evaluated thoroughly.

Australia places great importance on maintaining a safe environment for residents and visitors.

Australia character requirement legislative background

The character requirement is based on the Migration Act 1958, Section 501. This outlines the character test that all visa applicants must satisfy.

The character test assesses past conduct, including any criminal history, to determine whether you can get a visa.

What criminal records prevent travel to Australia?

A substantial criminal record may prevent you from travelling to Australia. You are considered to hold a substantial criminal record if you have been:

There are some other situations in which your criminal record could be considered serious.

In these cases, you’ll need to provide additional documentation to support your visa application.

Offences of specific concern for Australia visa applications

Some types of offences are of particular concern and will likely prevent you from meeting the character requirement. These include violent crimes, sexual offences, and drug trafficking.

Australian authorities will evaluate whether you pose a threat to the public when assessing your application.

Association with criminal individuals or groups

Ties to criminal organizations or individuals involved in criminal activities may also affect your chances of obtaining an Australian visa.

The Australian authorities take associations of this nature seriously and consider them a risk factor when assessing visa applications.

How does Australia check for a criminal record?

Australian immigration has a vast network able to obtain information including criminal convictions. All Australia visa applicants need to fill out a character declaration. This will ask about:

Honesty is crucial. Providing false information can lead to visa refusal or cancellation, and even bans on future applications.

Documentation to show good character for visa applications

Home Affairs seeks facts and documentation to show people have not acted in this way, and are not likely to re-offend. Applicants must meet all character requirements. Psychiatrist assessment may be required and/or professional references, should there be any issues.

Please note that this page does not include the complete list of character requirements as defined in subsection 6 of Section 501 of Australia’s Migration Act 1958.

A migration agent should be able to assist and assess the matter in more detail if you reasonably believe there are potential issues or concerns with not meeting the character requirements.

Applicants may also be asked to supply supporting documentation to verify their character, including a police certificate (penal clearance certificate) from every country in which they lived and a letter from an employer to verify good conduct. This may include information about reports from psychologists or professional medically qualified personnel, a character statutory declaration, and/or form 80 – Personal particulars for character assessment.

Those who have served in any military force are required to provide a military certificate proving no criminal offence was committed during the time served.

If the applicant has no substantial criminal record and a report of good behaviour in general, then the e-visa for Australia may be granted.

Applying for a character waiver for Australia

If you do not meet Australia’s character requirements you may be able to apply for a character waiver in exceptional circumstances.

Character waivers are granted only in specific scenarios where the positive aspects of an applicant's character outweigh the concerns raised by their criminal record.

To apply for a character waiver, you need to provide a detailed explanation of your circumstances, including supporting documents such as character references, evidence of rehabilitation, and any other relevant information.

Seeking professional advice is recommended to ensure a comprehensive and well-prepared application.

How to enter Australia with a criminal record

If you have a criminal record, you can still apply for a visa, ETA, or eVisitor. If you do not meet the requirements, you’ll be notified and advised of the steps you need to take.

Depending on the nature of your criminal record, this might be applying for a different type of visa or providing supporting documents.

Advice for applying for an Australian visa if you have a criminal record

Here is some advice for applying for an Australian visa if you have a criminal record:

The Australian Immigration Department will take all of the circumstances surrounding an individual case into account. If they find out that you’ve not been honest then it could lead to a potential ban, refusal and/or visa cancellation.

If you have a substantial criminal record you may wish to seek assistance from a migration agent.