Criminal Record Problems

 

Having a criminal record can significantly impact your ability to obtain or keep an Australian visa. The Department of Home Affairs has strict character requirements, and failing them can result in visa refusal or cancellation under Section 501 of the Migration Act.

However, having a criminal record does not automatically mean your visa will be refused. I have successfully helped individuals with past convictions navigate the immigration system and argue their case. If you’re facing visa complications due to a criminal history, here’s what you need to know.

How Does a Criminal Record Affect Your Visa?

Every visa applicant must meet the character requirements, which include passing the Character Test. If you fail this test, the Department of Home Affairs may:

🚫 Refuse your visa application.
🚫 Cancel your existing visa.
🚫 Place you in immigration detention while your case is reviewed.

🔗 Read more about the Character Test & Visa Cancellations.

What Is the Character Test?

Under Section 501 of the Migration Act, you may fail the Character Test if you:

🚨 Have been sentenced to 12 months or more in prison (even if it was not served).
🚨 Have committed serious crimes, including violent offenses or sexual crimes.
🚨 Are considered a risk to the Australian community.
🚨 Have a history of repeated offenses.
🚨 Have been involved in organized crime, human rights violations, or terrorism.

If you fail the Character Test, you will likely receive a Notice of Intention to Consider Cancellation (NOICC), giving you a chance to respond before a final decision is made.

🔗 Learn how to respond to a NOICC in our guide: Visa Cancellation – How to Respond & Avoid Deportation.

What to Do If You Have a Criminal Record?

If you have past convictions, you should be upfront about them in your visa application. Hiding your criminal record can lead to automatic refusal under PIC 4020 (false or misleading information).

Steps to Strengthen Your Application:

📌 1. Provide Character References – Letters from employers, community leaders, or family members showing you have rehabilitated.
📌 2. Show Evidence of Rehabilitation – Attending counseling, completing community service, or avoiding further criminal activity can support your case.
📌 3. Submit a Strong Personal Statement – Explain your past offenses, show remorse, and highlight positive contributions to the community.
📌 4. Get Legal Advice – If your case is complex, professional legal representation can make a huge difference.

Visa Cancellation Due to Criminal Record – What Are Your Options?

If your visa has been cancelled under Section 501, you may be able to:

🔹 Apply for a revocation of the cancellation – If you receive a visa cancellation notice, you have 28 days to respond.
🔹 Appeal to the Administrative Review Tribunal (ART) – You can challenge the decision if it was unfair.
🔹 Take your case to the Federal Court – If there was a legal error in the decision-making process.
🔹 Request Ministerial Intervention – If you have exceptional circumstances.

🔗 Read about How to Appeal a Visa Cancellation Under Section 501.

Can You Still Get Australian Citizenship with a Criminal Record?

If you have a criminal record, applying for Australian citizenship can be challenging. You will need to meet the good character requirement, and any serious offenses may lead to rejection.

Before applying, make sure to:

✔ Disclose all convictions honestly.
✔ Provide evidence of rehabilitation.
✔ Show your contributions to Australian society.

🔗 Learn more about Australian Citizenship & Character Requirements.

Need Help with a Criminal Record & Visa Issues? Let’s Talk.

A criminal record does not always mean you can’t get or keep your visa. I have helped many individuals with criminal history challenges present strong arguments to Home Affairs.

📅 Book a consultation today: Schedule an Appointment

Let’s build a strong case for your visa approval.