Criminal Record Problems

Having a criminal record can make applying for, or keeping, an Australian visa very difficult. The Department of Home Affairs applies strict character requirements under section 501 of the Migration Act. A criminal conviction, even for a minor offence, can lead to visa refusal, cancellation, or long-term bans. At MyVisa Lawyers, I help clients with criminal record problems navigate this complex process and fight to protect their right to remain in Australia.

What Are Criminal Record Problems in Immigration?

When applying for an Australian visa, you must satisfy the character test. This involves disclosing criminal history, both in Australia and overseas. Criminal record issues may include:

• Convictions resulting in imprisonment of 12 months or more (including suspended sentences).
• Multiple shorter sentences that, when combined, total 12 months or more.
• Offences involving violence, drugs, or serious misconduct.
• Non-disclosure of criminal history, leading to refusal or cancellation.
• Visa cancellations on character grounds, even for long-term residents.

The Department can refuse or cancel a visa if you fail the character test, regardless of how long you have lived in Australia.

Who Is This For?

This service is for:

• Visa applicants with past or current criminal convictions.
• Temporary or permanent residents facing visa cancellation due to criminal offences.
• Long-term residents at risk of removal under section 501 of the Migration Act.
• Families concerned about the impact of a partner or parent’s criminal history on their visa application.
• Applicants who have already received a Notice of Intention to Consider Cancellation (NOICC).

Why Choose MyVisa Lawyers?

Character-based refusals and cancellations are serious and life-changing. Clients choose us because:

• Specialist expertise – I understand section 501 decisions and character test requirements in detail.
• Proven advocacy – I have represented clients in complex criminal record cases before the Department, the Tribunal, and the Courts.
• Tailored strategies – I build strong submissions highlighting rehabilitation, family ties, and contributions to Australia.
• Clear advice – I explain the risks, options, and likely outcomes in plain English.

Common Pitfalls & Traps

Applicants with criminal records often harm their cases by:

• Failing to disclose convictions, hoping the Department will not find out.
• Underestimating the seriousness of minor offences in immigration law.
• Missing deadlines to respond to NOICCs or appeal decisions.
• Providing weak or incomplete evidence of rehabilitation.
• Relying on poor advice or attempting to manage a section 501 case alone.

How I Can Help

At MyVisa Lawyers, I act quickly and strategically in criminal record cases. Our services include:

• Advising on your visa eligibility and risks based on your criminal history.
• Preparing submissions to the Department addressing character concerns.
• Responding to Notices of Intention to Consider Cancellation (NOICC).
• Representing clients in appeals before the Administrative Review Tribunal (ART) and Courts.
• Advising on Ministerial Intervention options in exceptional circumstances.

Take Action Now

Criminal record problems can put your future in Australia at serious risk. Time limits are strict, and early legal advice is critical to your success.

Book a confidential consultation with MyVisa Lawyers today to discuss your criminal record issues and protect your right to stay in Australia.