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It can be a thrilling experience to travel to Australia, but it’s essential to be informed of the laws there, especially when it comes to past criminal convictions. Australia has strict entrance criteria, and anyone with certain criminal convictions may be unable to enter the nation.
In this article, we’ll examine the main measures that decide whether or not someone with a criminal past can visit Australia. It’s essential to comprehend these limitations to ensure a smooth and legal visit to this stunning location.
Knowing the rules and restrictions will help you plan your trip and prevent any potential problems at the border, whether you have a less significant conviction or a more serious one. Let’s explore what criminal convictions prevent travel to Australia and how to handle this issue when travelling abroad.
Can Someone With A Criminal Past Apply For An Australian Visa?
Yes, visitors with a criminal history can apply for an eVisitor visa or an Australian ETA. Anyone found guilty of a minor offence but still needs to receive a prison term may submit an ETA or eVisitor application. The ETA for Australia or the eVisitor visa cannot be applied for by a traveller with a significant criminal history.
Those qualified to do so must provide accurate information on the application for the Australian electronic permit. Any applicant for an ETA will be prevented from moving on if they have a conviction history and respond “yes” to any security inquiries.
What Does A Significant Criminal History Mean?
A substantial criminal record is one in which the applicant has received a total sentence of 12 months or more in jail, as determined by the Australian visa character test.
Criminal Convictions In Australia (eVisitor Visa)
Criminally convicted people who want to visit Australia need help to complete an online Australia ETA (eVisitor) visa application. You cannot apply for an ETA visa for Australia if you have criminal convictions that resulted in a sentence of at least 12 months in jail (whether served or suspended).
It doesn’t necessarily mean you can’t receive a visa, but you must provide more information so that officials can check your character. Despite your prior convictions, we can provide you with the most excellent chance possible to obtain your Australian visa by offering you our considerable knowledge, professional guidance, and help.
What Types Of Criminal Convictions You Must Disclose?
No matter how insignificant or recent, criminal convictions must be disclosed when applying for an Australian visa. You won’t be denied a visa because of a minor infraction. Conversely, lying about it can result in your visa application being rejected. Even if you have a visa, entrance may be refused if you fail to disclose a criminal conviction, no matter how minor. It would be best if you told the truth regarding any criminal convictions.
How To Apply For A Visiting Visa To Australia If You Have A Criminal History
The way the applications are handled differs. Most visas (ETA or eVisitor visas) are controlled and issued electronically. However, regardless of where you are from, you cannot apply for an ETA visa through the usual online method if you have criminal convictions that resulted in a jail or prison sentence.
An Australian Immigration case officer is typically assigned to applicants with criminal convictions. The case officer will determine the visa application requirements and how the application will be processed.
Any Convictions In Another Nation
Regardless of when the convictions occurred, if you have criminal convictions in any other nation (including Australia), you must disclose them when you arrive in Australia. This statement is made as part of the immigration clearance process on your incoming passenger card. A border patrol agent from the Australian Border Force will evaluate your declaration.
ImmiAccount is the recommended and most effective way to have your application evaluated if you apply for a different visa subclass. The first visa processing starts at the Australian High Commission in Suva. Evaluations of Section 501 Character are transmitted to Melbourne, Australia’s Visa Application Character Consideration Unit (VACCU) for review. Depending on your situation, the VACCU character evaluation process could take up to or even longer than six months.
Additional Charges For Visa
An application fee from the Australian Government is required to process your application. You will be required to pay an additional fee if the application requires further character evaluation. There can be extra charges for a police clearance certificate. If any documents need to be verified, there will be additional expenses (payable directly to the organisations involved).
Time To Get Visa With Criminal Convictions
When criminal convictions are involved, it typically takes at least 3 months, but it may take up to 12 months to receive a decision on a visa. This depends on the seriousness of the sentence and the precise pathway that the Australian immigration case officer assigned to your application determines is suitable.
The type and severity of the offence (s), the duration of the sentence, and the processing period for your visa application will all be factors. We can give you an estimate once we know more details about your particular situation.
Are Convictions For Traffic Offences Crimes?
Traffic violations do count as criminal offences. However, travellers with traffic offences are likelier to be granted a visa to Australia.
Your Visa’s Terms After It Has Been Granted
Depending on your unique situation and the purpose of your journey, a grant may be given for a single visit with a shorter trip duration than the typical 90 days. Otherwise, the specific circumstances are:
- Usually, your visa is only suitable for 12 months from the date it is issued.
- You are typically permitted to go to Australia on several occasions throughout this term, but each journey is limited to a stay of at most 90 days.
- You are not permitted to receive remuneration for services done in Australia.
Will A DUI Conviction Hinder My Plans To Visit Australia?
Yes. No matter what kind of conviction you have, you must disclose it to the Australian Government. They’ll let you know if you must demonstrate good conduct and submit a visa application. A DUI will generally only delay obtaining a tourist visa, not prevent it. A working visa may sometimes be rejected even when granted a tourist visa.
What Happens If I Don’t Reveal My Criminal History?
New Zealand and Australia’s immigration systems share a live database. A spoken request for information from the New Zealand justice system can be made in response to any questions, and it will be fulfilled within 60 minutes.
You risk being detained and sent back to New Zealand on the following flight if you don’t disclose and then lie on the arrivals card. The best advice is to disclose any prior criminal convictions and inquire whether a visa application is necessary. The likelihood of them letting you in increases if the conviction was light or occurred long ago.
Apply as soon as you can because this process takes time. It might be waived if the conviction was only minor. They might need to apply for a visa. Or, in the worst situation, you might be sent away.
However, if you don’t disclose it, all three conditions might lead to a quick trip back to New Zealand. If you pass immigration without incident and then come to Australia, it may be discovered later, and you will be expelled. No more visas will ever be issued at this time.
What Offences Have An Impact On Immigration In Australia?
Suppose you are incarcerated full-time for an Australian offence and have received a death, life, or more than a one-year-long sentence. In that case, we are required by law to cancel your visa and be found guilty by an Australian or international court of a crime with a sexual basis involving a kid.
Does A Criminal Record Affect Australian Visa Eligibility?
You can still apply for an Australian visa with a criminal history. To make sure you pass the character test, it is crucial to investigate your criminal record. Finding out if you have a significant illegal account is necessary. When applying for a visa, you should be honest.
Immigration In Australia Conducts Background Checks?
The Government might also use your information to ensure immigration compliance. Only the national security portion of the background investigation will be done if you are under 18. Your data will be given to ASIO by AusCheck to complete this check.
Is Immigration In Australia Strict?
Australia has one of the most vital policies regarding refugees, including a system of indefinite mandatory detention for those entering the country illegally.
What Impact Does A Criminal Record Have In Australia?
Additionally, a criminal record might harm your standing in the community. People in Australia will likely view you differently if you have a criminal past. The people around you, including strangers, relatives, and family, might be extra cautious.