Navigating Australian Immigration with a Criminal History

Australia has been a very popular destination for the majority of migrants, particularly those from the United Kingdom. The warm weather, proximity to nature, and big city centres with new prospects are appealing to many in the UK as well as to others across the globe. As per the reports of 2022, more than 1.1 million individuals who were born in Britain lived full time in Australia, and the figure keeps increasing.  This blog examines how you can possibly migrate to Australia with a criminal record.

Finding the Correct Visa

However, it is important realising that the ‘Australian Dream’ comes with its set of challenges. Even if you are getting prepared to relocate, it needs applying for a visa; and there are more than 100 visa types for Australia. Identifying the most suitable one for you is a part of this process.

Criminal Record Checks for Visa Applicants

In addition, Australian visa applicants need to undergo thorough health and character checks. This covers inquiries and investigations into an individual’s criminal history, which is more often the determining factor into who might be able to become an Australian.

For example, the website of Australia’s Department of Home Affairs claims that those having a “substantial criminal record” will not be allowed to obtain a visa. Australia terms a “substantial criminal record” as “based on the length of a sentence imposed by a court of law”. The definition of this term arises from the 1958 Migration act which aims at shaping migration in the national interest. However, in cases of Normal Migration it is a custodial sentence more than 12 months.

Further, the Department of Home Affairs identifies certain particularities within the character test. The applicants can be denied a visa if they have committed the offence of sexually assaulting a person under 18 years, of an offence committed while in immigration detention, or of taking part in a war crime or crime against humanity, among other offences. Based on the seriousness of the offence, applicants might be required to provide police clearance from the country (or countries) where they reside.

How Minor Offences Impact Your Visa Application

However, there is still hope for persons moving to Australia with a conviction. For example, if the conviction is less than 12 months, you can still obtain an Australian visa. Such convictions, regarded as minor offenses, are less probable to exclude applicants from obtaining Australian visas. Australian legislation requires that if a candidate has been found guilty of an offense that incurs more than 12 months of prison, their visa application is sent to Visa Application Character Consideration Unit (VACCU).

Understanding Visa Application Character Consideration Unit (VACCU)

While Australia’s famous inviting lifestyle has been luring UK people for more than ten years, the nation uses a system that has employed rigorous procedures of entry for immigrants. The strict character tests assure migrants of passing the requirements of their future new home. While convicted ones would encounter a tougher process for visa acquisition, there are still several potential ways through which people with insignificant criminal pasts can migrate to Australia.

What are my prospects with a criminal conviction for Australian migration?

Your opportunity to migrate to Australia with a criminal record depends on a range of factors, including the severity of the offence, the duration of the sentence, and how long ago the conviction was. Petty offences or sentences of less than 12 months do not necessarily disqualify you. Each case is assessed on its merits under Australia’s stringent character requirements. An immigration specialist can assist in evaluating your individual circumstances and increasing your chance of approval.

Seeking Legal Counsel and Guidance

If you have a criminal record and are in doubt about your suitability to come to Australia, it is advisable to seek the advice of a qualified immigration practitioner. A migration agent or an immigration lawyer will be able to review your situation, guide you on how your criminal history might affect your application for a visa, and aid in the preparation of supporting documentation.

They can also assist with writing a personal statement or sourcing character references to support your application. In more serious instances, legal experts will communicate directly with the Department of Home Affairs or represent you if there are appeals or reviews. Procuring professional help early on will greatly enhance your prospects for a positive result and prevent undesired delays or rejections.

For individuals migrating to Australia who have a criminal record, please contact us for further information.