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Can You Emigrate to Australia with a Criminal Record?

Mar 21 2023

by Britton and Time

by Britton and Time

In this article
Moving to Australia CTA

Can you emigrate with a criminal record?

This really depends on the type of offence you have committed. Normally, the Australian Department for Home Affairs will judge your record if you have been:

  • Sentenced to life imprisonment or death
  • Sentenced to imprisonment for twelve months or more (this can be in one sentence or across multiple sentences)
  • Found not fit to plead in relation to an offence by the court but found to have committed the offence and detained accordingly

You’re also likely to fail the character test if there is a risk you would:

  • Commit criminal conduct in the country
  • Harass, stalk, initimidate or molest another person
  • Vilify a section of the Australian community
  • Incite violence or dangerous behaviour
  • Represent a danger to the Australian community

Since 2017, Australia also cancels or refuses any visa applications that in relation to sexual offences. This includes:

  • Having a conviction of one or more sexual offences involving a child
  • Found guilty of a sexual offence involving a child, despite not receiving a conviction (i.e. absolute discharge)

If you fall into one of these categories above, Home Affairs will not automatically deny your application. The authorities will use their discretion, alongside any evidence you provide supporting your character, on whether or not to approve your visa.

The Australian Immigration Experts

Our Australian emigration team are:

  • Registered with the Australian government
  • Dual-qualified in Australian and British law
  • Experts in visa appeals and complex applications

Looking to book a consultation?

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