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Important updates to our Australian emigration services
We have withdrawn our Australian emigration legal services as of April 2024 and are unable to assist with enquiries or advice about moving to Australia.
This information remains accessible to aid anyone wishing to make the move to Australia, however please note that this information was last updated in August 2023.
Emigrate to Australia is a London-based Australian emigration service who may be able to assist with any enquiries, however please note that we do not endorse any one provider's services. They can be contacted on 020 7427 5290.
If you are planning to emigrate to Australia from the UK, you may be wondering if you can do so with a criminal record. While it is more challenging to emigrate to Australia with a criminal record, it is possible, depending on the nature of the offence.
In this blog post, we will explore how a person from the UK with a criminal record can overcome this issue and obtain a visa to emigrate to Australia.
What offences may cause issues when emigrating?
The Australian immigration authorities assess each visa application on a case-by-case basis. They will consider the seriousness of the offence, how long ago it occurred, and whether the applicant poses a risk to the Australian community.
Some criminal offences are more serious than others and can cause significant problems when trying to emigrate to Australia. For example, offences involving violence, sexual assault, drug trafficking, and firearms can result in a refusal of the visa application.
Other offences, such as minor traffic violations or non-violent misdemeanours, may not be a significant barrier to entry.
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.
How to overcome a criminal record to emigrate to Australia.
If you have a criminal record and wish to emigrate to Australia, there are several steps you can take to improve your chances of success.
Firstly, obtain a copy of your criminal record certificate from the UK government before applying for a visa. This will give you an idea of what information the Australian immigration authorities will see when they assess your visa application.
When completing your visa application, you must provide a detailed explanation of the offence. Include information such as the date of the offence, the circumstances surrounding it, and any mitigating factors. The Australian immigration authorities will want to see that you have taken steps to rehabilitate. This may include completing a rehabilitation programme, undergoing counselling, or volunteering.
You should also provide character references from people who can vouch for your good character. These references should be from people who have known you for a long time and can attest to your rehabilitation.
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
What happens if I apply for an Australian visa with a criminal conviction?
As part of any permanent migration visa application and some temporary and provisional visa applications, there is a requirement to provide police clearance certificates for each country you have lived for 12 months or more in the last 10 years.
If you have any criminal convictions or charges, you must declare this to the Australian Government. You may fail the ‘character test’ and be notified that the Australian Government is considering refusing your visa in accordance with Section 501 of the Migration Act 1958 if your offence falls into any of the following categories below:
- You have a substantial criminal record
- Convicted of, had a charge proven for, or found guilty of a sexually based crime involving a child
- Convicted of escaping from immigration detention, or convicted for an offence that you committed while you were in immigration detention, during an escape from immigration detention
- Are or have been a member of a group or organization or had or have an association with a person, group, or organization that the Minister reasonably suspects of criminal conduct
- The Minister reasonably suspects that you’ve had involvement in people smuggling, people trafficking, genocide, a war crime, a crime against humanity, a crime involving torture or slavery, or a crime that is of serious international concern, whether or not you have a conviction of such an offence
- Your past and present criminal or general conduct shows that you’re not of good character
Concerned about a criminal conviction? Talk to us today.
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020 3007 5500
Emigrating with a criminal record.
If you have a criminal record and wish to emigrate to Australia, it is possible, but it will depend on the nature of the offence and the steps you take to overcome it. The Australian immigration authorities assess each application on a case-by-case basis, considering factors such as the seriousness of the offence, how long ago it occurred, and whether the applicant poses a risk to the Australian community.
Obtaining a copy of your criminal record, providing a detailed explanation of the offence, demonstrating rehabilitation, and providing character references are crucial steps to improve your chances of success. With the right approach, you may be able to overcome your criminal record and start a new life in Australia.
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