Served Your Criminal Sentence, Will My Future Visa Be Affected?
You had a criminal charge more than 10 years ago, and you have fulfilled all the requirements of the sentence. Now, you wish to apply for an Australian visa and to visit Australia. Even though you may be considered “crime-free”, any criminal charges that were on the record may still affect your Australian visa application.
The Character Test Criteria
The Department of Home Affairs (DoHA) uses the Character Test to assess whether the applicant meets the government’s standard and doesn’t pose any risk to public health and safety. Through this test, your visa can be refused or cancelled if you:
Have been sentenced to 12 months or more imprisonment (cumulative or single for a single offence)
Have committed serious offences such as drug trafficking, sexual charges or violent acts
You are considered a risk to the Australian community based on your criminal records or behaviours
This means that DoHA may still consider your offences even if they happened more than 10 years ago, especially if the offence(s) are considered serious or indicate a pattern of behaviour.
What can I do to prevent a Visa Refusal or Visa Cancellation?
It is difficult to prevent your visa from being refused or cancelled completely as it is up to the DoHA to decide, but there are a few ways to strengthen your case.
Be honest and transparent about Criminal History
It can be easy to lie and cover up your past mistakes. However, if DoHA discovers false and misleading information on your visa application, that can result in a visa refusal or cancellation due to PIC 4020.
Provide compelling and compassionate reason(s)
Although your criminal record cannot be removed, displaying compelling and compassionate reasons can improve your chances of a favourable decision. These may include:
You have not reoffended since the sentence and completed your sentences
Evidence of rehabilitation, such as treatment programs or courses
Contributions to the community
What if My visa is refused?
While old criminal records may carry less weight than recent ones, certain immigration risks remain the same:
If your offences are considered serious crimes, the application may be subject to a mandatory refusal under section 501 3(A).
Your visa application may require approval from specialised units within DoHA, such as the Visa Applicant Character Consideration Unit (VACCU), which delays the processing time.
Client Testimonials
….we call it Support Network
As navigating through the immigration law process may be difficult, our former clients have agreed to share their experiences through telephone chats, emails and meetings in person.
These are their stories…
How Can Agape Henry Crux Help You?
Speak with one of our Accredited Specialist Immigration Lawyers (s), our team of immigration lawyers and migration agents at Agape Henry Crux. The team can assist with your matter, as they are highly specialised in handling highly complex matters such as visa applications with criminal records from a long time ago. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
