Do I Have to Disclose Old Criminal Convictions in My Visa Application?
When applying for Australian visa requires full and honest disclosure of all of your information, this includes full of your criminal history. This is also including past criminal convictions, from 10 or even 20 years ago. Failing to declare your past criminal convictions can lead to consequences, potentially affecting your chance to obtain an Australian visa.
Meet Character Test: What is it?
All visa applicants must satisfy the Character Test to ensure individuals entering or remaining in Australia are of good character and do not pose a risk to the community. Your criminal history, regardless of its age, directly relates to this assessment.
Why You Must Disclose Old Convictions?
Visa application forms have a section asking about criminal history. The applicant has to obliged to provide accurate and complete answers.
Failure to disclose a criminal conviction, even an old one, can be considered providing false or misleading information. This can trigger a visa refusal under Public Interest Criterion (PIC) 4020, leading to a potential 3 year and up to 10-year ban from applying for Australian visas.
What Constitutes a “Criminal Conviction”?
Generally, a criminal conviction includes any finding of guilt by a court, even if no penalty was imposed, or if the conviction was later spent or expunged in your home country. It also includes:
Sentences to imprisonment (including suspended sentences).
Community service orders.
Good behaviour bonds.
How Old Convictions Are Assessed?
When assessing your character, the Department will consider:
The type of severity of the offense.
How long ago the offense occurred.
The penalty imposed by the court.
Any evidence of rehabilitation or efforts to reform since the conviction.
Your current ties to Australia, including family, employment, and community involvement.
What Should You Do?
If you have any criminal history, seek expert advice by scheduling a consultation with an Accredited Specialist in Immigration Law, so they can assess any potential impact of your convictions on your visa application, and give tailored advice to your specific circumstances.
Declare all criminal convictions, charges, or ongoing investigations, no matter how old or minor they may seem.
Gather and prepare supporting evidence such as court documents, police clearances, and if applicable, evidence of rehabilitation, character references and more.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
Charged, Not Convicted: Does it Affect My Visa or Citizenship Application?
I’ve Had Drug Charges — Can I Still Get a Visa in Australia?
How Can Agape Henry Crux Help You?
It is not the end of your migration journey if you have criminal convictions on your record. At Agape Henry Crux, schedule a time with one of our Accredited Specialists in Immigration Law, - Jason Ling or Angela De Silva who specialises in handling highly complex matters. You can book a Migration Planning Session with our team by calling 02-8310-5230 or emailing us to book a time at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If these aren’t your language, we can also help you arrange an interpreter.
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.
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