Can felons go to Australia? While Australia has strict entry rules, having a felony on your record doesn’t mean you’re automatically barred.
Your criminal record, rehabilitation, and perceived risk to Australian society will all factor into the approval or denial of your visa request.
Can Felons Go To Australia? Here’s What You Need to Know
It’s certainly possible to go to Australia with a felony, but it all depends on the type of visa you’re trying to get and the specifics of your record.
Australia considers anyone sentenced to 12 months or longer (suspended sentences included) as having a substantial criminal record.
Having 2 or more shorter sentences adding up to 12 months or longer also counts as having a substantial criminal record.
Felons with a substantial criminal record won’t be able to apply for a standard Australian Electronic Travel Authority (ETA) or eVisitor visa and should apply for a full visa instead.
Please note that it’s the length of your sentence that matters not the actual time served.
Can Felons Get An eVisitor Visa or ETA?
Felons sentenced to less than 12 months in total (including suspended sentences under 12 months in total) can apply for an ETA or eVisitor visa, but there’s no guarantee you’ll be successful.
You’ll need to complete 2 sections dealing with your criminal record.
The application asks the following good character questions:
- Have you ever been charged with any offense that is currently awaiting legal action? If yes, please provide details of each charge.
- Have you ever been convicted of an offense in any country (including any conviction which is now removed from official records)? If yes, please provide details of each offense and the penalties imposed.
The visa declaration section asks you to certify that you:
- Don’t have a criminal record of 12 months jail time (served or not served).
- Have never been charged or convicted of a family or domestic violence offense or any similar related offense.
- Have never been the subject of a domestic or family violence order, or any other order, of a tribunal or court or other similar authority, for the personal protection of another person.
If you can’t certify the above, you’ll need to make a full visa application to allow an immigration officer to assess your criminal history.
Full Visa
Felons sentenced to 12 months or longer must always apply for a full visa. Those planning to go to Australia as a tourist or business traveler can apply for a Visitor visa (subclass 600). The application fee for this visa is AUD 195.
Other types of visas are available depending on the purpose of your trip.
Visa type list: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/
All visa applications include criminal history questions and your application will be denied if you fail the good character requirement.
Every case is different, but if you’ve got a serious criminal record that led to a prison sentence of 12 months or more, you’ll face extra scrutiny.
How Does The Character Test Work?
Australia’s immigration laws apply what’s known as a “character test” to anyone wanting a visa. This character test looks at your criminal history to determine whether you’re eligible to enter the country.
The character test is a way of excluding visitors who could be a threat to public safety. The more serious or recent the crime, the harder it is to pass the test.
A custodial sentence of 12 months or longer makes it tougher to get approved, but it’s not the only factor. Immigration officials also consider how long it’s been since the felony, evidence of rehabilitation, and whether it was a one-time mistake.
Does A DUI Felony Conviction Count?
Can a felon travel to Australia with a DUI conviction? If a DUI felony is your only conviction, you should be able to get an Australian visa, but you’ll need to apply for a full visa, you can’t use the ETA visa application app.
Can You Go To Australia With A Felony Sex Offense?
It depends on the offense. Australia does not allow sex offenders convicted of offenses against a child to enter the country. Other sex offenses are assessed on a case-by-case basis and serious sex offenses will most likely result in the denial of a visa.
What Criminal Convictions Should You Declare?
Australian visa applications require a full list of past convictions, including minor offenses, regardless of how long ago the crime(s) took place.
Failure to declare a criminal conviction, if discovered, will mean that your visa application will be denied.
If immigration authorities need more information, they will ask for documentation which can include:
- Police certificate
- Form 80 personal particulars for character assessment
- Statutory character declaration
- Military certificate (if applicable)
- Letter of good conduct from an employer
Will You Need An Interview?
Maybe. If there are questions about your record, the Australian authorities might ask for an interview. This isn’t a grilling meant to catch you out, it’s a chance to explain your situation.
This interview is your opportunity to provide evidence of rehabilitation and show how your life has changed since your conviction.
Can You Appeal If You’re Denied An Australian Visa?
If your visa gets denied because of your felony record, it’s not always the end of the line. Appealing a denial isn’t usually possible for most visa types, instead you’ll make a fresh visa application.
Before you reapply, review your refusal notice to find out why you were denied a visa, then determine if there’s any documentation about your rehabilitation or good character you can supply to overcome the issue.
You may need advice from an Australian immigration lawyer.
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