Character requirements are a fundamental part of every Australian visa application. The Migration Act requires visa applicants to be "of good character," and DHA uses police checks, statutory declarations, and intelligence databases to assess this. Understanding what the character test involves — and what happens if you have a criminal record — is essential.
What police checks do you need?
You need a police clearance certificate from:
- Your country of citizenship
- Every country you've lived in for 12 or more months in the last 10 years (including Australia)
For Australian police checks, you can apply through the Australian Federal Police (AFP) or an accredited body. For overseas police checks, each country has its own process — some are straightforward, others can take months.
The character test (Section 501)
A person does not pass the character test if they have:
A substantial criminal record
- Been sentenced to death
- Been sentenced to imprisonment for life
- Been sentenced to a term of imprisonment of 12 months or more
- Been acquitted of an offence on the grounds of unsoundness of mind, where the person had been charged with an offence against a law that could carry a sentence of imprisonment of 12 months or more
Other character concerns
Even without a substantial criminal record, you may fail the character test if:
- DHA reasonably suspects you have been or are involved in criminal conduct
- You have been a member of a group or organisation involved in criminal conduct
- Your past and present criminal or general conduct shows that you are not of good character
- There is a risk you would engage in criminal conduct, harass or intimidate people, vilify a segment of the community, or incite discord
What if you have a criminal record?
Having a criminal record does not automatically mean your visa will be refused. The key distinctions are:
Minor offences
Traffic fines, minor summary offences, spent convictions — these generally do not prevent you from meeting the character requirement, though they must still be disclosed. Failure to disclose even minor offences can be treated more seriously than the offence itself.
Serious offences (under 12 months)
Convictions resulting in imprisonment of less than 12 months are considered but don't automatically fail the character test. DHA will assess the nature of the offence, when it occurred, and your conduct since.
Substantial criminal record (12+ months)
If you've been sentenced to 12 months or more imprisonment (whether or not you served the full sentence), you have a "substantial criminal record" and automatically fail the character test. This doesn't mean the visa is automatically refused — DHA or the Minister may still exercise discretion — but it's a serious barrier.
Disclosing your criminal history
The most important rule: always disclose. DHA has access to Interpol databases, national criminal databases, and intelligence sharing agreements with many countries. Undisclosed offences that DHA discovers will almost certainly lead to visa refusal or cancellation — often on the grounds of providing false information rather than the offence itself.
If you have a criminal record, include:
- Court documents showing the charges, conviction, and sentence
- Character references demonstrating rehabilitation
- Evidence of community involvement, employment, and good conduct since the offence
- A personal statement explaining the circumstances and what you've learned
Police check processing times
- Australian Federal Police: 1-3 business days (online)
- UK (ACRO): 2-6 weeks
- USA (FBI): 3-5 months
- India: 3-8 weeks (varies by state)
- China: 3-6 months
- Philippines: 2-4 weeks
Police checks are valid for 12 months from the date of issue. If your visa application takes longer than 12 months to process, DHA may ask you to provide updated police checks.
Tips
- Start early — some countries take months to issue police clearances. Apply as early as possible.
- Disclose everything — honesty is always the safer strategy. DHA treats non-disclosure far more seriously than most offences.
- Seek advice for complex cases — if you have a criminal record and are unsure how it affects your visa eligibility, consult a registered migration agent before applying.
- Keep copies — you may need the same police checks for future visa applications.