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The Australian government takes the issue of criminal records extremely seriously. Every Australian visa application therefore includes a question about existing criminal records or ongoing investigations – even for simple holiday and tourist visas. A criminal record can therefore not only be a problem for those who want to emigrate to Australia and live there, it can also complicate the possibility of a holiday or work and travel.
Why are questions asked about previous convictions?
Both in the visa application and again when entering Australia when filling out the Incoming Passenger Card, you have to answer questions about previous convictions.
In order to obtain a visa for Australia, you must pass the so-called “character test.” This character test is used by the Australian government to assess risk: Can someone be allowed to enter Australia without hesitation, or is there reason to suspect that this person might not comply with applicable regulations and laws?
The protection of the Australian population is paramount, which is why the rules for this character test are very strict and applications with criminal records are examined very thoroughly. Whether a visa is actually granted is at the discretion of the Australian authorities. If there are doubts about the character of an applicant, a visa application may be rejected on this basis.
In order to obtain a visa for Australia, you must pass the so-called 'character test.
Is it possible to obtain a visa if you have a criminal record?
Existing criminal records usually result in an application for an Australian visa being examined much more thoroughly, additional documents usually having to be submitted, and the processing of the visa application taking longer overall.
However, a criminal record does not automatically mean the end of an Australian visa. The Australian authorities simply go into much more detail in the application process and deal with each individual case on a case-by-case basis. The case workers at the Department of Home Affairs have to consider various aspects during the review and individually examine a number of criteria for the specific case at hand. Only then can they make a decision and approve or reject a visa application.
A variety of factors are taken into account in the decision-making process. For example, the type of criminal record plays a decisive role. However, the severity of the sentence and the judge’s reasoning, the circumstances that led to the underlying incidents, the number of offenses, and how long ago they occurred are also important aspects that can have a decisive influence on the decision for or against the approval of an Australian visa.
One-time offenses and minor juvenile offenses involving community service are often not an obstacle to obtaining a visa. However, repeated offenses or violations can be problematic. Longer prison sentences, regardless of whether they were actually served or suspended on probation, can also be a problem and result in you not getting an Australian visa. In addition, the length of time since certain offenses were committed is also taken into account in the decision and has an impact on the chances of success of an application.
What information must be provided in the visa application?
Die Vorstrafenfragen im Visumantrag sind recht breit und offen formuliert: Hat man Vorstrafen, stand man schon einmal unter Anklage, läuft derzeit ein Ermittlungsverfahren?
Es geht also nicht allein darum, ob es aktuell Einträge im Führungszeugnis gibt. Die Fragen gehen deutlich weiter. Erforderlich sind auch Angaben zu Vergehen, die nach deutschem recht gar nicht in ein polizeiliches Führungszeugnis eingetragen werden, Angaben zu bereits gelöschten Einträgen sowie zu laufenden Verfahren.
Muss man eine der Vorstrafen-Fragen mit Ja beantworten, werden in der Regel ergänzende Informationen gefordert. Dies beinhaltet zum einen genaue Angaben zum Sachverhalt, aber auch persönliche Stellungnahmen sowie ergänzende Belege und Nachweise.
What if you simply do not disclose previous convictions in your visa application?
Incorrect or misleading information in a visa application can be grounds for visa refusal. Incorrect information in previous visa applications or on other entry documents (e.g., the Incoming Passenger Card when entering Australia) may also be taken into account.
If previous convictions are not disclosed and this comes to light in a subsequent visa application, for example because the authorities request a police clearance certificate, this can not only lead to the visa application being rejected, but also to waiting periods of several years.
Australia can obtain information from the Federal Central Register via Section 57 BZRG and thus view the information available there about a person. It cannot therefore be completely ruled out that register information will be requested.
Is it even worth applying for a visa for Australia if you have a criminal record?
A criminal record does not automatically mean that you will be denied an Australian visa. It always depends on the individual case.
Minor offenses do not necessarily stand in the way of a successful visa application. In such cases, it is often sufficient to describe the facts and background of the offense in a detailed personal statement. However, if more serious offenses or even prison sentences are involved, a number of factors must be taken into account when assessing the chances of success. It is not only the type of offense and the duration or severity of the sentence that play a role. Other factors such as the judge’s reasoning for the verdict, your own admission of guilt, or rehabilitation measures taken can also play a decisive role in improving your chances of obtaining a visa.
In the case of previous convictions, it is therefore important to obtain a professional assessment of the chances of success. This allows you to determine whether the visa application process is promising and what strategy to use when preparing the application.