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Australia has proven to be a popular destination for many migrants, especially from the United Kingdom. The hot climate, access to nature, and large urban hubs with new opportunities are attractive to many from the UK and many other parts of the world. As of 2022, over 1.1 million people born in Britain resided full time in Australia, and that number continues to grow.  This article explores how you might be able to migrate to Australia with a criminal conviction..

Finding the right Visa

However, achieving the “Australian Dream’ doesn’t come without its obstacles. Before even getting ready to move, one must apply for a visa, and there are over 100 types of Australian visas. Finding the best one for you is integral in this process.

Screening applicants for criminal records

Furthermore, applicants for Australian visas must pass extensive health and character tests. This includes questions and/or investigations about one’s criminal records, which can often be the deciding factor into who can become an Australian. For instance, Australia’s Department of Home Affairs website asserts that those with a “substantial criminal record” will not be permitted to receive a visa. Australia defines a “substantial criminal record” as “based on the length of a sentence imposed by a court of law.” The characterization of this term derives from the 1958 Migration act which intended to curb migration within the national interest. However, for Normal Migration purposes it is a custodial conviction over 12 months

Additionally, the Department of Home Affairs lists some specificities within the character test. Applicants may be refused from obtaining a visa if they have been convicted of sexually assaulting someone under the age of 18, of committing an offence in immigration detention, or, participating in a war crime or crime against humanity, among other offences. Depending on the severity of the offence, some applicants may be asked to submit police clearance from the country (or countries) of their residence.

Visa Application for minor convictions

Nevertheless, there is still some hope for those migrating to Australia with a criminal conviction. For instance, if your conviction is under 12 months, you may still be able to get an Australian visa. These convictions, considered minor offences, are less likely to disqualify applicants from gaining Australian visas. Australian law mandates that if an applicant has been convicted of an offense resulting in over 12 months of prison time, their application for a visa is referred to VACCU

Visa Application Character Consideration Unit

While Australia’s well-known appealing lifestyle has been attracting Britons for over a decade, the country deploys a has employed strict processes of admittance for migrants. The stringent character tests ensure that migrants meet the standards of their prospective new home. While convicted individuals may have a more difficult visa-acquisition process, there are still many possible avenues through which individuals with insubstantial criminal records can move to Australia.

What chances do I have with a criminal Conviction for Australian migration?

For those migrating to Australia with a criminal conviction, contact us for more information.  Emigrate to Australia is managed by Taylor Hampton Solicitors’ registered MARA agent Greg Veal.

Contact Greg at Taylor Hampton Solicitors on +44 207 427 5975

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