If you have a criminal record, it is important to declare it in your Australian visa application and provide details of the offense, including court documents and character references. The Department of Home Affairs will consider your application on a case-by-case basis, taking into account all relevant factors.
While a serious offense, such as violent crime or drug trafficking, may deem you ineligible for a visa, having a minor offense or single conviction may not necessarily prevent you from being granted a visa. However, it is important to note that the Department may also consider your criminal history when assessing your character and conduct, which are factors taken into account for most visa types. If you have a history of criminal behavior or conduct that may pose a risk to the Australian community, your visa application may be refused.
It is important to be honest and upfront about your criminal history in your visa application. Failure to disclose a criminal history can result in your visa being refused or cancelled, and may impact your ability to apply for future visas.
When assessing your application, the Department will consider a range of factors, including the nature and severity of the offense, the length of time since it occurred, and your overall character and conduct. The type of offense will also be taken into account, with offenses involving violence, sexual misconduct, or drug trafficking considered more serious than offenses such as traffic violations or minor theft. The length of time since the offense is also a factor, with more weight given to recent offenses. However, some offenses may have a permanent impact on your visa eligibility.
Your behavior since the offense may also be taken into account. If you have demonstrated good conduct and rehabilitation since the offense, this may be considered in your application assessment. This could include completing rehabilitation programs or community service, or having a strong employment or education history.