Moving to Australia with criminal convictions

Hi, (not sure how old this question is) My partner did the honest thing and on the customs or entry declaration you fill in on the plane before arriving, he ticked the box 'yes' that asks if you have had any criminal convictions (his were for 20 years ago and relatively minor).

After that he was only granted a limited visa to enter and had to apply for a visa every time he wanted to visit. When we looked at moving over there I was advised by an immigration lawyer in Brisbane that he would not get permanent entry even after a lot of research.

I would advise you to check this out thoroughly before making any committments.

My husband had a minor criminal conviction - we wrote to the Australian Consultate in Auckland giving permission for them to investigate my husbands criminal record. They provided us a letter stating that

your convictions do not bring you within the definition of a 'behaviour concern non-citizen'", furthermore "You should be aware, however that this letter is no a guarantee of entry to Australia as the decsion to grand or refuse a Special Category visa is on that is made at the time of entry to Australia.

The woman at Immigration did give my husband a bit of a hard time when he arrived but still let us in. We have been in and out of Australia a few times since with no problem.

we are looking at moving to australia in the nex 10 months and are organising every thing now. we have been stopped in our tracks thanks to this website(which is a good thing) as my partner has some miner drug offences which date back over 15 years also about 4 yrs ago go charged and fined for comen assult which was family orentated. how would this affect his chances of perment residincy in australia as we were really looking forward to a new start in a new country

Just been looking up info about convictions and moving to Aussie. Try having a look at this link:

https://immi.homeaffairs.gov.au/entering-and-leaving-australia/entering-australia/can-i-go-to-australia

I have two drink driving convictions and was a bit worried myself. But depending on the severity of the conviction, you might be okay. Check it out anyway.

P.s. Awesome site guys, thinking of moving to Perth in Feb09 and have found this site to be invaluable.

All the websites say the SCV is recorded electronically and not in the passport - so how does it work when we come back to NZ for a holiday and go back again, do we say we're already living there or have to get another SCV (even though that's not a hassle) Also, how does an employer then know that you're not just a visitor or does it just not matter which Visa you have for a Kiwi citizen?? When you get to immigration with a card ticked that you're staying and not just visiting are there more & different questions?

I really need help! My partner was sentence for two years in jail for something he did when he just turned 18. This was 15 years ago. He never did the sentence, as it was his first offence. However he can not enter Australia without applying for a visa. I have done a lot of reading to get some ideas. Still we are stuck. We are thinking of applying for student visa and see how we go from there. Has anybody made it on Australian shores with a criminial conviction? If so...what did you do and how long does it take? I am now in Australia with our son and now waiting...if we knew before hand i would have not moved over. If his visa does go through before i receive an answer i will keep you posted.

Hi there - my partner was sent back to NZ as he had criminal convictions 10 years ago - I have remained here in Oz, we are trying to work out which visa he should apply for so let me know if you come up with one that gets him in - its pretty frustrating trying to work out which one he needs to apply for.

I have a drink driving conviction, a drug posessions (minor) conviction, a drug pariphanalia conviction and wilful damage convictions I just recently disclosed my criminal convictions to the Australian embassy for analysis before entry to Australia and two weeks later I received a letter form the embassy advising me I am eligible for the Special Categories Visa which is the same visa anyone else from NZ without convictions would get.

All I have to do is tick the box in Australia advising of convictions and show them my letter, easy!!

Ensure you do as I have done as I just recently read an article about the Australian government requesting NZ criminal records as recently several NZers have been deported due to criminal convictions they did not disclose upon arrival in OZ.

I recently when to Oz for a holiday i am 21 and have some a criminal record with some serious recent offences i wasn't sent to jail but not far off & managed to get in i sent the form in disclosing my convictions & also got the letter about getting a SVC but this was not confirming i would be allowed in but everything whent ok i was stopped at customs & spoken to for about 30mins.

we moved to Melbourne Nov 08 and my husband has convictions from 20years ago, he ticked the box on the plane saying he had convictions and they interviewed him and let him in, I think it depends on your convictions and it does make a difference if you have been in jail for longer than 2 years. (that was the information we were given).

I am looking at moving to Melbourne from NZ and also have a criminal conviction in regards to benefit fraud. No previous drug or drunk driving convictions. And im also paying the debt back to the Ministry of Social Development after spending 10months on home detention.

Would this conviction (the one and only i have) prevent me from living in Australia? I would say that I am of NO RISK to the country...Ive heard of people going over there with more convictions that are way over my head and managing to make it in and stay...How does this work?

I have sent away the consent to disclose forms and am waiting on a reply from the Australian Consulate General. But any addtional info would be muchly appreciated!!!! I dont wanna get a one way ticket and find out that I have limited time and need to return to NZ......

Hi there

I have a theft as a servant and 2x use of a document and I get in and out okay.

Now I am serving 3 months home detention for benefit fraud and I want to know will I get in - we are looking at moving to Melbourne in a year

Hi there, anyone wanting to travel to Australia with criminal convictions must contact the AU embassy in Auckland first before travelling to Australia. Depending on the nature of the conviction and the period of time the offence was comitted, they will determine what Visa is required. They take it on a case by case basis.

I have a drink-driving and recently unwillful damage conviction. I Get in all the time (been in and out about 20 times in the last 2 years). The only embarrasement/annoyance is being stopped by customs.

Just make sure you tick Australian resident when your coming in ;)

hi i have agg robbery and theft of stolen car conviction 15 years ago i was a rebel at 18, i have been to australia on holiday.. i still dont know if i can live there? have to apply and get the answer! great place to live tho

Hi can anyone help me. My brother in law moved to australia about 7 years ago while living there he commited an offence and was sentenced to jail for 18 months. Him and his wife have now split up and he has moved back here for awhile but wants to go back to OZ to try and see his kids and get himself settled again. None of us are sure whether he is allowed back or whether he needs a visa to get there or whether he can live there again.

Can anyone help us???

can i move australia with cannabis convictions

Hi, i am finding this website very helpful, i am a kiwi and thinking of moving to melbourne soon, i have a minor personal use charge of cannibis and lsd and was wondering how i would go about moving there? who do i need to contact? is there any point or will they just say no? i have also lived in aussie b4 for 2 years b4 being convicted in nz almost 2 years ago, any advice would be much appriciated, thanks

Actually the privacy act in new zealand prevents the police from giving out any information of peoples police records. i think there may be exceptions for certain types of criminals(sex offenders axe murderers etc) but for most part they have to be given permission to release the crimial record details by the individual whose record it is.

I think if you don't reveal your convictions it is highly unlikely they would find out unless you look like a criminal with jailhouse tats and so on. I think problems would occur if you wish to apply for residency or citizenship but if you just want to work in Aussie then I think they are relying on your honesty to disclose your convictions to them.

However if on your entry visa you answer no to criminal convictions and then later on are found to have convictions - then you could be in some pretty hot water.

Hey this may help out some of you wondering if you can get into aussie with a criminal conviction.

Any one whos concerned that they may get sent back home should first of all fill out the forms you’ll need to fill in a “Consent to Disclosure of Convictions” form. You can get one from the Australian Consulate General, Level 7, 132-138 Quay St, Auckland.(Or online and print it off) If you’ve got any convictions at all you should fill in one of these.

If you’ve ever been sentenced to 12 or more months of imprisonment, or a suspended sentence of 12 months or more, even if you didn’t serve the term, you must fill one in. Your record will be sent from the police, and the Consulate General will look at when you were convicted and how serious the offence was and decide whether to give you a visa. They’ll send you a letter to tell you what they’ve decided and what to do next. If you don’t need a visa, you will get the normal ‘special category’ stamp in your passport when you get there. Otherwise they might tell you to fill in an application form, and if your application’s successful you’ll then get a stamp in your passport before you travel.

This took about 2 weeks to turn up. ive got 3 convitcions from theft of motor vechicle and canabis charges etc.. from approx 8 years ago . the letter back ive received has suggested i should be ok to enter on the normal visa that every N.Z citizen can get at entry to Aussie.. hope this helps answer some of the above questions :)

I think if you havent done actual time in jail you should be fine..

My husband and I are wanting to move to Oz next year but can't find the right visa for him as he has criminal convictions. Where do i go?

Hi, I am going to sponsor my partner for permanent resident of Australia but her brother is suspected of a criminal charge and is still pending, which is have not been charged yet. May I know if this will affect her application to migrate to Australia. Please help anyone!!! Thanks a lot.

Hi, This website has been very helpful but still want some extra advice if anyone can help... We are hoping to move to Oz by the end of the year via a sponsored employment visa (if we are lucky enough) but my partner has been on electronic tag (home curfew) and charged with ABH due to being in the wrong place at the wrong time and is getting it removed next week. Will this cause a problem in getting the visa? He has a good job and would be able to get some good character references from employers etc. Any help would be great, thanks.

Hi there, My partner and I have just got back from aus to a job interiew, we both have convictions mine is dangerous driving x2 and my partners is DICx1 these were both 5 years plus ago but we still had to tick the box to say we had convictions, we got pulled to the side in customs and the guy asked us what we had done etc, he then checked it on the computer to chek all ok and were sent into australia. We are now moving over in 3 weeks and need to check the all ok for convictions, reading the above form we should be fine as neither of us have been sent to jail, we are going to fill out the form

http://www.australia.org.nz/files/wltn/CONSENT%20TO%20DISCLOSURE%20OF%20INFORMATION.pdf

it does take 3 weeks to get back but we are going to fax it so hopfully we hear back in time, we have done re-search and by the looks of things we should be fine!! gud luck to everyone out ther!

hi I have convictions for possession of class A B and C drugs and two common assaults one with a weapon, I have travelled to Oz many times over the years and have always ticked the box yes for convictions they always pull me to the side for a few questions then let me go..I am currently flyng in and out every three to four weeks as my family still in nz we looking to move them over in the new year..they leave the discretion of entry to the immigration officer upon arrival..so be clean cut and polite and honest and you should be fine, the way the law see criminals is like this, possession means I am/was a threat to myself, assault i was a threat to someone in the past, but supply is a threat to the community which they take seriously, so if any of your convictions are for supply or you have done time in jail and you want to live and work in oz or visit my advice is to write the letter, go through the proper channels because it wont look good for you when they cach up with u later and it would be a shame to spoil a great new opportunity and fresh start by trying to be shifty and telling lies, good luck its well worth it when you get it so keep at it.

Hi i was wondering if anyone could advise me? I am looking at moving to aussie i have about 6 common assualt charges last one was 2007 i have a few like 3 or 4 disorderly behavour charges which are really old and i have a drink driving charge which is 3 years old should i apply here for a scv before i go or should i just go and tick the box yes? and see what happens that side i am starting a really big business over there that will be employing 7 aussies from get go would this help at all if i have this proof i am not sure of what to do i havent been there in years since i have had my convvictions. any help would be great thanks

My partner is looking at working in the mines in WA. We are looking at myself and our children remaining in NZ and him flying in and flying home on his down week. He has got a stack of convictions from 12 yrs ago for theft related charges and served 4yrs in prison. He also has common assault charges from 2008 and served 4 months prison. I know its a messy history but he hasn't committed an offence since and is an excellent worker whose boss would be more than happy to provide a reference for him. What would the chances be for him to be able to fly into australia to work and then fly home to nz again?

I wish i had made this decison a long time ago... New Zealand is no longer for me, as i have theft charges and can not find work! I want to better myself and give myself a better future, so ive decided to make the move.. I have sent my form in to the consulate and now waiting for the outcome, im soooo nervous!!! I hope i get the ok!! Good luck to everyone out there who is trying to better themselves :-)

Can someone please tell me what visa to apply for. I want to move to oz, but have been in prison for 6 months 20 years ago for assault.

My husband & I moved to Brisbane 2008 . My husband FIFO to Western Aus Mines. My husband been out of trouble 25yrs. Over 4yrs we travel oz - nz 2/3 times yr. June 2011 we flew back brisbane. My husband was denied entry into brisbane. Our life was turned around in a second.

We have loans etc in oz. They had no compassion and sent my husband back. I stayed 4months tried to get him back Oz we ran out of money. At this time my husband in depression no interest in work and we are in debt in oz and struggling in nz.

Its caused one mighty mess. I was told i can get him back but will cost approx $6000.00. He has excellent ref's from work. Aus Immigration power buzz - no compassion we paid our way over there. Nz we on sickness benefit NZ tax payers keeping us never had bad credit before, our name shit oz & nz now.

Love to hear from anyone how to get my husband back at cheaper cost. Most appreciated.

wanting to move to brisbane to be with kids and grandkids who live and work there, thought it would be a piece of cake, however not so. partner was sentenced to 12 months jail in 1981, has been in no trouble since, so filled out disclosure form, only to receive email to say he needs to apply for a visa, which one they dont say. made numerous phone calls to embassy where i was told he could go on the scv, this was even confirmed in brisbane when my daughter enquired there, so contacted person who sent email to enquire as to which visa applies, to be told to look on website to see which visa if any he can get to live in oz, but if he had an ozzie spouse that would help. so at this point looks as though he can only go on holiday. will update as i find things out, in case it helps someone.

hi i am a 25 year old male who has been living in NZ for approximately 17 years. i was born in Australia but moved here when i was young. I travel using an Australian passport but since moving to NZ i have received criminal convictions. The most recent one being in 2011. I have never been to jail and im wanting to know if cannabis and/or firearm charges will stop me from entering Australia?? i would appreciate feedback as soon as possible before making a decision to move to Australia.

My partner and I were convicted of possession for supply of cannabis in 2007 - and to add a few drink driving convictions as well. We completed the Consent to disclosure of convictions form (obtained from the Australian Immigration website) and the response they we got back was that we SHOULD be eligible for the grant of Special Category Visa, however it states that "You should be aware, however that this letter is not a guarantee of entry to Australia, as the decision to grant or refuse a SCV is one that is made at the time of each entry to Australia". We have both travelled twice to Oz visiting family in the past 4 years and we got held up at customs for a while (luckily we didn't miss our flight to WA from Sydney) and got our passports stamped so hope this clarifies for all those seeking answers - Our conviction was a serious one but we didn't receive any prison sentences I think that if you've been sentenced to prison for more than 12 months OR have numerous serious convictions then it would be a problem but my advice would be to complete the Consent to disclosure of convictions form to clarify your entry into Australia.

Hey,Iam a 19year old male.. Nz citizen.. I have spent 8 months in remand person. I have 2 convictions of burglary,1 threatens to assault.. And 3 use obtain document.. Please let me know what I need to do or how bad it looks for me. Kind regards

I am 23 have around 20 convictions always been able to have a SCV just rocked up had a talk for 5-10 Minutes with the person at customs I have been sentenced to PD CD and HD and never really a issue I think if you go there acting like a dickhead or trouble maker they will have issues with you

This post has been so helpful for me, my partner moved to oz 2 months ago to work, I've stayed behind with the kids and will be following in the next few weeks however I have a conviction of posession of cannabis, and posession of A class utensils this was about 5 years ago and I regret it so badly I'm going to be soda at myself if I'm refused. I sent away my disclosure do you think I'll be okay?

Hello,

simple question, i have a string of minor convictions 15 years old and latest being around almost 17 months ago. Should i just shoot over, tick yes on the passenger form and i guess talk to officials there, or fill in disclosure form and wait. Answers on this forum seem to support both.

What im asking is it wise to follow same lead as kiwiguy 23?

please reply

thanks

Hi everyone,

I have criminal convictions that are of a serious violent nature from 13yrs ago. I served 6yrs in jail for my foolishness, however I needed to fly to Australia to attend my Fathers funeral 2years ago; which I was granted entry.

I had to apply for the Special Category Visa and was not optimistic about my Visa being granted.

Good news though I went through the right channels, applying first to the Australian Consulate General's Office in Auckland and later submitted a number of references, disclosures on my behalf to aid my case and even had spoke to Australian Immigration office in Melbourne. Lucky for me my hard work paid off in this case.

Despite what you read online if you follow the correct processes you will always have a chance to gain entry into Australia.

For people with convictions if you gain entry into Oz show that you can do the thing and go in and out without any problems. If you do so it definitely helps your case to gain permanent entry. I was told by Australian Immigration that I could apply to live in Australia now and would just need to demonstrate that I am in good standing and of good character and my application would be seriously considered despite my criminal History. I proved to them that my past is definitely in my past. We are not all defined by the mistakes we made as some of us genuinely turn our lives around. If you have the right support you can demonstrate that to anyone.

Their laws are only their to protect the interest of the Australian public and although it can seem a daunting task follow through the processes and you have a good shot of gaining entry if you can prove that you are of good character and won't be a threat or a problem to the Australian public.

Those that have more serious offenses it better to use Visa agents as they have huge experience and can appoint a lawyer if need be to fight you case on your behalf. This is however costly but at the end of the day will be worth it.

Hope my post is helpful.

I made plans earlier this year to move to Australia. Since then I have faced my first ever conviction for drink driving. I have paid my fines. Is this likely to effect me being granted the SCV? I am moving at the end of this month.

I have history of sexual offence never been to prison got suspended sentence can I get visa to australia if my partner sponsoring to me and I have three kids there all are minor can any one can help me if I can move there permanetly thanks

I have a drink driving conviction where I was disqualify for three months but then I drove while disqualified then I got my car empondounded for 28 days then another three months was added to disqualification but no jail time , my other conviction was in 2001 for using a document for pecuniary advantage and I had to do a 200hours periodic dentention. What sort of visa should I seek ? Would like to go for a visit at first then later seek employment. Please help !!!

I have a 11-year-old manslaughter charge of a child. I want to move to Melbourne. I've been clean since. Can I get in to Australia to live?

I'm a mother of 5 children and is wanting to fly to Auz for a visit next year cause all my family is there. But I have criminal convictions, 3 drink driving charges that happened years ago, just recently 1 common assault charge and intent to injury but that was cause I was foolish and very drunk, and really was at the wrong place at the wrong time. Wanting to check out Auz and see if its meant to be for me and my children, start fresh and make a better life for me and my children. I've never done prison time for any of my convictions. What should I do? I don't want to plan everything and then be stopped and sent back. Any advice will be much appreciated.

Thanks.

I was wondering if I had a manslaughter charge and was sentenced 2 years but served 1 year over 24 years ago. Will I still need to declare it and will I get in to Australia?

Im traveling to Australia next month. Im applying for a work and holiday visa. The only offence i have on my record is from earlier this year. It is a public intoxication charge i plead guilty for. I spent the night in jail. I was officially sentenced to 1 day in jail and Some fines. It was a misdemeanor.

Should this be an issue?

hi my mate wants to move over to make a better life for himself and has been to jail for 6months for supply of cannabis and he had another small conviction which he got diversion for wen he was 16 will he get into Auz or is it possible for him to move here?

Hi I was looking into emigration to Australia I am 32 never had any trouble with the law but ten years ago my partner was in a car accident where a man died. She was sentenced for careless driving and served two years in prison. We have 3 young children and are looking for a better life, but before we start the process of a visa was just wondering if any point or will it be a waste of money?

I was deported from Australia in 2005. How do I get a visa so I can go back there?

Hi all (especially jahstice, jake, needadvice, jimmy and sean)

My name is Kim Vinnell and I'm a reporter for Mediaworks. I'm doing a series of stories at the moment profiling cases where people are not sure whether they're allowed to go to Australia, even though their convictions were long, long ago. I'd love to speak to you off the record, anonymously if possible. Please email me on : kimvinnell@mediaworks.co.nz and I may be able to help put you too. Thanks in advance.

Kim Vinnell

Can I move and work in Australia With a felony drug sales conviction I was sentenced to 2 yrs The charges are 4 yrs old

5 years ago I was convicted to 5 years in prison for GBH and I did the full 5 years sentence and I was convicted at 17 years old. I have not been into any trouble since I have been working the last 4 years and had a child and moved on from the passed life.. will I be able to go for holiday in Australia or do I need to apply for a visa.. who do I contact to find out.. google is no help keep going round and round circles. or do I tick the no conviction box like I have been told to do?

hi, i am applying for a bridging visa and planning to apply for PR or a permanent job as a nurse in Australia. my wife whom i have been separated (not legally) have found out about this and she filed a case against me (economic,emotional/psychological abuse). i am worried that i won't be able to work in Australia. please advice what are my chances.

Hi, my spouse and I are planning to get a student visa/ dependent visa this year. But he had a criminal record and was jailed for 5 years for robbery and housebreaking case. Was released last year and we are hoping to get the visas to aust. When we checked online for our statues, we were having the same spent record. Thus wondering if the immigration side will be able to check or find out?

Help please My partner and I are thinking of moving to melborne ....I'm a little worried as I have convictions my last conviction was in 2012 which was benefit fraud I have a mix of convictions like posession of utensils and a class and using a document for pecunia( I think that's how you spell it) so I'm a bit worried I can't get in to the country can someone tell me what I need to do please as I know my partner really wants to go and I don't want to be the reason we can't

I have a partner who lives in Australia and we can wanting me to be able to move here permanently and get married however i was convicted of two counts of sales/distribution and sentenced to 5 years 18 years ago I have been done with it for years now with not getting in any more trouble.... What protocol should I follow in to making this event happen smoothly.... Please help... Thank you

Hi Team, ive been applying for work in Brisbane Australia but have two driving under the influence (DUI) of alcohol convictions for 2012 and 2015 (just over the limit on both occasions)? I have already traveled to Auzzy since then for a week holiday in Nov this year. Does this mean that my chances of getting a special category visa is ok?...Is there anyone out there or someone you know who is now living in Auzzy with similar or worse conditions and still made it through with SCV?

Just read posts from Mojo and Kiritopa...really stoked and confident that i'll be ok now. Cheers everyone!!

I have a few young adult convictions for stupid stuff and a rather large one for which I got 18 months. (served 3 weeks on remand and 5 weeks on sentencing) .

If you have a 12 month or more custodial sentence you have to apply for a SVC. there were reasons of family issues for my offending and the big one was I hospitalised my father.

I did this as a 34yo. I'm 52 now. For the last 5 years I have been granted a SVC. It was hard and stressful for me because of the subject matter regarding my offending, But I was allowed into Australia from New Zealand. The system seems to punish honest people and dishonest people ( liers and ppl not been caught) get away with things. I persevered and was rewarded. I got to see my family. It was nice. I don't break the law even tho there areca lot of laws that are down right stupid. I have yet to apply for my next visa.

The SCV (special catorgy visa) for me limits me as a tourist for up to 3 months. I cannot work or live there in Australia.my visa lasts 12 months. So with enough money I could go there for 89 days and come home, fly out a couple of days later and stay for 89 days etc.

I don't do this because I own a home and have a job here. It's a hard one for people with convictions.

Good luck to you.

I think it would be the same, at the end of the day you couuld just say you were going on a holiday and not go home. I believe the reason they like you to say is for statistic purposes

can ne1 actually tell me if there are any restrictions.i have got alot on my criminal record and have been to jail for 2weeks but i would like to know what it would take for me to get in there and if i can

Any one can get into Australia the country is run by fools. The USA and Canada both stop people from Australia who have DUI driving convictions so why does Australia allow USA & Canadians into Australia with the same convictions and reading all the above remarks it seems that Australia should close the door on Kiwis who have done jail or been convected of any crimes we have enougth crims of our own.We dont want all NZs jails emptyed put into Australia.

My partner (with drink driving offenses which lead to imprisonment of more than 12 months)thought he would do the right thing and apply for written consent from the Department of Immigration and Citizenship before flying to Aussie. He was classed as "behaviour concern non-citizen", so now we are going through all the rigmaroll of applying for a damn visitor visa which means filling in yet another form, collecting references and proof of work, copies of birth cert, passports, letters from relations in Aussie to back up his reason for visiting, proof they have accomodation for us...etc plus they want you to pay 150.00nzd for the visa application even if its declined!..(they better not decline after all this!)....I am guessing we will have to carry out the above visa tasks + pay application fee every time we go visit australia.....so much hassle being honest, I reckon just tick no to criminal record and take the risk!