Can I Get Australian Citizenship With A Criminal Record?

 Persons who are born in Australia automatically gain Australian Citizenship. But, those born elsewhere from the other country will need to meet certain obligations to secure Citizenship in Australia. One of the prerequisites is that you have to demonstrate your “good character”. This generally means, not having any criminal offences on your record.  If you do have any past criminal convictions, Australia immigration officials must review your file to decide whether or not you are of “good character”. A criminal record does not necessarily preclude you from obtaining Citizenship, but it can hinder you somewhat.  Here we discuss how to get Australian Citizenship with a criminal record. 

Previous Criminal Convictions

You must be honest about whether you have any criminal convictions, regardless of how long ago they were incurred. With an international network at its fingertips, the Australian Government will find out if you are lying, and while a minor offence will not stop you from getting a visa, lying to the Government will.

When seeking Australian Citizenship, applicants should inform the Department of Immigration that they have been found guilty in a court of law and the penalty that was imposed, be it a fine, a suspended sentence or a term in prison.

Some serious offences can affect Citizenship, such as:

  • If you have been imprisoned in Australia or proceedings are pending
  • If you are released from jail within two years after committing a serious offence
  • If you repeated the offence and served numerous prison sentences, with a total of two years or more
  • If you are imposed by an Australian court such as bound by parole requirements or good behaviour bond
  • If you are admitted into a psychiatric facility for a serious offence committed in Australia
  • If you have a substantial criminal record and are sentenced to life imprisonment for 12 months or more

Getting your case reviewed

If you have a substantial criminal record, immigration officials will refuse your Australian Citizenship Application. At this point, you may seek a review via the Administrative Appeals Tribunal. They look at your case and analyse the past, present and current behaviour and make the decision. 

Know that a criminal record does not protect you from becoming a citizen. But the purpose of your application should be relevant to an assessment. 

If you committed a criminal offence in the past, then the migration is extremely complex because of Australian law. If you are 18 years old and a permanent resident in Australia when applying, you are eligible for the Australian Citizenship Conferral. 

Get assistance from a professional

It’s a good idea to get advice from a professional agency. The experts will 

  • Assess your circumstances and will prepare a checklist to support your application
  • Check your supporting documents and assist you in making the required changes
  • Assist with the preparation for Australian immigration

Time required getting a visa if you have any criminal convictions

If a criminal history is involved, a Citizenship application typically takes between 3 and 12 months. Depending on the severity of your sentence, an Australian immigration officer will assign your application. 

If you want to know more details regarding your Australian Citizenship application, it is best to engage a migration agency like Work Visa Lawyers. Our experienced team will review your case and give you the best possible chance of achieving your dream of Australian Citizenship.


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