How Much Does Your Character Background Impact Your Visa Application?

Character Requirement for Australian Visa

The character requirement for Australian visa and citizenship applications is regulated under section 501 of the Migration Act 1958. According to the information provided on the Department of Home Affairs official website, In general, you are assessed not to meet the character requirement, if you:

• Have a substantial criminal record (evaluated based on the length of a sentence imposed by a court of law)
• Have been convicted of escaping from immigration detention or convicted for an offence that you committed:
  • While you were in immigration detention
  • During an escape from immigration detention
  • After an escape, but before you were taken into immigration detention again
• You are or have been a member of a group or organization, or had or have an association with a person, group or organization that the Minister reasonably suspects of being involved in criminal conduct
• The Minister reasonably suspects that you have been involved in people smuggling, people trafficking, genocide, a war crime, a crime against humanity, a crime involving torture or slavery, or a crime that is of serious international concern, whether or not you have been convicted of such as offence
• Your past and present criminal or general conduct shows that you are not of good character
• There is a risk that while you are in Australia, you would:
  • Engage in criminal conduct
  • Harass, molest, intimidate or stalk another person
  • Vilify a segment of the Australian community
  • Incite discord in the Australian community or a part of it
  • Be a danger to the Australian community or a part of it
• You have been convicted, found guilty or had a charge proven for one or more sexually-based offences involving a child
• You are subject to an adverse security assessment by the Australian Security Intelligence Organization
• You are subject to an Interpol notice, from which it is reasonable to infer that you are a direct or indirect risk to the Australian community or a segment of the Australian community
• You are or have been convicted of a domestic violence offence or have ever been subject to a domestic violence order

What to do If You Have a Criminal Conviction

If you have criminal convictions, the best thing to do is declare them and let the Department know about your convictions. It may sound like you are putting yourself at a disadvantage, but in fact, it will be better if you truthfully tell the Department about your character background instead of giving false information and trying to hide your convictions.

In assessing an Australian visa application, the Department will consider all the circumstances, including your and your sponsor’s circumstances. If you give false information in your Australian visa application, the Department may refuse your visa application right away.

Character Requirement and Australian Visa Refusal and Cancellation

As mentioned above, the Department of Home Affairs may refuse your Australian visa application if you do not meet the character requirement or when you give false information on your application. Not only refusing your visa application, but the Department may also cancel your Australian visa. There are various aspects to be considered in assessing your character background:

• The protection of the Australian community
• The best interests of any children in Australia
• Australia’s international legal responsibilities
• The impact of visa refusal or cancellation on your family in Australia
• Any implications for Australian business and community interests

And once the Department cancels your visa, they may not be able to grant you any other type of Australian visa.

The other important thing you must note is the character requirement does not apply to the Australian visa applicant only but also to the sponsor. If you are applying for an Australian visa that requires sponsorship, such as a Partner Visa, the Department of Home Affairs will assess your sponsor’s character background. So, the assessment of your sponsor will affect your Australian visa application as well.

Case Study: My Sponsor has Criminal Conviction. Do I Have a Chance to Get an Australian Visa?for more info : https://onederland.com.au/character-requirement-for-australian-visa-things-you-must-know/

The Preferred Migration Agent in Perth by Assisting people to obtain the right Australian Visa legally and lawfully.