The events of your past don’t always stay in the past – especially when you apply for a work visa in Australia or another country.
Whether it’s a criminal record, misleading information or even an attention-grabbing social media post, past behaviour can be a red flag for immigration authorities reviewing visas and other immigration applications.
Nobody is immune to scrutiny. To share an example from a high profile individual, earlier this year, Prince Harry’s US visa made headlines when questions were raised by immigration authorities in the US about the drug use he confessed to in his memoirs.
Closer to home, a tourist visiting Australia faced visa scrutiny after posting a video of herself violating local wildlife rules by picking up a baby wombat. She left the country before Home Affairs had the chance to act, but there were suggestions her visa would be cancelled because of her on-camera violation.
While both these individuals avoided a worst-case scenario, these examples highlight the way immigration departments will take notice of past indiscretions and how it can affect a residential, tourist or work visa.
Personal history and visa applications in Australia
Establishing good character is part of Australia’s visa application process. This is assessed through background checks, which review evidence of criminal and civil offences, look into previous visa cancellations and examine other elements, including associations with people or groups of concern.
As it investigates a visa application, the Department of Home Affairs seeks to understand whether someone is likely to engage in criminal or civil misconduct or pose a risk to the Australian community. A criminal or civil offence – even for something relatively minor or from long ago – can trigger extra scrutiny, delay processing times or result in the application being denied. You should also report incidents even if no formal charge or fine was issued.
To demonstrate good character, visa applicants may be asked to:
- Provide a police certificate
- Complete a Form 80 to share personal particulars for character assessment (details including employment history, education and details including court appearances, etc.)
- Complete a Form 1563 – Statement of Character to declare past convictions or criminal activity
- Provide a military certificate and/or a Form 1399 – Declaration of Service
- Provide a letter of good conduct from an employer.
It pays to be honest
Anyone applying for a visa is expected to share accurate information at all times. Honesty is expected around past history and identity, and an application may be refused or a visa cancelled if there is evidence of inaccurate or misleading information.
Having a criminal record doesn’t necessarily rule someone out of being granted a visa to work in Australia, but it will complicate the process. A single offence might not be a significant issue, however multiple or serious civil offences could be considered when assessing your character, especially if they demonstrate a pattern of irresponsible behaviour or lack of regard for the law. If an offence was minor or a great deal of time has passed since the conviction, there may be an opportunity to move forward, especially if the applicant has the support of an experienced migration professional.
Are your applicants approval ready?
Visa requirements are complex in Australia. The last thing you want is to invest time and resources into an immigration process only for an application to be refused because of a past indiscretion.
At The Migration Agency (TMA), we help prevent this issue by reminding candidates early in the process how important it is to disclose their full history transparently. During our onboarding call, we ask applicants about their background and anything that may be revealed when the formal police check comes through. We can also support a candidate’s application by explaining which past activities may trigger further investigation and help them decide if it is worth moving forward with their application.
Seek expert help with visa applications
If you’re an Australian employer looking to build an international team, partnering with an expert provider who understands all areas of the visa-granting process in Australia will reduce the risk of hitting brick walls in the visa application process. Character issues can often be easily resolved, with the right support and advice provided. Book a consultation with one of our immigration specialists here.
