Character Requirement for Australian Visa

1. derland Consulting ONE CHARACTER REQUIREMENT FOR AUSTRALIAN VISA  

2. How Much Does Your Character Background Impact Your Visa Application? Do you know that your Australian visa application can be refused due to not meeting the character requirement? Yes, that’s how your character background can affect your visa application. Character requirement is one of the most fundamental requirements you must meet in applying for an Australian visa. The Australian Government is stringent when it comes to character background. If they find an Australian visa applicant with profound conviction, they will refuse the visa application directly.

3. 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:    1. While you were in immigration detention    2. During an escape from immigration detention    3. 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:    1. Engage in criminal conduct    2. Harass, molest, intimidate or stalk another person    3. Vilify a segment of the Australian community    4. Incite discord in the Australian community or a part of it    5. 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 Organisation - 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

4. 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.

5. 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.

6. Case Study: My Sponsor has Criminal Conviction. Do I Have a Chance to Get an Australian Visa? If the Department finds your sponsor has an issue with the character requirement, you may still have a chance to get your Australian visa application granted. However, the assessment process may become longer and more complex than usual, especially for the character assessment. It may be even more challenging when you or your sponsor do not declare the criminal convictions in the first place. How would the character requirement assessment on your sponsor make your application more complex? As mentioned before, the character requirement does not apply to the visa applicant only but also to the sponsor. It is important for the Department to assess your sponsor’s character background specifically for your safety as a prospective Australian temporary or permanent resident. The Australian Government will consider you as their prospective member of the Australian community. Based on their commitment to protecting the Australian community, they must make sure that nothing will risk your safety while you are in Australia. So, you and your sponsor need to truthfully declare your and your sponsor’s character background. If there is substantial criminal conviction found, the character requirement assessment on your Australian visa application may take longer than usual because the Department must consider all information and documents provided. The Department may also give you and your sponsor a chance to explain the circumstances further, such as presenting the reasons for the conviction or proving that you and your sponsor have grown into better persons or further testimonials from people around you and your sponsor. The Department will fairly weigh all the information, documents and circumstances surrounding you and your sponsor before deciding on your Australian visa application.

7. Best Thing to do: Get Professional Advice from a Registered Migration Agent HTTPS://ONEDERLAND.COM.AU/