Travelling to Australia with a DUI: why the ETA is the wrong visa, and how the Visitor visa (600) works

MARN 1576536 · Checked against Home Affairs and the Migration Act on 8 November 2026

Why not the ETA or eVisitor

The ETA (subclass 601), used by US and Canadian passport holders among others, and the eVisitor (subclass 651), used by UK and European passport holders, are designed for quick automated grants. Both require the traveller to meet the character requirement, and Home Affairs gives the same instruction on both pages: if you have a criminal conviction in any country, apply for a Visitor visa (subclass 600) and provide evidence about it. For the eVisitor it adds that a person who arrives on one with a criminal conviction might be refused entry.

A DUI, DWI, OWI, impaired-driving or drink-driving matter that ended in a conviction is a criminal conviction for this purpose, even where the penalty was only a fine and a licence suspension. The questions in each application must be answered truthfully; an incorrect answer to get a quicker visa risks refusal or cancellation and, under public interest criterion 4020, a bar on further visas for a period.

Does a DUI fail the character test?

Section 501 of the Migration Act sets the character test. A person fails it automatically if they have a substantial criminal record, which includes a sentence of imprisonment of 12 months or more, or two or more sentences adding up to 12 months or more, whether or not served. A single DUI rarely comes near that. The test can also be failed on a person's past and present general conduct, so the officer looks at the whole record: how many offences, how recent, whether anyone was hurt, and whether sentences were completed. One older conviction, fully disclosed and documented, is a very different file from several recent ones.

US, Canada and UK records

• United States: DUI, DWI and OWI cases are mostly state court matters, so the record that matters is the court disposition from the county or state court. The police certificate Home Affairs may ask for is the FBI Identity History Summary.
• Canada: impaired driving is an offence under the Criminal Code. The certificate is a certified criminal record check from the RCMP, based on fingerprints.
• United Kingdom: drink-driving convictions are recorded on the Police National Computer, and the police certificate is issued by ACRO.

Records that have since been expunged, sealed, suspended or treated as spent at home raise a disclosure question of their own. The Australian application asks its own questions, and they should be answered as asked, completely and truthfully; the criminal record guide covers how those records are treated.

What to declare and attach

A 600 application with a DUI is decided on the evidence attached to it. A complete file usually has:

• the court record showing the charge, the plea or finding, the date and the sentence;
• evidence that the sentence was completed: fines paid, licence restored, probation, community work or any alcohol programme finished;
• a short, factual statement in your own words about what happened and what has changed since;
• the usual visitor evidence: purpose of the visit, itinerary, funds and ties at home;
• police certificates if Home Affairs asks for them, and Form 80 if requested.

Timing

A 600 with a conviction is assessed by an officer rather than an automated system, and police certificates can take weeks to obtain, so the application should go in well before the trip. Home Affairs advises not to make travel arrangements until a visa is granted. Applying through the ETA app first and being refused does not speed up the 600 and adds a refusal to the history that has to be explained.

If it is refused

A 600 refused outside Australia generally has no merits review, so the next step is usually a stronger new application that answers the reasons given, or, where the refusal is under section 501, the options set out in the section 501 guide. The visitor refusal guide explains how to read the decision.

Prepare the 600 before you book flights

A consultation reads your court record, sets out what the 600 application should contain, and plans the timing against your travel date.

Book a consultation — A$330 inc. GST, credited

In other currencies: A$330 is about US$225, €205 or £170; A$550 is about US$380, €340 or £285 (approximate, November 2026).

General information only, current at 8 November 2026; not advice on your own case. Department of Home Affairs: ETA (601), eVisitor (651) and Visitor (600) Tourist stream; Migration Act 1958 s 501. Every declaration must be complete and truthful. Outcomes depend on the Department’s assessment of each application; no registered migration agent can guarantee a result (Code of Conduct, Migration Agents Regulations). Keshab Chapagain, MARN 1576536.