Visitors · Character
Visiting Australia with a Criminal Record
People with an old conviction are often surprised that a two-week holiday visa sits for months. The reason is simple: declaring any conviction takes the application out of the automatic grant process and into a manual character assessment, and a thin application waits longest. This page explains what happens, what to declare and attach, and how to time it.
By Keshab Chapagain, registered migration agent (MARN 1576536) since 2015 · WIDEN, Sydney · Reviewed October 2026
Keshab Chapagain · MARN 1576536 · Registered since 2015 - Declaring a conviction
- Moves the application to manual assessment
- Substantial criminal record
- Sentence(s) of 12 months or more
- Lodge before travel
- At least 3 months ahead
The migration agent that other migration agents learn from. WIDEN is an OMARA-approved CPD provider — our training is rated ★4.8 by 40+ registered migration agents.
About the CPD →MARN 1576536
Travelling soon with a conviction on record? Get the application presented properly.
In the consultation I read your record and your application (or your plan to lodge), tell you how the character test applies, and set out what to declare, what to attach and what to do about a pending application before your travel date.
What it costs. $330 inc. GST for 30 minutes by video with Keshab Chapagain (MARN 1576536), credited in full against our professional fee if you engage WIDEN. Advice confirmed in writing after the call. There is no free consultation or free assessment.
Why the application stalls
The eVisitor (subclass 651) and ETA (subclass 601) are designed for automatic grant. Answering "yes" to the character questions removes that: the application is referred for manual assessment against the character test in section 501 and Public Interest Criterion 4001. There is no published timeframe for that assessment. Applications with the court record, police certificate and a short statement attached are decided faster than ones where the officer has to ask.
What must be declared
Every charge and conviction, in any country, whether or not it is spent, expunged or shows on a current police certificate. The duty to disclose does not lapse with time, and non-disclosure is far more damaging than an old offence. A record that includes a sentence of 12 months or more (including suspended sentences) is a substantial criminal record; the decision-maker then has a discretion, which for a short, genuine visit with an old offence is commonly exercised in the applicant's favour when the file is complete. See criminal record and Australian visas.
What to attach
- A police certificate from each country where you have lived for 12 months or more in the last ten years (see police certificates).
- The court record or sentencing document for each offence.
- A short signed statement: what happened, when, the sentence, what has changed since, and the purpose and length of the visit.
- Evidence of the visit: return booking, the event (a wedding invitation, for example), who you are visiting.
- Evidence of life since: employment, family, references where useful.
Timing and a pending application
Lodge at least three months before travel, more for older or more serious records. If an application is already pending and has been referred, lodging a second visitor application does not speed the first and can complicate both; the better course is usually to add the missing documents to the pending application and, if the travel date is close, make a status enquiry with the date and reason.
If the trip is close
There is no expedite as of right. A documented reason (a wedding, a funeral, a medical event) can be put to the Department with the application. If a decision cannot come in time, the realistic choice is moving the trip; travelling without a granted visa is not possible.
General information only, current at October 2026; not advice on your own case. 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.
Not sure which visa fits you?
Answer three questions. An automated guide points you to the route that usually applies. General information only.
Check your case
Tell Keshab your situation. He reads it personally and replies within a business day with which route fits you and whether a consultation is worth your money. Not an assessment of your file, no advice on it, no obligation.
How this works: Keshab reads every case check himself and replies personally, usually within a business day: which route fits, what it turns on, and whether a consultation is worth your money. If it is, he offers you a time; if it is not, he says so.
Ready now? Skip the form. Pick a time and talk to Keshab directly — your documents on the table, a straight answer, and a written summary afterwards. $330 inc. GST, credited toward your fee if you engage.
Pick a time — no enquiry needed →Questions we get asked first
Why is my eVisitor taking so long?
Usually because a character question was answered yes, which refers it for manual assessment. Attaching the court record, police certificates and a statement is the best way to move it.
Do I have to declare a conviction from 20 years ago?
Yes. All charges and convictions must be declared regardless of age or whether they are spent in your country.
Will a minor conviction stop me visiting?
Rarely on its own, if declared and documented. Refusal is more likely where the record is serious or recent, or was not disclosed.
Should I lodge a second application if the first is stuck?
Generally no. It does not speed the first and can create inconsistencies. Strengthen the pending one instead.
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