What does Australia class as a Substantial Criminal Record?
A substantial criminal record is based on the length of a sentence imposed by a court of law.
You have a substantial criminal record for the purposes of the character test in the Migration Act if you have been:
- sentenced to death or imprisonment for life.
- sentenced to a term of imprisonment of 12 months or more.
- sentenced to two or more terms of imprisonment (even if served concurrently) where the total is 12 months or more.
- found by a court to not be fit to plead in relation to an offence but found to have committed the offence and detained in a facility or institution.
Two major points to consider:
- Even if you do not meet the character requirements, Home Affairs can choose to grant your visa.
- If you are not completely honest about your criminal history, we may refuse your application.
Sources:
immi.homeaffairs.gov.au/…/glossary#substantial-criminal-record
Immi.homeaffairs.gov.au/…/character
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