Can You Get Permanent Residency In Australia With a Criminal Record? Get Information From Migration Agent In Sydney

Can You Get Permanent Residency In Australia With a Criminal Record? Get Information From Migration Agent In Sydney

People who are born elsewhere securing citizenship will mean you must meet certain obligations but People who are born in Australia automatically gain citizenship. " Good character " is One of the main prerequisites that an individual must demonstrate.You must pass the good character test,To apply for a permanent residency visa in Australia.If the applicant does not satisfy DoHA that they pass the character test, The Department of Home Affairs (DoHA) has the discretionary power to refuse and cancel a visa.  

What is the Character test?

The purpose of the character test is to protect the Australian community by non-citizens the risk of harm posed by criminal activity or other serious conduct,  to maintain the integrity and public confidence in the character framework, in line with community and government expectations. Migration Act 1958 It sets out in section 501.  To be able to apply for permanent residency in Australia You must pass the character test.
What is 'good character'?  'Good character Outlined in official Australian Citizenship guidelines refers to the enduring moral qualities of a person and other commitments made through the pledge should they be approved for citizenship and is an indication whether an applicant will obey the laws of Australia.

How does DoHA check your character ?

DoHA has a variety of avenues or methods of inquiry to check whether the applicant passes or fails the character test.Some of the potential checks by the DoHA conducted are:   

  • Police certificates from Australia and foreign countries.
  • System checks with other government agencies.
  • Self-declaration on character issues on visa application forms.
  • Prisoner list provided by corrective services agencies.

It is important that with DoHA you are honest in your dealings. DoHA has the power to refuse or cancel your visa application, If it is found that you did not disclose a criminal record. It is also crucial in your applications to ensure consistency. For example,you declared that you did not have a criminal record, in your temporary visa application. You then apply for a permanent residency visa and to provide police certificates asked by DoHA for every country you have lived in for at least 12 months in the past ten years. it is revealed that you have a criminal record on the police check. This would jeopardize your permanent residency application. In this article we - IME Advisor - migration Agent in Sydney have provided information regarding your chances to get permanent residency with criminal records.for more information contact us.

Failure to meet the requirements:

You may not meet the character test requirement if :  

1. You have a substantial criminal record of 

  • sentenced to a term of imprisonment of 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
  • sentenced to death or imprisonment for life
  • sentenced to two or more terms of imprisonment (even if served concurrently) where the total is 12 months or more

2.You have been convicted for an offence that you committed or convicted of escaping from immigration detention:

  • during an escape from immigration detention
  • after an escape, but before you were taken into immigration detention again
  • while you were in immigration detention

3. You are or have been a member of a group or organisation, or had or have an association with a person, group or organisation -The Minister reasonably suspects of being involved in criminal conduct 

4. The Minister reasonably suspects that you have been involved whether or not you have been convicted of an offence such as in people trafficking, a war crime, people smuggling, genocide, a crime involving torture or slavery, a crime against humanity, or a crime that is of serious international concern.

5. If you were allowed to enter or to remain in Australia,There is a risk that you would engage in criminal conduct in Australia

6.Your present and past criminal or general conduct shows that you are not of good character.     

7. You are subject to Interpol notice

8. You have been convicted of sexually-based offences involving a child in Australia or a foreign country.

9. By the Australian Intelligence Organisation You have been assessed to be a security risk

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