If you are a New Zealander with a criminal history then you will need to get written confirmation of your criminal history from the Department of Immigration and Border Protection (DIBP) before you travel to Australia. If you have been imprisioned for over a year, you will need to apply for an Australian Visa.
If you are a New Zealand citizen with criminal convictions, no matter how long ago your convictions were, or whether they have been removed from government records, you are required to obtain written confirmation from DIBP (Department of Immigration and Border Protection) before you travel to Australia. This will determine whether you would be assessed as a ‘behaviour concern non-citizen’.
Download the Consent to Disclosure of Information (NZ Police) Form. This will allow the New Zealand police to provide the Australian High Commission with details of your criminal history and save you time and stress when entering Australia.
Complete the form and return it to the Australian High Commission via the postal or email address below.
Australian High Commission
72-76 Hobson Street,
Thorndon,
Wellington 6011
Email: Integrity.Wellington@dfat.gov.au
You will be informed in writing whether or not you may be eligible for a Special Category Visa. If you are assessed as being a behaviour concern non-citizen, you are encouraged to lodge an application for an appropriate visa to enter Australia prior to your expected travel date.
Processing time for Criminal History checks is 25 working days from the date the completed form is received by the High Commission. Enquiries in relation to the progress of checks will not be responded to if they fall within the 25 working day period.
The Police will forward the results of your police check direct to the Australian Consulate-General in Auckland. You will then be informed in writing whether or not you need to lodge an application for a visa to enter Australia.
If you have criminal convictions in any other country (including Australia), when you arrive in Australia you must declare your criminal convictions, regardless of which country or how long ago the convictions occurred. This declaration is made on your incoming passenger card as part of the immigration clearance process. Your declaration will be assessed by an Australian Border Force Officer.
For further information about Australia’s character requirements and what supporting evidence you may be asked to provide, see: https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/character
If a visa application is required the application form including a check list will be sent to you. If required to lodge a visa application, please do so at the Australian Consulate-General in Auckland.
Once the application is received it will be forwarded to the Department of Immigration and Citizenship (DIAC) in Melbourne, Australia for the assessment of your character, while all other processing will occur in Auckland.
You will then be advised of the outcome of your visa application. The time frame for the assessments of your character by DIAC in Melbourne will vary depending upon the specifics of your circumstances, but can take up to several months.
You may not pass the character requirements in some circumstances. These include if:
Even if you fail the good character test, you may still be able to get a visa. Good behaviour can save the day! The Immigration Department look at your behaviour since sentencing. If you think this may help your case, consider providing evidence of your good behaviour since.
As above, no matter what the fine, you are required to obtain written confirmation from DIBP (Department of Immigration and Border Protection) before you travel to Australia.
If the DUI is the only conviction you have, it shouldn’t stop you from moving to Australia. However, make sure you’ve paid the fine.
If you have unpaid court fines or owe reparations payments, you may be stopped from leaving the country at the airport. Remember that parking tickets can become court fines if not paid on time.
You can request your own criminal conviction history for free from NZ Government Ministry of Justice – https://www.justice.govt.nz/criminal-records/get-your-own/.
The below posts might interest you:
Ask them below in the comment section and I will get back to you asap. You might also find the answers in the questions other visitors have asked.
Hi… I’m JJ Smith.
I’m the creator and editor of Moving to Australia and have been for 10 years! I know everything there is to know about New Zealanders moving their families and life to Australia. Either from first hand experiences and research or through the questions from visitors to this website… and I’m here to help!
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S
June 26, 2022 at 12:20 pmHi JJ!
I am currently living in NSW on the 444 visa and I’m going back to see my family in a few weeks and returning 10days later. Embarrassingly… I have a DUI here in Australia (loss of licence for 3 months no jail term) and I am STRESSED about when I come back into Australia if I will be denied the 444 because of this? Any advice is appreciated – thank you!
JJ Smith
June 30, 2022 at 10:52 amHi S,
Thanks for your comment.
Don’t be stressed, you will be fine. As you didn’t spend any time in jail, you will be able to re-enter Australia without a problem.
I hope I’ve managed to put your mind at ease.
Thanks
shaun
June 22, 2022 at 12:03 pmhey there i was just wondering if i could get into australia from nz i am born nz with a crimanal conviction its ag rob but i didnt get sentenced to jail i spent 10 months on home detention i have lived and worked in australia before this incedent now im wondering if i could move back or a holiday at least
JJ Smith
July 1, 2022 at 11:02 amHi Shaun,
Thanks for your comment.
I know convictions add a lot of stress to a potential move to Australia. However, as you haven’t had jail time you should be fine to move back to Australia if you wish.
I do recommend you obtain written confirmation from DIBP (Department of Immigration and Border Protection) before you travel to Australia. It gives you peace of mind.
Please feel free to email me back any further questions you have.
Good luck with your move.
Kiri Seeley
June 22, 2022 at 12:56 amHi J J Smith
I have an enquiry about my daughter. She was convicted of aggravated robbery ( 2 x people involved and DIC 2X. She is serving time now in prison to be released July, August 2022 and has been there since January 2022. She has no initial family in NZ and she grew up in WA. I would like to get her back to Australia as we are permanent residents since 1994. Our daughter done all her schooling here. She went back to NZ with her partner and children then they broke up and her partner returned to Australia and she decided to stay a couple years longer.
I know you have to apply to the DIBP and that’s fine but what else would she need to do.
Thank you
JJ Smith
July 1, 2022 at 11:17 amHi Kiri,
Thank you for your comment.
As she hasn’t spent a year in prison she should be fine to return to Australia and the DIBP should confirm that, especially as she is an Australia PR.
Sorry I can’t give you any more advice.
I hope everything goes well with your daughter’s return.
Mahi
June 15, 2022 at 3:38 pmHi there
I’ve got charged with wounding with reckless it’s my first charged and I was wondering if I could go over to Australia with this charger
I didn’t go to jail I was sentenced to 12 months supervision and I was also ordered to complete 100 hours of community work.
JJ Smith
June 16, 2022 at 12:44 pmHi Mahi,
Thanks for your comment.
As stated, if you haven’t severed over 12 months in prison you shouldn’t have a problem.
I know it can add stress to your move, which is why I recommend obtaining written confirmation from DIBP (Department of Immigration and Border Protection) before you travel to Australia. It gives you peace of mind.
Please feel free to email me back any further questions you have.
Good luck with your move.
Alex
May 19, 2022 at 2:53 pmHey im looking at moving to australia ive downloaded the form you have linked i have had a drink driving charge i just dnt k ow what to put in the type of appication part of the form ne help wpuld be greatly apreciated thanks
JJ Smith
May 20, 2022 at 10:36 amHi Alex,
Thanks for your comment.
Type of application is for a Special Category Visa (SCV). And answer yes to the visa question above.
Please feel free to email me back any further questions you have.
Good luck with your move.
Phil Green
May 9, 2022 at 11:49 amHi there.
Had a conviction 21 years ago where spent 12 months of a 2 year sentence in jail, no convictions since. Do i need to apply for a visa to live and work in Australia if so what Visa?
Thanks
Phil
JJ Smith
May 20, 2022 at 10:54 amHi Phil,
Thank you for your comment. Sorry for the delay in replying.
I’m not an immigration specialist, so can only advise from info I’ve found online.
Firstly, I recommend obtaining written confirmation from DIBP (Department of Immigration and Border Protection) by downloading the consent form on my criminal convictions post and send it in. You will be informed in writing whether or not you may be eligible for a Special Category Visa.
It’s been a long time since your conviction and they might grant you an SCV.
They might also advise what visa to apply for if they don’t grant you an SCV.
Please feel free to email me back any further questions you have.
Good luck with your move.
Prashant Pandey
May 25, 2021 at 8:23 amHi JJ,
I found your website really helpful. a question: I had a drink and drive conviction 6 years back (Reason: emergency in the family) this is the only conviction had ever had. We are New Zealand citizens in Auckland, now planning to move to Melbourne, Australia for a better future. Please advise what I need to do?
Waiting for your reply.
RegardsPrashant
JJ Smith
May 31, 2021 at 12:02 amHi Prashant,
Thank you for your comment.
Regardless of type of criminal conviction, you must procure written authorisation from DIBP (Department of Immigration and Border Protection) prior to travel.
Please download the Consent to Disclosure of Information form below. This will allow the NZ Police to provide the Australian Consulate-General with details of your criminal history and save you time and stress when entering Australia: https://www.movingtoaustralia.co.nz/are-you-wanting-to-move-to-australia-but-have-a-criminal-conviction/.
Please note, I have updated the content on the above page today, as I discovered the form had moved locations.
Please do not let the above stress you out. As you have only had the one drink driving conviction and have not been imprisoned, you should not be considered a ‘behaviour concern non-citizen’: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/special-category-visa-subclass-444#Eligibility.
Please feel free to email me back any further questions you have.
Good luck with your move.
Paul
May 7, 2021 at 6:26 amWould like to say that this article is fantastic and really clarifies a lot of misconceptions and confusion around the Australia and New Zealand connection.
In a similar vein, would you happen to know if employers in Australia are privy to criminal records in New Zealand? Both spent and unspent convictions?
Lovely article JJ.
JJ Smith
May 13, 2021 at 2:48 amHi Paul,
Thanks for your comment and compliment.
No, countries don’t have access to each other criminal records and definitely not employers.
If this is a concern for you, I recommend you request your own Criminal Conviction History for free from NZ Government Ministry of Justice, as this would be the what recruitment companies would possibly request on your behalf: https://www.justice.govt.nz/criminal-records/get-your-own/.
Please feel free to email me back any further questions you have.
Good luck with your move.
Pete
March 24, 2019 at 12:49 amHi I fall under the 3 strike policy, I’m on my second strike and haven’t been in trouble for the last 6 to 7 years would this stop me for applying for a visa to travel to Australia.
JJ Smith
March 24, 2019 at 10:28 pmHi Pete,
Thank you for your comment.
Are you a NZ citizen and have you spent anytime in prison?
Once you’ve emailed me back answers to the above, I will email you back my advice.
Thanks
Pete
March 26, 2019 at 1:39 am2 and a half years and yes New Zealand citizen.
JJ Smith
March 26, 2019 at 1:41 amHi Pete,
Thanks for your reply.
Unfortunately you are definitely going to have to apply for a visa and I don’t know how good your chances are. I know they frown on any jail time over 1 year.
You are going to have to find an immigration specialist and ask them. You can find an immigration specialist on the Australian Government website, Migration Agents Registration Authority (https://www.mara.gov.au/). A lot of companies will charge you a $95 fee to asses your chances and give you advice on how to proceed.
Sorry I couldn’t be of more help.
LATU
January 20, 2020 at 9:28 amHi sorry I’m replying in this comment.
I have a question. Can someone who has been in prison in USA, few months in prison and probation in USA enter Australia? Deported back to NZ?
Thanks
JJ Smith
February 3, 2020 at 10:05 pmHi Latu,
Thank you for your comment and sorry for the delay in replying.
Unfortunately I am unable to help you. I know the general immigration laws for New Zealanders moving to Australia but not for someone entering from the USA.
However, you will probably need to go through a similar process to others with a criminal conviction. You will need to obtain written confirmation from DIBP (Department of Immigration and Border Protection) before you travel to Australia. Download the form here: https://www.movingtoaustralia.co.nz/are-you-wanting-to-move-to-australia-but-have-a-criminal-conviction/.
The positive is that you have only been imprisoned for a few months.
Please feel free to email me back any further questions you have.
Good luck with your move.
Tracy
February 25, 2019 at 9:30 amHi. I have dual Australian and NZ citizenship with matching passports. when I travel to Australia I use my Aussie passport. I live in NZ and will likely soon be convicted of threatening to kill. Will this stop me returning to visit or live in Australia.
JJ Smith
February 25, 2019 at 11:27 pmHi Tracy,
Thank you for your comment.
Sorry but I can’t answer that. It will depend largely on your sentence.
After you have been sentenced you should contact an immigration specialist. You can find one on the Australian Government website, Migration Agents Registration Authority (https://www.mara.gov.au/).
Good luck.
Beau Harrison
June 13, 2020 at 2:57 amI was sentenced to two years in jail spent 4 months in jail and am currently out on home detention . I’d like to move and work in Australia in the future . But will my sentence stop this
JJ Smith
June 17, 2020 at 1:14 amHi Beau,
Thank you for your comment.
As you have not been imprisoned for over a year, you may be fine.
When you are off home detention and in a position to move, you should obtain written confirmation from the DIBP (Department of Immigration and Border Protection) before you travel to Australia.
You will then be informed in writing whether or not you need to lodge an application for a visa to enter Australia.
Good luck!
Jake
January 1, 2019 at 12:14 pmHi,
I recently got charged with speeding
Maximum penalty $1000 fine
Caught through speed camera exceeding speed by 50km and it got
Processed through the courts.
So technically speeking I now have a criminal record for 1 traffic offence not criminal offence however I believe it still shows up on criminal record
Will this effect my SCV
Thanks
JJ Smith
March 20, 2019 at 11:24 pmHi Jake,
Thank you for your email. Sorry for my late reply. I’ve been on holiday and missed your email.
I’m not a immigration specialist, but from what I know as long as you don’t have any fines outstanding you should be able to enter and work in Australia on a SCV.
When are you planning on moving?
As you do have a criminal offense I recommend you obtain written confirmation from DIBP (Department of Immigration and Border Protection) before you travel to Australia. This takes three weeks. It will make sure you don’t have any problems when entering Australia. Download the form here: https://www.movingtoaustralia.co.nz/are-you-wanting-to-move-to-australia-but-have-a-criminal-conviction/.
Good luck with your move.
Kimberley
November 11, 2018 at 2:55 amHi, I am wanting to know if it will be possible for me to move to Australia to be with my Fiance once I am off home detention. I am currently serving a sentence of 10 months home detention for a drug conviction. My partner is an Australian citizen and is in prison here in nz for the same charges. When he gets out he will be deported back to Australia. We have been together for 3 years and once he gets released it will be 5 years. I can’t seem to find the answer online anywhere. But I think it might be in my favour that I wasn’t sentenced to imprisonment but then against me is the fact that it is quite a serious drug conviction. What do you think the chances are of me moving to Australia in a couple of years. I will have the support of his family over there and will be able to get character references etc. Any info would be great thank you.
Kimberley
JJ Smith
November 18, 2018 at 10:13 pmHi Kimberly,
Thank you for your comment.
You are right in saying that having no prison time is good (under one year). However, they will still look into your conviction and make a decision. Unfortunately I can’t give you a yes or no answer.
You will need to obtain written confirmation from the DIBP closer to when you want to move.
Please note, NZ and Australia immigration rules are continually changing and they might be even more in your favor in two years.
I recommend making the most of your time off home detention and build your positive character references. This will make a big difference to your application.
Feel free to get back in contact closer to when you are moving and I can update you on any changes.
Sorry I can’t be of more help.
Kimberley
November 22, 2018 at 8:04 pmThank you for the reply
🙂
Kayla
October 11, 2018 at 5:38 amHi,
My family and I (me, partner plus 4 kids) are planning on moving to Australia from Nz in the next 6 months, my partner has criminal convictions (mainly traffic violations) his latest is receiving stolen property and was sentenced to 6 months community detention but no prison time.
Should we just declare that he has a criminal
conviction on the arrival card or do we need to go through the process of releasing this information from nz police to the Australia embassy?
Cheers.
JJ Smith
October 28, 2018 at 11:20 pmHi Kayla,
Thank you for your enquiry.
I would definitely go through the process of obtaining written confirmation from DIBP (Department of Immigration and Border Protection) before you travel to Australia. This will reduce a lot of stress and time when you enter Australia.
You can find all the info you need here: https://newzealand.embassy.gov.au/wltn/travellingwithacriminalconviction.html. This process takes approximately three weeks from the date the completed form is received by the Consulate.
Good luck with your move.
hame
September 18, 2018 at 2:38 pmHi JJ Smith
I have served two terms of imprisonment, both over 12 month. Most of the charges are fraud related and drink driving charges, x 2 assaults – many years ago. The most resent charges where early 2017 for drink drink driving and falsely using a document (I was sentenced 6 months home detention)
I have applied for the special visa, I didn’t realise it would take so long so still attempted to get into Australia from New Zealand (declaring my criminal convictions) but was returned the following day after being held in the detention centre.
I am still waiting for an answer for the special visa, Do you think I have any chance of going there for a 14 day holiday?
Your help would be most appreciated.
Thanks
Hame
JJ Smith
September 18, 2018 at 9:48 pmHi Hame,
Thank you for your comment.
Unfortunately I can’t be of much help. I don’t know anything about holiday Visas.
Sadly, I recommend that you wait for your special Visa to come back. I can’t find anything online that will help.
Good luck!
Thanks,
JJ Smith
Ashley
September 12, 2018 at 12:56 amHello! I was planning on moving to australia, I have a criminal conviction (DUI) which was 6 months loss of license. I wasn’t aware I had to apply for a visa until I saw it in my contract. I am now freaking out becuase it specifically says I will have the job when the department of home affairs are satisfied and obtain a visa permitting me to work in australia. I’ve sent the forms in to the consulate and now I am waiting. What visa will I need? I would rather apply for it now.
JJ Smith
September 12, 2018 at 1:12 amHi Ashley,
Thanks for your comment.
The DUI shouldn’t affect your move to Australia, as you didn’t serve any jail time.
Unfortunately I can’t be a lot of help with the Visa. The SCV is a Visa that allows you to work in Australia, so maybe you want to check that with your employer and ask them about what Visa you require if the SCV isn’t sufficient.
Otherwise you’ll just have to wait to hear back from the consulate.
You should apply for a TFN number as soon as you arrive in Australia. You are not able to apply from New Zealand. You can apply online here: https://www.ato.gov.au/individuals/tax-file-number/apply-for-a-tfn/foreign-passport-holders,-permanent-migrants-and-temporary-visitors—tfn-application/.
Good luck with your move.
Tracey
August 29, 2018 at 8:42 amHi there
I would like to move to Australia to live and work. I have no convictions however my husband served 4 years in jail for aggravated robbery. This was 16 yrs ago and no problems since and would have excellent character references. He can get a work transfer to his jobs Australian branch who need workers such as his area of work.do you think they give working visas to those with convictions?
JJ Smith
September 4, 2018 at 12:25 amHi Tracey,
Thank you for your comment.
I think he has a great chance of getting a work Visa for Australia, as the conviction was so many years ago, he hasn’t been in any trouble since then and has great character references.
However, he will not be able to travel and work on the SCV you will automatically get as a New Zealander. He will need to apply for Visa.
You can find an immigration specialist on the Australian Government website, Migration Agents Registration Authority (https://www.mara.gov.au/). Search Auckland for advisers specialising in Australia.
You can find more info on SCV here: https://www.movingtoaustralia.co.nz/australian-visa/.
Hope the above helps. Please feel free to ask further questions.
Good luck with your move.
Mike
August 16, 2015 at 3:04 pmHello,
I lost my drivers licence 15 years ago for six months and paid a fine, there was no jail time and I have been to Australia for a holiday on my current passport but don’t remember ever doing the Consent to Disclosure of Information form. My wife and I are intending to move to Australia to live and work, am I right in assuming that because I’ve already traveled in and out Of Australia that either I did complete the form when I renewed my passport last time or there just isn’t any issue regarding my past conviction?
Thank you.
JJ Smith
August 17, 2015 at 5:06 amHi Mike,
Thank you for enquiry.
As you did no jail time you will be automatically granted a SCV and can happily move to Australia.
Good luck with your move.
Raven
July 30, 2015 at 6:46 pmHi there. First of all, thank you for the great job you have done to help out people like me, 🙂 its much appreciated. Well im hoping you could help clear up a bit of confusion I have. I have a criminal record with 2 serious assault charges. I traveled to oz twice within two years after my last conviction. I declared my convictions at customs. The first time they took me aside and had me fill a form in and just sent me on my way. The second time, I again declared convictions on arrival and this time they didn’t bat an eyelid about it just waved me through. I was given a stamp in my passport both times. Now I am thinking of moving there and hoping it will be as straight forward as it has been previously. I am unsure if this means I have qualified for scv despite my convictions. Would you please share your thoughts with me? Thank you for your help.
Raven
July 30, 2015 at 6:49 pmI’d just like to add that I haven’t done any jail time.
JJ Smith
July 31, 2015 at 6:37 amHi Raven,
Thank you for your enquiry.
As you haven’t done any jail time and they have let you in to Australia twice, you will be fine and would have already been granted the CSV on your visits. So yes please feel free to move whenever you like.
Good luck with your move.
Raven
August 3, 2015 at 7:49 amHi I’d just like to say a big thank you for your reply. Obviously I am ecstatic to hear this. I will definitely look into using the services you have recommended closer to the date of the big move! You have put my mind at ease. Again, many thanks, Raven
Janie
December 8, 2014 at 4:16 pmHi there,
I am looking to go to Australia next year for a wedding and the possibility of moving there for work in the future. I’m fully employed with no dependents at home. I would also be able to gain employment there no problem as i have lots of family in Australia, and excellent references. I had a clean record for 12+ years until a couple of years ago when I separated from my then husband, then everything turned to custard for a while. 2 mild offenses in 2 years. the last one 12 months ago. what would be my chances of entering for the wedding. and my chances of maybe moving there to work later on??
Thank you
Janie 🙂
JJ Smith
December 9, 2014 at 4:05 amHi Janie,
Thank you for your enquiry.
However, I cannot give you an exact answer, as it depends on the offenses and if you severed any jail time. You should be fine if they were minor offenses, as generally anything under 1 year jail time is acceptable.
Therefore, I recommend you complete the Visa wizard and if there is a problem contact an immigration specialist:
– Australia Visa Wizard: http://www.immi.gov.au/visawizard/
The Visa Wizard can help you find the Australian visa most likely to meet your specific circumstances.
– You can find an immigration specialist on the Australian Government website, Migration Agents Registration Authority (https://www.mara.gov.au/). Search Auckland for advisers specialising in Australia.
Good luck with your move.
Alan
December 5, 2014 at 1:30 pmHi, I am currently living in New Zealand but am considering a move to Australia. The problem is that I have a number of driving offenses from my early 20’s in Ireland. All for no insurance (which is compulsory) and no registration. I also don’t think I declared them on my last e tourist visa when passing through Australia but I know they will be on my Police cert if I apply for a working holiday. Am I screwed?
Emma
November 24, 2014 at 6:18 amHi there, I’m a sole mother looking to move to melbourne . Im an Australian citizen by decent, and have a certificate etc for this. However I have a New Zealand criminal record(a recent charge of obtaining by deception which I got 4mnths 7pm-7am home d for) will this effect my getting into aus, Will i need a visa as I am a aus citizen by decent but my 2 children are not. thank you.
JJ Smith
November 25, 2014 at 3:22 amHi Emma,
Thank you for your enquiry.
I believe you will be fine. Anything under 1 year in prison.
However, definitely complete the Visa wizard and if there is a problem contact an immigration specialist:
– Australia Visa Wizard: http://www.immi.gov.au/visawizard/
The Visa Wizard can help you find the Australian visa most likely to meet your specific circumstances.
– You can find an immigration specialist on the Australian Government website, Migration Agents Registration Authority (https://www.mara.gov.au/). Search Auckland for advisers specialising in Australia.
Good luck with your move.
Andrea
September 3, 2014 at 4:23 amHi,
A friend of mine was denied a SCV after a criminal history disclosure. Failing the character requirements. It did say that he was able to apply for a visa with a chance to give supporting documentation and defend the information that they received through the criminal history. He intends to live permanently in Australia. What visa does he need to apply for? It does not say in the email and I can’t seem to find the right one on the website.
JJ Smith
September 3, 2014 at 5:03 amHi Andrea,
Thank you for your enquiry.
I do not know what kind of Visa your friend will need. However, I do highly recommend applying for the Visa through a specialist, as they will know the best Visa to apply for and the best way to communicate with the Australian Government.
You can find an immigration specialist on the Australian Government website, Migration Agents Registration Authority (https://www.mara.gov.au/). Search Auckland for advisers specialising in Australia.
Good luck.
Stacey
September 1, 2014 at 10:09 amHi there,
Im just curious to know if my family and i are able to move to australia ?
The thing is, i have a criminal conviction. I was 18 when i got sentenced to 4months in prison for agg rob. I just want to know if i can move to australia to start a life for me and my little family???
What do i need to do?
Thanks
JJ Smith
September 2, 2014 at 5:42 amHi Stacey,
Thank you for your enquiry.
From my research, you have to declare your criminal conviction to the Australian Government on entry and then they decide weather to grant you a SCV on your individual circumstances.
The longer ago the conviction was, the better for you and as you have been in prison for less than a year, you should not have a problem.
Good luck with your move.