If you are a New Zealander with a criminal history, you will need to get written confirmation from the Department of Immigration and Border Protection (DIBP) before you travel to Australia. If you have been imprisoned for over a year, you will need to apply for an Australian Visa. Read more below.
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If you have criminal convictions, no matter how long ago your convictions were or whether they have been removed from government records, you are encouraged to obtain a pre-departure assessment of your criminal conviction history. This will determine whether you would be assessed as a ‘behaviour concern non-citizen’.
Please complete the online enquiry form – New Zealand passport holders travelling with a criminal conviction.
Use this form if you are a New Zealand passport holder with criminal convictions seeking to travel to Australia. This form will provide guidance on whether you may be considered a “behaviour concern non-citizen”, which impacts your eligibility for a Special Category (subclass 444) visa (SCV).
Note that the decision whether to grant an SCV is made at the Australian border by an Australian Border Force Officer at the time of your entry into the country. Any pre-travel assessment regarding your eligibility for a SCV, or any advice included in the below information is guidance only and does not guarantee a particular outcome at the border.
The processing time for pre-travel assessment (submitted via the online enquiry form) 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. Please be advised that due to the Christmas/New Year holiday period, processing times may exceed 25 working days.
You will need to upload a copy of one form of photographic ID when submitting the online enquiry form e.g. Passport or Driver’s Licence, that clearly shows your name and signature (if using your passport, the signature is on page 3). If you do not provide a copy of a form of ID, they will not process your request.
Please note that due to privacy legislation, the Department is required to communicate only with ‘the subject’ of the criminal conviction history report regarding their assessment. If you are contacting them on behalf of someone else, they are only able to provide general information.
Please be aware the Australian High Commission will no longer be accepting forms submitted via email or post.
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 the 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 checklist, will be sent to you. If you are 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 character assessment, while all other processing will occur in Auckland.
You will then be advised of the outcome of your visa application. The time frame for DIAC in Melbourne’s character assessments will vary depending on your circumstances, but it can take 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 has looked at your behaviour since sentencing. If you think this may help your case, consider providing evidence of your good behaviour.
As above, regardless of 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 your only conviction, 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 criminal conviction history free from the NZ Government Ministry of Justice – https://www.justice.govt.nz/criminal-records/get-your-own/.
If you have not found the information you are looking for, visit the Australia High Commission website ‘Travelling with a Criminal Conviction‘.
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SJC
March 26, 2024 at 10:14 amWe are in the process of moving to Aus for a few years for work.
Australia have requested we sign a consent to exchange criminal record check.
Do you know what that are looking for if we have already submitted clear checks for NZ.
I also am wondering if Australia share with NZ what info they have on record.
JJ Smith
March 28, 2024 at 5:43 pmHi,
Thank you for your comment.
You will need to sign the exchange criminal record check. This is common practice in most employment contracts in Australia.
Moving to Australia with a criminal record can be worrying.
Unfortunately, I do not know what information is shared when this form is submitted to NZ. I know Australia and New Zealand don’t share databases, but I don’t know what exactly they do share.
By including that statement in an employment contract the employer allows themselves the opportunity to be able to check with NZ Police to confirm what they have been provided is correct. It is not a guarantee that they will.
I don’t know by going direct what further information they get.
I hope the above helps.