Canadian traveling with criminal record to Australia

Travel Forums Australia / New Zealand & The Pacific Canadian traveling with criminal record to Australia

Last Post This thread is marked as being about Melbourne
1. Posted by ramazmin (Budding Member 3 posts) 1w Star this if you like it!

34-year-old Canadian citizen with a criminal record (break and enter in a dwelling house, not violent but indictable offence) pleaded guilty and served 18 months of jail. My warrant expired in May 2018. Currently living in country Georgia (Eastern Europe) with my Georgian spouse. Question 1. Can I enter Australia to work? Question 2. my spouse is a Georgian citizen, How can I bring her with me if I am let in? (Georgians need Visa to enter Australia)

Thank you for your help

2. Posted by Andrew Mack (Travel Guru 996 posts) 1w Star this if you like it!

Hopefully someone that's knowledgeable about Australia will be along soon, because I'm not.

However a quick look at the Australian Embassy Website suggests you (as a Canadian Citizen with a Canadian Passport) could get a 'Working Holiday Visa' if you act very quickly (before the age of 35), but I doubt your spouse can travel with you unless she also has a Canadian Passport.

If you're asking about a long-term move then you'll need to have to read the info on their sites very carefully.

3. Posted by leics2 (Travel Guru 878 posts) 1w Star this if you like it!

If you want a work visa (as opposed to a working holidaymaker visa) you should start by looking at the official skill/occupation list:

https://immi.homeaffairs.gov.au/visas/working-in-australia/skill-occupation-list

If you don't meet any of the criteria then your chances of getting a work visa are very low, even before your criminal record is taken into consideration.

Plus your warrant (i.e. official end of sentence) only expired a year ago, making it much more difficult to prove that you have been an upright and responsible citizen since committing your offence.

4. Posted by 360trip (Inactive 4 posts) 1w Star this if you like it!

Quoting Andrew Mack

Hopefully someone that's knowledgeable about Australia will be along soon, because I'm not.

However a quick look at the Australian Embassy Website suggests you (as a Canadian Citizen with a Canadian Passport) could get a 'Working Holiday Visa' if you act very quickly (before the age of 35), but I doubt your spouse can travel with you unless she also has a Canadian Passport.

If you're asking about a long-term move then you'll need to have to read the info on their sites very carefully.

I totally agree with you my friend...I also don't know much but thanks for the information.

5. Posted by ramazmin (Budding Member 3 posts) 1w Star this if you like it!

Thank you very much for your reply. It is very helpful.
Do you think I should go for the Work and Holiday Visa and include an explanation letter about my criminal offence, also state that I have never had any problem with jurisdiction before in my life, I always studied and worked throughout my life, I have two university degrees, one from France, one from Canada. In case of getting my WHV, what will happen to my spouse as my dependant? She will not be entitled to come with me?
thank you for your time and help !

6. Posted by TheAussies (First Time Poster 1 posts) 1w Star this if you like it!

If you are talking about a working holiday visa (subclass 417) you will be required to upload several documents eg; birth certificate, bank statements and police certificate.

Character documents

We might ask you to provide:
an Australian police certificate if you have spent a total of 12 months or more in Australia in the last 10 years since you turned 16. We only accept complete disclosure National Police Certificates issued by the Australian Federal Police. We do not accept standard disclosure certificates or national police certificates issued by Australian state or territory police
an overseas police certificate from every country, including your home country, where you spent a total of 12 months or more in the last 10 years since you turned 16
military service records or discharge papers if you served in the armed forces of any country

We will let you know if you need to give us these documents.

An indictable offence and you serving 18 months is viewed as a substantial criminal record in the eyes of Australia. I am 100% certain that you will not be eligible for the WHV (subclass 417). Though I have to add, in the past Australia asks have you been sentenced to a term of imprisonment of 12 months or more in the last 10 years. This is a strong indication that you may be accepted in Australia 10 years later.

The way I see it, you only have three options to visit Australia (none of them are ideal)
First of all, you can choose to be honest and tick yes to the conviction question and you will have to apply for a Visitor Visa (Subclass 600) which cost 145 AUD and probably months for them to decide on an outcome. I'd say your chances of getting approved are pretty low.
Second option, you can tick no and enjoy your visit to Australia, but take note that this will affect any of your future plans to work or live in Australia.
Third option, you need to wait for ten years before you apply any visa to Australia and hope for the best.

Your spouse, a georgian citizen requires a Visitor Visa (Subclass 600) (as I mentioned earlier) to visit Australia and all applicants are required to provide additional documents eg; bank statements, travel plans in Australia, letter of employment, ties to your home country (the more the merrier) and it could take two to three weeks to receive an outcome.

Hope this helps.

[ Edit: Edited on 11-Aug-2019, 05:37 GMT by TheAussies ]

7. Posted by ramazmin (Budding Member 3 posts) 1w Star this if you like it!

Thank you very much for the very detailed information