Character requirements for Australian visas
Your character must meet Australian standard , before applying an Australian visa you make sure you meet the required points.
Your Australian visa only granted if you meet the character requirements set my Australian government. Your entry in to Australia may denied if they found your criminal convictions or charges in overseas or Australia. Your approved Australian visa may cancel any time if you no longer meet your character standard set by Australian government .
The character requirements are set out under section 501 of the Migration Act 1958.
When you apply for a Australia visa, you have to declare
• All criminal conduct in your life
• Charges and awaiting legal action in any nations
• convicted of in any country
• You must tell all answers truthfully
• Submit all requested details.
Once you apply an Australian visa officer may ask you few documents like :
• Submit a police clearance certificate ( PCC )
• You may need to fill a Form 80 Personal particulars for character assessment
• You may need to fill a Form 1563 – Statement of Character
• You may need to submit a military certificate and/or a Form 1399 – Declaration of Service
• You may need to provide a letter of good conduct from an employer.
Australian Privacy Laws :
Australian government may collect or they receive your informations and details from other nations or third party. Law enforcement department treat your informations and details given by a other nations or a third party according to the the Australian privacy laws.
How Australian government analyse your Character ?
Even you have a approved Australian visa, officers will assessing your case, officers may take your file again and check as per Ministerial Direction No.110 if they found you have committed serious criminal offences they will refuse your visa or your approved visa may cancel at anytime. Australian community and Australian government never allow anyone to enter or stay in Australia if they not pass the Character test defined in s501(6) of the Migration Act 1958 (Cth).
If your file came under any of the below points you may not pass the Australia character test.
• If Australian government found you have a substantial criminal record as defined by s501(7) of the Migration Act 1958 (Cth)
• If Australian government found you involved and convicted a sexual crime involving with a person under 18
• If Australian government found you convicted or jumping from immigration detention, or convicted for an crime that you committed:
• while you were in immigration detention
• during an escape from immigration detention
• after an escape, but before you were taken into immigration detention again
• If Australian government found any connection with you and any criminal organisation ,group or person that the Minister (or delegate) can disqualify you to pass the test.
Whether you convicted or not any reasonable connection founded by the Minister (or delegate) reasonably suspects that you have been involved in any of the below activities in any Nations
• If you involved a crime against humanity
• If you involved genocide
• If you involved people smuggling
• If you involved people trafficking
• If you involved a war crime
• If you involved a crime involving slavery or torture
• If you involved a crime that is otherwise of serious international concern
• Your character is not good as per past and present or general criminal conduct.
• If the Australian government feel any risk that while you are in Australia you may involve certain activities like crime, molest, intimidate or stalk another person, harass, vilify a segment of the Australian community, incite discord in the Australian community or in a part of it or danger to the Australian community or part of it.
• If Australian Security Intelligence Organisation found you are a subject when they did a security assessment.
• If Australian government found you served a Interpol Notice , from which it is reasonable to infer that you are a direct or indirect risk to the Australian community, or a part of the Australian community
• If you have been charged or convicted of a domestic violence or have ever been subject to a domestic violence order.
When you apply for a Australian visa you need to :
• Submit or give all criminal conduct you have engaged in
• Answer all question truthfully
• Give or submit all requested details.
Australian authorities analyse all circumstances of a visa application. The Minister for Home Affairs or their delegate can choose to grant your visa even if you do not meet the character requirements.
Authorities may refuse or cancel your visa. if we submit false or misleading informations in our visa application.
Other considerations before cancel or refuse a Australian Visa
Before Cancel or refuse a visa under the character checkup Authorities make sure impact of their decisions are balanced as per Ministerial Direction 110. Consideration points include but are not limited to :
• Your presence not causing a threat or ham to any individuals or the Australian community, your nature for law-abiding obeying Australias law enforcement framework.
• Australian community protection with your presence
• Impact of the decision if any minor children under 18 years of age in Australia
• Possibilities of you are engaging a family violence
• Your family ties in Australia, include its duration, strength and nature.
• Global responsibilities of Australia in terms of International law
• How this visa rejection or cancellation effecting your family living in Australia
• Communities and Australian business effected with this decision
For more information see Ministerial Direction 110.
Mandatory visa cancellation in Australia
Australian government ( Department of Home Affairs ) automatically cancel your Australian visas if they found your profile came under the below situation.
• If you imprisonment 12 months or more, life time imprisonment or sentenced to death.
• Either in Australia or any other country If you involved and convicted of a sexual crime involving a minor below 18 years of age.
• A proven charge for a sexual crime involving a minor under 18 years of age, even if you out without conviction.
Once authorities mandatory canceled your visa , you have 28 days for raise a request for revocation. if the authorities revokes their previous decision to cancel they will agin reinstate your Australian visa.
Other supporting documents
In support of your application, we may ask you to provide more documents. These may include but are not limited to the following:
Military certificates
If you was served more than 12 month in any country’s military force may Australian authorities ask you to submit military certificate with your Australian visa application .
Most cases your commanding officer give you a Military certificate and it must say all details of your criminal background if anything while you in the military.
Police certificate also you need to submit if you stay and served more than 12 month in any country. Even you where stationed at a military base you may need to submit it.
How to Apply for a police certificate for Australian visa ?
Click here to know how to apply for an overseas police certificate in the relevant countries.
Click here if your country not listed or the certificate unable to obtain contact your nearest Australian immigration overseas office.
If you need to submit a Australian police certificate you must submit an Australian Federal Police National Police Check application form. Authorities do not accept state- or territory-issued police certificates.
If you apply for an Australian Federal Police National Police Check you must select Code 33 – Immigration/Citizenship – for Supply to the Department of Home Affairs. This code includes all Commonwealth offences, and other territory/state offences.
You must include details of all names you have been known by.
You do not need to give fingerprints for Australian police checks.
Police certificates for Australian visas
You can submit Police certificate with your Australian visa application, authorities can ask PCC any time of your visa process and you must submit it if you not submitted upfront . You have to submit Police certificate from each country you lived more than 12 month in the past 10 years, including Australia. Usually you need PCC if you are over 17 years of age. Validity of the police certificates is 12 month from the issue date. You may need to submit new PCC if your previous PCC has expired or you returned to the country.
PCC must cover:
• the time you turned 16 up to the issue date
or
• the entire time you were in the country.
How to apply PCC for ship workers ?
If you working or was working in merchant ship, cruise ships, private yachts or oil ring you must provide a Police certificate if you stayed 12 month or more in the past 10 years.
A letter of good conduct from your captain or company also required to submit with your application , this letter you need to take from all the vessel you was worked. The letter must include below points
• Vessel Name
• Your job details including your postion you had while on the vessel
• Employment starting and end dates
• a statement about your character.
Every Vessels carrying a country flag it indicate from which country you request police clearance certificate.
Click here to apply for a police certificate in the relevant country.
Authorities may accept a letter of good conduct instead of the police certificate if you worked less than 12 month in a vessel or one particular nation.
Step by steps after your visa refusal or cancellation
Detention and removal
For staying in Australia everyone need a valid Australian visa. Once Authorities cancel or refuse your Australian visa on character base within very shot time may you have to depart Australia as you not hold any visa .
Click here to understand what to do if you do not have a valid visa.
If you do not have a valid visa, contact the Department’s Immigration Status Resolution Service (SRS).
Rules and Restrictions on re-entering Australia
If your Australian visa cancelled by Australian authorities mostly you have a re-entry ban and can approve another Australian visa in very limited situations and its rarely happen.
Learn more about re-entry bans.
If Australian authorities cancelled your Australian visa on the character grounds under s501 of the Act, you may be subject to Special Return Criterion 5001.
For satisfy Special Return Criterion 5001, the Minister personally need to revoked the cancellation or approve you a permanent visa .
If any one does not satisfy the Special Return Criterion 5001 they cannot be granted a visa.
Visa application restrictions
If Australian authorities cancelled or refused your visa because you not meeting the character checks since you last arrived in Australia the only visa you can file for, if you meet the eligbility criteria, is a Protection visa (subclass 866).
Once your Protection visa ( subclass 866) refused or authorities canceled your visa, you cannot apply again. you can only apply for another Protection visa ( subclass 866 ) visa only Public interest to let you do with Minister decision and approval.
See if you have had a protection visa refused or cancelled.
How to Appeal a refusal or cancellation ?
If your Australian visa refuse or canceled by authorities because of you not meeting the character requirements, you have the right to apply for a review of the decision.
Once you apply for a review, the ART (Administrative Review Tribunal ) Independently responsible for reviewing the points of administrative actions, including visa cancellation decisions.
Another steps you can do is apply for a judicial review through the Australian court system
You cannot appeal a decision that was made by the Minister personally, except by seeking judicial review.
Your decision notification letter clearly mention the dead line for submit a appeal. You must apply in writing within that time frame.
Learn more about the Administrative Review Tribunal and how to apply.
Getting help
Call our award winning customer care team now +91 907 241 8888 ( 24X 7 )
Our dedicated Immigration Experts here to assist you for your Visitor visa application. who can help with your visa application.
Processing priorities of files.
Australian authorities motive is to finalise each files as soon as possible. They clearly analyse all circumstance of each file and as per their prioritising mechanism they processing each file.
Files below situations they prioritising first for processing
• Files from the applicants who are located in immigration detention facilities in Australia
• Extremely sensitive files and/or compelling and compassionate circumstances.
Do not book any Air ticket or arrange any travel plans until you know the outcome of your assessment.
Processing time for character consideration
Files moved for character consideration will take significant time as they involved very serious sensitive information’s and mostly its complex to understand. Process time depends on various points as below :
• Seriousness and Nature of the crime committed
• Your responding time for the request of more information
• The circumstances and complexity of your file.
• Required time for competing the checks.
• Multiple law enforcement and other agencies usually involved in this process, time for receiving information from different departments also matter for completing this process.
Our dedicated Immigration Experts here to assist you for your PCC application.
Need a consultation ? Call us today +91 907 241 8888 ( 24X 7 )or Email Us info@australiavisapoint.com