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Felon Friendly > Blog > Rights > Can Felons Travel to Australia?
Rights

Can Felons Travel to Australia?

Many people with felony convictions wonder whether they can visit Australia. The short answer? It depends. Australia has strict immigration rules, and having a felony record can make things complicated. But don't lose hope—understanding the process can significantly increase your chances of entry.

Jeremy Larry
Last updated: May 29, 2025 5:31 am
Jeremy Larry
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Planning a trip to Australia but have a felony record? You’re not alone. Whether it’s for business, vacation, or a fresh start, many individuals with criminal records ask the same question: Can felons travel to Australia?

Contents
Types of Australian Visas and What They RequireAustralia’s Character Test: The Make-or-Break FactorHow Long Should Felons Wait Before Applying?What Crimes Trigger Automatic Refusal?What Happens If You Lie on Your Application?Tips to Improve Your Chances as a FelonReal-Life Example: Felon Who Got ApprovedWhat If You’re Denied Entry?Alternative Destinations with Easier Rules for FelonsFinal ThoughtFAQs
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According to the Australian Department of Home Affairs, individuals applying for any type of visa—tourist, student, business, or permanent residency—must pass the Character Test outlined in Section 501 of the Migration Act 1958. This test evaluates your criminal history, time served, and risk to the Australian community.

The law clearly states that Australia has zero tolerance for criminal risk, especially involving violence, sexual offenses, or organized crime. But it doesn’t mean felons are automatically denied entry. The devil’s in the details.

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Types of Australian Visas and What They Require

Before anything else, you need a valid Australian visa. There’s no such thing as visa-free entry to Australia—even for U.S. passport holders.

Here are common visa types:

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Visa TypePurposeFelony-Friendly?
Visitor Visa (subclass 600)Tourism or short visitPossible, but depends on conviction
eVisitor (subclass 651)Tourism/Business (Europe only)Same rules apply
ETA – Electronic Travel Authority (subclass 601)Short-term travel from eligible countries like the U.S.Yes, but requires character assessment
Student Visa (subclass 500)Study in AustraliaChallenging, especially for serious crimes
Work Visa (varies)Temporary or skilled workRare, depends on the sponsor and your record
Permanent ResidencyLong-term immigrationHigh scrutiny, full character disclosure required

So, yes—felons can apply for all these visas, but whether they’ll be approved hinges on the next part…

Australia’s Character Test: The Make-or-Break Factor

Section 501 of the Migration Act 1958 governs Australia’s Character Test. This test is the legal benchmark used to assess every applicant’s criminal background and overall risk.

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You may fail the Character Test if:

  • You’ve been sentenced to 12 months or more in prison (even if not served).
  • You’ve been convicted of sexual offenses against children (automatic refusal).
  • You’ve been convicted of domestic violence, terrorism, or organized crime.
  • You’re considered a risk to the Australian community.

Time served is cumulative. So, three 4-month sentences = 12 months, and that’s enough to fail the test.

Full character test details: Section 501 of the Migration Act

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How Long Should Felons Wait Before Applying?

There’s no official waiting period. But your chances increase over time, especially if:

  • 5–10 years have passed since your last offense
  • You’ve shown evidence of rehabilitation
  • You’ve been a productive, law-abiding citizen since your conviction
  • You weren’t sentenced to more than 12 months

In general:

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Time Since ConvictionRisk Level
Less than 1 yearExtremely High
1–5 yearsHigh
6–10 yearsMedium
10+ yearsLow

What Crimes Trigger Automatic Refusal?

Certain felonies make it nearly impossible to enter Australia. If you’ve been involved in any of the following, it’s very likely you’ll be denied:

  • Child exploitation or sexual abuse
  • Terrorist activities
  • Human trafficking or slavery
  • Drug trafficking
  • Organized crime affiliations

Even if you weren’t convicted, a strong suspicion of involvement in any of the above could result in a visa denial or cancellation.

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What Happens If You Lie on Your Application?

Don’t do it. Australia’s immigration authorities have access to Interpol, FBI records, and international databases. If you try to hide a conviction:

  • Your visa will be instantly cancelled
  • You may be banned for life
  • Your name will be red-flagged across immigration networks

Always disclose everything. In fact, some people got in with a felony just because they were transparent and had documentation to support their case.

Tips to Improve Your Chances as a Felon

Okay, now here’s the part everyone wants to hear—how do you increase your odds of approval?

✅ Tell the truth
✅ Get court documents and official records
✅ Submit character references (from employers, church, rehab centers, etc.)
✅ Provide a personal statement outlining how you’ve changed
✅ Highlight community involvement or volunteer work
✅ Hire an immigration lawyer familiar with Australian law

Get a police clearance certificate or background check showing you haven’t reoffended since.

Real-Life Example: Felon Who Got Approved

John (not his real name), a 38-year-old from Texas, had a felony DUI conviction from 2008. He applied for an ETA visa to visit Australia in 2022.

Here’s what helped his case:

  • He disclosed the DUI upfront
  • Provided court records and proof of completed rehab
  • Included letters from his employer and pastor
  • Had no additional offenses since 2008

He was granted a 3-month ETA visa after a 2-week delay for additional checks.

What If You’re Denied Entry?

If Australia denies your visa:

  • You’ll get a formal written refusal
  • You may have the right to appeal
  • You can reapply later with more documentation
  • You might explore New Zealand or other countries with looser restrictions

Sometimes, the decision is final. Other times, you just need to wait a few more years and strengthen your application.

Alternative Destinations with Easier Rules for Felons

If Australia feels out of reach for now, here are some countries that are more lenient toward felons:

  • Mexico (no criminal record questions on tourist visa)
  • Dominican Republic
  • Costa Rica
  • Colombia
  • Thailand (depends on country of origin)
  • Cambodia and Vietnam

Still—always check with the destination’s immigration office first. Rules can change.

Final Thought

Traveling to Australia with a felony conviction isn’t impossible—but it does require honesty, preparation, and patience. Australia takes criminal history seriously, but if you’ve turned your life around and can prove it with proper documents and character references, you may still get approved. The key is full disclosure and showing that you’re no longer a risk. Many felons have successfully visited Australia—you just need to be smart, transparent, and thorough in your application.

FAQs

Can a felon go to Australia for vacation?

Yes, but only if they pass the Character Test and get visa approval.

Do I need to disclose my criminal history?

Absolutely. Failure to do so may result in visa denial or permanent ban.

What documents should I prepare?

Court records, police clearances, rehab certificates, character references, personal statement.

Can I get permanent residency with a felony?

Yes, in rare cases. But it requires a clean record since conviction, strong ties to Australia, and legal help.

Can I travel to Australia with a felony drug charge?

Only if the sentence was under 12 months and you can prove rehabilitation.

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ByJeremy Larry
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I’m Jeremy Larry, once enjoying a fulfilling career and life, then reshaped by a felony conviction. This pivotal moment drove me to help others facing similar challenges. Today, I dedicate my efforts to guiding felons in finding employment, housing, and financial aid through comprehensive resources and advocacy. My mission is clear: to provide a pathway to redemption and a second chance for those who seek it.
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ByJeremy Larry
Follow:
I’m Jeremy Larry, once enjoying a fulfilling career and life, then reshaped by a felony conviction. This pivotal moment drove me to help others facing similar challenges. Today, I dedicate my efforts to guiding felons in finding employment, housing, and financial aid through comprehensive resources and advocacy. My mission is clear: to provide a pathway to redemption and a second chance for those who seek it.

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