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?
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.
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:
Visa Type | Purpose | Felony-Friendly? |
Visitor Visa (subclass 600) | Tourism or short visit | Possible, 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 Australia | Challenging, especially for serious crimes |
Work Visa (varies) | Temporary or skilled work | Rare, depends on the sponsor and your record |
Permanent Residency | Long-term immigration | High 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.
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
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:
Time Since Conviction | Risk Level |
Less than 1 year | Extremely High |
1–5 years | High |
6–10 years | Medium |
10+ years | Low |
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.
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.