Last updated: 1 April 2026

Character Requirement for Australia Visa: What You Need to Know

Every applicant for an Australian visa — including permanent residency in Australia — must satisfy the character requirement under section 501 of the Migration Act 1958. This is not optional. The character test applies to all visa subclasses, all applicants (including dependants aged 16 and over), and is assessed at the point of visa decision. The Department of Home Affairs can also reassess character after visa grant, including cancelling a visa on character grounds years after it was issued.

This guide explains how the character test works, what constitutes a “substantial criminal record,” how domestic violence and association with criminal organisations are assessed, and the process for requesting a character waiver if you do not pass the test. For the practical step of obtaining the documents needed to demonstrate character, see police clearance for Australia PR.

What Is the Character Test

The character test is defined in section 501(6) of the Migration Act 1958. A person does not pass the character test if any of the following apply: they have a substantial criminal record as defined in section 501(7), they have been or are a member of a group or organisation that the Minister reasonably suspects of involvement in criminal conduct, their past and present general conduct demonstrates they are not of good character, there is a significant risk they would engage in criminal conduct in Australia, there is a risk they would harass, molest, intimidate, or stalk another person, there is a risk they would vilify a segment of the Australian community, or they have been assessed by the Australian Security Intelligence Organisation as directly or indirectly a risk to security.

The character test is broad by design. It does not rely solely on criminal convictions. The “past and present general conduct” criterion allows the Department to consider behaviour that did not result in a criminal charge but nonetheless indicates poor character. This can include documented dishonesty in previous visa applications, evidence of involvement in exploitation of workers, or persistent anti-social behaviour documented by credible sources. The test gives decision-makers wide discretion to refuse a visa based on their assessment of the applicant’s character.

For most PR applicants following the skilled migration pathway, the character requirement is satisfied by providing police clearance certificates showing no disqualifying criminal record. The overwhelming majority of applicants pass this requirement without difficulty. However, understanding the full scope of the test is important in case any aspect of your history may raise concerns. The character test is one of the core Australia PR requirements.

Substantial Criminal Record: The Definition

Section 501(7) of the Migration Act defines a “substantial criminal record” with specific thresholds. A person has a substantial criminal record if they have been sentenced to death (regardless of whether the sentence was carried out), sentenced to imprisonment for life, sentenced to a term of imprisonment of 12 months or more, sentenced to two or more terms of imprisonment where the total is 12 months or more, or acquitted of an offence on the grounds of unsoundness of mind with the person being detained in a facility or institution.

Several important details apply to this definition. Suspended sentences count — if you received a 12-month prison sentence that was fully suspended, you still have a substantial criminal record under this definition. Cumulative sentences count — two separate 6-month sentences total 12 months, which triggers the threshold. The type of offence does not matter for this definition — it is the length of the sentence that determines whether the record is “substantial.” A fine-only sentence, a good behaviour bond without conviction, or a community service order does not constitute imprisonment and therefore does not count towards the 12-month threshold.

Criminal Record Thresholds

Not all criminal records affect the character test equally. The Migration Act and associated policy guidelines create a hierarchy of concern. At the lowest level, minor infringements such as parking fines, low-level speeding offences, and other regulatory breaches do not affect the character assessment. These should still be disclosed if asked, but they do not trigger any further assessment.

Convictions that resulted in fines, community service, or good behaviour bonds (without imprisonment) are considered but are unlikely to result in character test failure for skilled migration applicants unless the nature of the offence is particularly concerning — for example, fraud, dishonesty, or violence. The decision-maker considers the nature and severity of the conduct, how long ago it occurred, and whether there is evidence of rehabilitation.

Convictions resulting in imprisonment of less than 12 months do not create a “substantial criminal record” under the Migration Act definition but are still relevant to the general character assessment. The Department can still refuse a visa based on conduct concerns even if the formal substantial criminal record threshold is not met. The critical distinction is that a substantial criminal record creates a legal presumption against the applicant, requiring the decision-maker to exercise discretion to grant the visa despite the record.

Domestic Violence and Character Assessment

Family and domestic violence receives particular attention under the character requirement framework. Ministerial Direction 99, which provides binding guidance to decision-makers exercising discretion under section 501, lists family violence as a primary consideration. This means the decision-maker must give it significant weight when assessing whether to grant or refuse a visa on character grounds.

Domestic violence can be relevant to the character assessment even without a criminal conviction. Evidence of family violence can include apprehended violence orders (AVOs) or domestic violence orders (DVOs), police reports of domestic incidents, evidence from family violence services, court findings in family law proceedings, and credible witness statements. The Direction recognises that domestic violence frequently goes unreported and under-prosecuted, and instructs decision-makers to consider the broader evidence of conduct.

For applicants with a history of domestic violence — whether as a conviction, an order, or documented conduct — the character assessment will consider the severity and frequency of the violence, the harm caused or risk of harm to victims, the applicant’s acknowledgment of their behaviour, and evidence of participation in behaviour change programmes. Domestic violence is taken particularly seriously when there are children involved, as the best interests of minor children in Australia is also a primary consideration under Direction 99.

Deportation History and Prior Visa Cancellations

If you have previously been deported from any country or had a visa cancelled on character grounds, this history is directly relevant to the Australian character test. A prior deportation from Australia is particularly significant — it triggers mandatory disclosure requirements and may result in a ban on future visa applications for a specified period (typically 3 years for a deportation order, or permanently for certain cancellations).

Deportation from other countries is assessed in context. The decision-maker considers the reason for deportation, the country involved, and whether the deportation was for criminal conduct or other reasons (such as overstaying or administrative non-compliance). A deportation for serious criminal conduct in another country carries significant weight. A deportation for administrative visa non-compliance carries less weight but is still considered as part of the overall character assessment.

Prior visa refusals on character grounds in any country must be disclosed in your Australian visa application. Failure to disclose a prior refusal is itself a character concern — providing false or misleading information in a visa application is a ground for refusal and can result in a ban on future applications.

Association with Criminal Organisations

Section 501(6)(b) provides that a person does not pass the character test if they have been or are a member of a group or organisation, or have had or have an association with a group, organisation, or person that the Minister reasonably suspects of involvement in criminal conduct. This criterion does not require that the applicant has personally committed a crime — association alone can be sufficient.

“Association” is interpreted broadly. It can include formal membership of an organisation (such as an outlaw motorcycle gang), informal association through regular contact or activities, financial connections, or participation in the organisation’s events or communications. The Department relies on intelligence from law enforcement agencies to identify associations with criminal groups. The criterion is particularly applied to persons associated with outlaw motorcycle gangs, transnational crime organisations, and terrorist organisations.

If you have any prior association with a group that could be considered criminal, full and frank disclosure is advisable. Attempting to conceal an association that is later discovered by the Department will be treated far more seriously than voluntary disclosure. If the association was in the past and you have since severed all ties, evidence of the severance (including police statements, character references, and evidence of changed lifestyle) can support your case.

Ministerial Direction 99

Ministerial Direction 99 (Direction under Section 499 — Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA) is the current binding direction that guides decision-makers when exercising discretion under the character provisions. It replaced Direction 90 in January 2023 and applies to all section 501 decisions made after that date.

Direction 99 establishes a hierarchy of considerations. The primary considerations are: protection of the Australian community from criminal or other serious conduct, whether the conduct involved family violence, and the best interests of minor children in Australia. Other considerations include international non-refoulement obligations, the strength and nature and duration of the person’s ties to Australia, the impact on victims, the impact on family members in Australia, and the extent of impediments if the person is removed.

The Direction gives “greatest weight” to the protection of the Australian community. This means that even if an applicant has strong family ties, long residence, and children in Australia, community protection can still outweigh these factors if the conduct is sufficiently serious. The Direction signals a stricter approach to character-based visa decisions compared to its predecessors, with an emphasis on public safety and community expectations.

Character Waiver Process

If you fail the character test, a visa is not automatically refused. The decision-maker has discretion to grant the visa despite the character test failure if satisfied it is in the national interest to do so. This is colloquially known as a “character waiver,” though the formal process is an exercise of ministerial discretion.

The process works as follows. If the Department intends to refuse your visa on character grounds, they issue a “notice of intention to consider refusal” under section 501. This notice sets out the reasons for the character concern and invites you to respond. Your response must address each concern raised and provide evidence supporting why the visa should be granted despite the character test failure. There is no separate waiver form — the response to the notice is your opportunity to make the case.

Your response should address all considerations in Direction 99, with particular focus on evidence of rehabilitation and behavioural change, the length of time since the offending conduct, community ties and contributions, impact on family members (especially children) if the visa is refused, and any other compelling or compassionate circumstances. Supporting documentation should include psychological or psychiatric reports, character references from credible persons, evidence of community participation, evidence of stable employment, and certificates from rehabilitation programmes.

Engaging a registered migration agent or immigration lawyer at this stage is strongly recommended. Character waiver submissions are complex legal documents that must address specific legislative criteria. For the practical aspects of gathering supporting documentation, see the PR application checklist. The overall process of how to get PR in Australia involves character as one of several parallel requirements alongside health, skills, and English language. Understanding the full Australia PR costs helps you budget for legal assistance if character concerns arise.