Every Australian visa applicant must meet the character requirement. This doesn't mean you need a clean record — but it does mean your history will be examined. Here's what you need to know.
What Is the Character Requirement?
Section 501 of Australia's Migration Act requires all visa applicants to satisfy the "character test." Failing this test — or being deemed likely to fail it — can result in visa refusal or cancellation, even for applicants who are otherwise fully eligible.
The character requirement is not simply about having no criminal convictions. It is broader than that.
What Does "Failing the Character Test" Mean?
You do not meet the character requirement if you:
Have been sentenced to 12 months or more imprisonment (even if partially suspended or served on a community order)
Have a substantial criminal record as defined by the Act (including multiple offences that total 12 months imprisonment)
Have been acquitted of a serious offence on grounds of insanity or mental impairment
Have been convicted of a sexually based offence involving a child
Have been a member of a group that the Minister reasonably suspects is involved in criminal conduct
Have been associated with people involved in crime in a way that raises character concerns
Minor or historical offences do not automatically disqualify you, but they must be disclosed.
Do I Need a Police Clearance?
Yes, for most Australian visa applications, you will need to provide a police clearance certificate from every country where you have lived for 12 months or more in the past 10 years (after turning 16).
For South Africans: the South African Police Service (SAPS) issues a Police Clearance Certificate. This takes 4–8 weeks and must be apostilled if submitted outside South Africa.
Clearances from other countries may need to be translated into English.
What if I Have a Criminal Record?
Having a criminal record does not automatically mean your visa will be refused. The Department assesses:
The nature and seriousness of the offence
How long ago it occurred
Your behaviour since the offence
Your ties to family in Australia
The risk of reoffending
The impact on the Australian community
Applicants with historical minor offences — particularly older ones — are often approved, especially if they can demonstrate strong rehabilitation and positive community contribution since.
When Should You Disclose?
Always. Failing to disclose a criminal history when directly asked is treated as a serious integrity issue and can result in permanent bars on future visa applications. Honest disclosure with context is always the better approach.
What About Health Requirements?
Alongside character, all applicants must meet Australia's health requirement. This involves a medical examination with an authorised panel doctor and typically includes a chest X-ray (for adults) and blood tests where relevant. Conditions like HIV or tuberculosis receive specific treatment under the health assessment framework.
NWI works with migration agents experienced in character and health-related visa applications to ensure your case is presented in the strongest possible way.