VISITING COUNTRIES WHILE HAVING A CRIMINAL RECORD? WILL MY CRIMINAL CONVICTION STOP ME?Â
Former Prime Minister, The Hon Tony Abbott AC often states that Australians have won the lottery of life by being able to call Australia home. Few, if any Australians would disagree. Where else would one want to live other than this beautiful country of ours?
Nevertheless, Australians are known to still enjoy travelling overseas for a holiday.
People often consider financial constraints and work commitments when determining when and where to go for an international holiday. However, it is important to also know that criminal records are considered by foreign countries in determining the eligibility of visitors to enter their country. This can make travel quite challenging for people with a criminal record, particularly for holidays where a visitor intends to travel through multiple countries and countries with strict rules.
If you or someone you know have a criminal record and are looking to travel, you will need the advice of an immigration lawyer, so that they may navigate the complexities for you and establish which countries you may and may not visit at this stage and any special approval you may require. They may also explore whether your criminal record may be cleared, although this doesn’t necessarily mean that immigration authorities in other countries would not be aware of any criminal history.
POPULAR TOURIST DESTINATIONS AND THEIR RULES PERTAINING TO CRIMINAL RECORDS
Different countries have different sets of rules pertaining to allowing visitors with criminal records to visit. It is important to understand each country’s rules before travelling. Here we explore the rules for some of the most popular tourist destinations that Australians love to travel to.
UNITED STATES OF AMERICA
The US ranked in the top five destination countries for Australians in 2023-24, alongside Indonesia, New Zealand, Japan and the UK. In 2023, Australian visitors to the US ranked 10th in the list of foreign visitors to the US, with 954,000 Australia visitors to the US that year. This was a significant increase of 48.7% from the previous year.
The US immigration law with respect to determining whether to allow visitors with criminal convictions to visit their country is not black and white and large discretion is provided to visa adjudicators, with US border officials also having the authority to conduct background checks and refuse entry.
With few exceptions, visitors who hold a criminal record will not be allowed to enter the US without obtaining a waiver of ineligibility. A history of arrest or criminal conviction is very likely to make an application to visit more complex and time-consuming. Anyone convicted of fraud, theft or violent crimes can expect to find it difficult to visit the US, although if you were sentenced for less than one year you have more chance compared to if you served a longer sentence.
Following the election of US President Donald Trump, expect the rules to become stricter and be enforced more stringently.
CANADA
Admissibility in Canada for visitors with a criminal record is determined by the Canadian law that the foreign criminal offence relates to. If the equivalent offence in Canada is considered indictable, the visitor may be found criminally inadmissible to the country and refused entry. If the equivalent Canadian criminal offense is a summary offense, the visitor may be considered admissible and permitted entry into the country. Those who would otherwise be refused entry may seek an exemption.
JAPAN
Unless otherwise provided special approval or an exemption, anyone who has been convicted of a crime and has been sentenced to a term of imprisonment for one year or more, other than for those convicted of a political offence, will be denied entry into Japan. This prevention also applies to certain narcotics and prostitution-related offences.
CONTACT US NOW
Finding yourself stuck at the airport, detained or refused entry when attempting to visit a foreign country can be an expensive and tiring process. It can also attract negative media attention. If you or someone you know have been charged and want to avoid a criminal conviction and are looking to travel overseas, contact our specialised criminal lawyers at Criminal Lawyers Group for a free consultation so that we can ensure you obtain only the best result in your criminal case.