Can You Visit Australia With a Criminal Record From the UK?
It can be possible, but usually not on the free eVisitor. Home Affairs says that if you have a criminal conviction in any country, you should apply for a Visitor visa (subclass 600) and provide evidence about your convictions. That covers UK drink-driving convictions, and you shouldn't assume a conviction that is now spent is excluded. What matters most is what you declare and how well you document it.
Independent guide — not a government service. Australian Visa Online is an independent information resource. We are not affiliated with the Australian Government or the Department of Home Affairs, and we do not lodge applications on your behalf.
Most British visitors use the eVisitor, which our Australian tourist visa guide for UK citizens explains. This page is for readers with something on their record. For the general rules on any nationality, see our explainer on criminal records and Australian visas.
Quick facts
| Question | Answer |
|---|---|
| Home Affairs' advice if you have a conviction | Apply for a Visitor visa (subclass 600) and "provide evidence about your criminal convictions" |
| Arriving on an eVisitor with a conviction | "you might be refused entry" |
| Subclass 600 cost | From $250 (AUD) per person, Tourist stream applied for outside Australia |
| Subclass 600 processing | Tourist stream: 50% in 18 days, 90% in 38 days (Home Affairs tool) |
| Spent convictions | Form 80 asks about convictions "including any conviction which is now removed from official records" |
| Legal basis | Section 501 of the Migration Act 1958 (the character test) |
| UK police certificate | ACRO Criminal Records Office, if Home Affairs asks for one |
What Australia asks, and where
The same history can come up at several points.
- In the application. Home Affairs' character page says that when you apply for any visa you must declare criminal conduct you've been "charged with that is awaiting legal action in any country" and "convicted of in any country".
- On the eVisitor specifically. If someone with a conviction still applies for an eVisitor, they must "declare all criminal conduct you have engaged in" and give "details of the offence/s and any fines or sentence/s imposed".
- In the ETA app (if you use the ETA instead). Home Affairs says the app's questions include "whether you have any criminal convictions", and that applicants must declare "any criminal conviction or domestic violence history".
- On Form 80, if Home Affairs requests it. This is the character-assessment form ("Personal particulars for assessment including character assessment"). Its Question 36 asks whether you have ever been charged with an offence awaiting legal action, "been convicted of an offence in any country (including any conviction which is now removed from official records)", been charged or convicted of family or domestic violence offences, or been the subject of a protection order or arrest warrant, among other things. Question 39 asks: "Have you ever been refused a visa to any country?"
- On the plane. The Incoming Passenger Card asks about "any prior criminal convictions", and for non-citizens "providing false information can affect their visa status".
Your answers need to match at every point.
UK law vs Australian forms: spent convictions and cautions
This is where UK and Australian rules differ most, and where a British applicant can answer "no" in good faith and still be wrong.
Spent convictions. Under UK law, most convictions and cautions become "spent" after a set time, and a spent conviction is no longer on your basic criminal record. But GOV.UK's guidance on this is about what you have to tell employers, colleges, insurers and landlords in the UK. Australia sets its own questions. Form 80 asks about convictions "including any conviction which is now removed from official records". And the Migration Act only sets a conviction aside if it has been quashed or otherwise nullified, or if you've been pardoned in a way that means you're "taken never to have been convicted". Spent convictions aren't in that list. So don't assume a spent UK conviction lets you answer "no".
Cautions. GOV.UK says: "A caution is not a criminal conviction". It also says that to get one "you have to admit an offence and agree to be cautioned." The Australian questions use different words in different places: "convictions" on some, "all criminal conduct you have engaged in" on the eVisitor. Read the exact wording of each question. If the words reach your caution, answer yes. If you can't tell, the subclass 600 route lets you explain in writing instead of guessing at a yes/no box.
Fixed penalties. GOV.UK says fixed penalty notices and penalty charge notices for minor driving offences "will not appear on your criminal record unless a court gives you a conviction because of one."
Scotland and Northern Ireland. GOV.UK notes the rules on spent convictions and cautions are different there. The Australian questions are the same wherever your record comes from.
Drink-driving convictions from the UK
In the UK, drink-driving goes to court. GOV.UK's guidance on criminal records gives "speeding or drink driving" as its examples of a driving offence a court might convict you of. For driving over the limit, the court can impose up to "6 months' imprisonment, an unlimited fine" and "a ban from driving for at least 1 year".
On the Australian side, none of the Home Affairs or Border Force pages we checked treats drink-driving separately. The rule that applies is the general one: a criminal conviction in any country means Home Affairs advises a subclass 600.
Two things follow for a typical UK drink-driving conviction:
- It still counts after it's spent. GOV.UK says a fine with an endorsement becomes spent 5 years after you got it if you were 18 or over. That changes what a UK employer can ask you. It doesn't change what Form 80 asks.
- It usually isn't a "substantial criminal record". That term covers prison sentences of 12 months or more (see below). A fine and a driving ban aren't prison sentences. But Home Affairs can also consider your general conduct, and no official page says how a drink-driving conviction is treated, so nobody can promise you an outcome.
The "substantial criminal record" line
The Migration Act says you have a substantial criminal record if you've been sentenced to:
- death, or imprisonment for life
- a term of imprisonment of 12 months or more
- two or more terms of imprisonment that add up to 12 months or more (concurrent sentences are counted in full)
It also covers some findings of unsoundness of mind or unfitness to plead. Home Affairs says: "You will not pass the character test if you hold a substantial criminal record. If you don't pass the character test, you will not get a visa to enter Australia." Its character page also says "the Minister can choose to grant your visa" even where the requirements aren't met, after considering "all circumstances of a case". Failing the test isn't limited to prison sentences either: your "past and present criminal or general conduct" can count.
If any sentence of imprisonment is involved, including a suspended one, speak to a registered migration agent or an Australian lawyer before you apply. The same goes for anyone unsure how their own record fits these rules: this page is general information, not legal advice. Home Affairs says that in Australia it is illegal for anyone other than a registered migration agent or an Australian legal practitioner to give paid immigration assistance. Our guide to finding a registered migration agent explains how to check the register.
The subclass 600 route, step by step
- Gather your conviction evidence. Form 80 asks anyone who answers yes to "give details, including the date of the charge, the outcome and any penalty imposed" and to "attach court documents (for example sentencing remarks or court transcripts)". Having these ready before you start avoids a scramble if Home Affairs asks.
- Apply in ImmiAccount. The Tourist stream costs from $250 per person, and Home Affairs won't process the application until the fee is paid. Check the 2026 visa fee schedule for other streams.
- Show you're a genuine visitor. The official list includes bank statements for a 3-month period, a letter from your employer saying you'll return to your job, and your plans while in Australia. Our Visitor visa (subclass 600) guide covers this in full.
- Wait before you book. The processing tool shows 50% of Tourist-stream applications in 18 days and 90% in 38 days, but a character assessment can take longer. Home Affairs recommends that offshore applicants "do not finalise travel plans until they know the outcome of their character assessment."
- Read the decision letter. If a visa is refused, Home Affairs says it will tell you why in writing and "whether you have a right to a review of the decision". Our guide to a refused Visitor visa 600 covers the next steps.
Police certificates for UK residents
For the UK, Home Affairs' country entry names the ACRO Criminal Records Office (acro.police.uk) as the issuer. You provide a police certificate only if Home Affairs asks. It says that will "usually be if you are over the age of 17" and have lived in a country "for at least 12 months in the past 10 years".
A few rules worth knowing:
- Validity. Police certificates are valid for 12 months from the issue date, so don't get one years ahead.
- Coverage. A certificate must cover the time from when you turned 16, or the whole time you were in that country.
- Other countries. If you've lived abroad for 12 months or more in the past 10 years, you may be asked for that country's certificate too.
Visa refusals by other countries
Form 80's Question 39 asks whether you have "ever been refused a visa to any country". Declare a past refusal, and use the subclass 600 to explain what happened and what has changed.
Why the lie is the real risk
Declaring and documenting an old conviction puts you in a far better position than hiding it. Home Affairs says, for the ETA: "If you do not provide accurate information, we may cancel your ETA." For the eVisitor: "If you arrive in Australia on an eVisitor with a criminal conviction, you might be refused entry." And Form 80 warns that "fraudulent documents or claims" may lead to "processing delays and possibly your application being refused."
Declaring an old drink-driving conviction means extra paperwork. Hiding one, and having it found later, is a much bigger problem.
If your partner or children are travelling with you, their visas are separate from yours. Our guide to visiting Australia as a UK family explains how to time everyone's applications around a 600. Our pre-trip checklist for travelling to Australia from the UK covers the rest of the journey.
Frequently Asked Questions
Can I go to Australia with a drink-driving conviction from the UK?
Possibly. Home Affairs doesn't publish separate drink-driving guidance, so the general rule applies: with a criminal conviction in any country, apply for a Visitor visa (subclass 600) and provide evidence about it. A fine and a driving ban are not the prison sentence of 12 months or more that defines a substantial criminal record.
Do I have to declare a spent conviction on an Australian visa application?
Assume yes. Form 80, the character form Home Affairs may ask for, covers convictions "including any conviction which is now removed from official records". The Migration Act only disregards convictions that were quashed, nullified or pardoned so you're taken never to have been convicted. The UK spent rules cover employers, colleges, insurers and landlords.
Do I need to declare a police caution?
Under UK law a caution is not a conviction, but you must admit an offence to receive one. Australian questions vary: some ask about convictions, while the eVisitor asks about "all criminal conduct you have engaged in". Read each question's exact wording and answer truthfully. If you're unsure, the subclass 600 lets you explain.
Can I use the free eVisitor if I have a criminal record?
Home Affairs advises against it: "If you have a criminal conviction in any country, apply for a Visitor visa (subclass 600) instead." If you still apply for an eVisitor, you must declare all criminal conduct and you may be asked for a police certificate. Arriving on an eVisitor with a conviction can lead to refusal of entry.
Will I need an ACRO police certificate?
Only if Home Affairs asks for one. It names the ACRO Criminal Records Office as the UK issuer. Requests usually go to applicants over 17 who have lived in a country for at least 12 months in the past 10 years. A certificate is valid for 12 months from its issue date.
What happens if I don't declare a conviction?
You risk far more than the conviction itself. Home Affairs may cancel an ETA granted on inaccurate information, can refuse entry to someone who arrives on an eVisitor with a conviction, and warns that false claims can lead to refusal. The arrival card asks about convictions again, and false answers there can affect your visa status.
