Can Canadians Visit Australia With a DUI or Criminal Record?
It depends on your record, but a DUI or other conviction changes the route. Instead of the quick ETA, 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. Declare everything, apply early, and expect a longer wait.
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 Canadian visitors use the ETA, as our ETA guide for Canadian citizens explains. This page is for the smaller group who have a conviction, a pending charge or an old record they're unsure about. If you have none of those, our pre-trip checklist for Canadians covers the normal route. Nothing here is legal advice, and no outcome is guaranteed either way.
The short answer, situation by situation
| Your situation | What the official pages say |
|---|---|
| Conviction in any country, including Canada | Apply for a Visitor visa (subclass 600) and provide evidence about the conviction |
| Charge awaiting a court outcome | Must be declared on any visa application |
| Impaired-driving (DUI) conviction | No DUI-specific Australian guidance; the any-conviction rule above applies |
| Record suspension (pardon) | Form 80 asks about convictions "now removed from official records"; get advice before you answer (see below) |
| Sentence of 12 months or more in total | "Substantial criminal record" under the Migration Act |
| No convictions, no charges | The ETA is the normal route |
What Australia asks about your record
You'll meet the question more than once, so you need one honest answer that you give everywhere.
In the ETA app. The app asks "some questions, including whether you have any criminal convictions". Home Affairs says you must declare "any criminal conviction or domestic violence history", and warns: "If you do not provide accurate information, we may cancel your ETA."
On any visa application, including the 600. Home Affairs says you must declare all criminal conduct you have been "charged with that is awaiting legal action in any country" or "convicted of in any country", answer all questions truthfully, and provide all requested information.
On the plane. The Incoming Passenger Card that arriving travellers sign includes questions on "any prior criminal convictions". The Border Force says that for non-citizens, "providing false information can affect their visa status."
If Home Affairs asks for more. It may send you Form 80, its character-assessment form. Form 80 asks whether you have "been convicted of an offence in any country (including any conviction which is now removed from official records)".
Impaired driving in Canada and the Australian question
In Canada, impaired driving is a criminal matter. The Department of Justice Canada says "The Criminal Code prohibits driving while impaired to any degree by drugs, alcohol, or a combination of both" and calls impaired driving "a serious crime that poses a significant threat to public safety." Parliament's reforms to these laws received Royal Assent on June 21, 2018, and Justice Canada says they "increase some minimum fines and maximum penalties." Justice Canada also notes that "provinces and territories have additional laws or regulations that may apply."
Australia's side is simpler than people expect. We found no Home Affairs or Border Force page that treats DUI separately. The rule is the general one: a criminal conviction in any country means Home Affairs says you should apply for a subclass 600 and provide evidence. So the question to answer for yourself is not "was it only a DUI?" but "was I convicted of an offence?"
If you aren't sure what your record shows, for example because a matter was dealt with at the roadside, went to court years ago, or ended without a conviction, find out before you apply. Your court documents or a criminal record check will tell you more than memory will.
Record suspensions (pardons) and old convictions
This is the part to get right, so here is exactly what the official texts say.
The Parole Board of Canada says a record suspension "does not erase a convicted offence, but sets it aside" and "does not guarantee entry or visa privileges to another country." It removes the record from the Canadian Police Information Centre database, so a CPIC search won't show it.
Australia's Form 80 asks about convictions "including any conviction which is now removed from official records". Separately, section 501(10) of Australia's Migration Act disregards a conviction for the character test only if "the conviction concerned has been quashed or otherwise nullified", or if the person "has been pardoned in relation to the conviction concerned" and "the effect of that pardon is that the person is taken never to have been convicted of the offence."
Whether a Canadian record suspension has that legal effect is a legal question we won't decide for you. Ask a registered migration agent or an Australian legal practitioner before you answer any conviction question on the basis that your record is "gone". Home Affairs notes that in Australia only an agent registered with the Office of the Migration Agents Registration Authority (OMARA) or an Australian legal practitioner can give paid immigration help. Our guide to finding a registered migration agent explains how to check.
Why the subclass 600 is the route
The ETA page is direct: "If you have a criminal conviction in any country, we will need more information from you. You should apply for a Visitor visa (subclass 600) and provide evidence about your criminal convictions." The wording is "should apply", not "you are banned", and it doesn't say an ETA would be automatically refused. It points you to the visa where you can provide evidence about your record.
What the 600 involves for a Canadian applicant:
- Where: online through ImmiAccount, not the ETA app.
- Cost: the Tourist stream applied for outside Australia costs from AU$250. Other costs such as police certificates can apply on top.
- Time: Home Affairs' processing-times tool shows 50% of Tourist stream applications processed in 18 days and 90% in 38 days. Character assessments can take longer, and Home Affairs says it "will not prioritise a case because you have made travel arrangements."
- Evidence: the 600 checklist asks for character documents such as "any military service record or discharge papers, if applicable" and says "We may ask you to provide a police certificate." Court records showing the charge, conviction and sentence, and that the sentence was completed, are sensible to have ready.
Our Visitor visa subclass 600 guide covers the streams and application in full. If family members are travelling with you on ETAs, our guide to Canadian families on mixed passports shows how to time everyone's applications around the 600.
Police certificates for Canadians
You don't send a police certificate unless you're asked. Home Affairs says a request "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 certificate must cover the time from when you turned 16 up to the issue date, or the whole time you were in that country, and it's valid for 12 months from issue.
For Canada, Home Affairs' country entry lists the Royal Canadian Mounted Police (RCMP), website rcmp.ca, phone +1 613 993 7267. If you've lived 12 months or more in another country in the last 10 years, that country's certificate may be requested too.
How serious is serious? The legal thresholds
Australia's character test is in section 501 of the Migration Act 1958. You have a "substantial criminal record" if, among other things, you've been sentenced to a term of imprisonment of 12 months or more, or to two or more terms totalling 12 months or more. Concurrent terms count in full.
Home Affairs says "You will not pass the character test if you hold a substantial criminal record". It also says, on its character page, that it considers "all circumstances of a case" and that "the Minister can choose to grant your visa" even when the requirements aren't met. And a record below the threshold can still be looked at: the test also covers whether your "past and present criminal or general conduct shows that you are not of good character". So neither a clean pass nor a refusal is automatic. Our character test explainer covers the other grounds.
Refusals by other countries
If another country, for example the United States, has refused you entry or a visa because of the same record, keep your answers consistent across every form that asks about your immigration history. We can't confirm the exact wording of the ETA app's questions, so read each one carefully and answer what it actually asks.
Why an honest "yes" is the safer answer
A declared conviction gets assessed. An undeclared one that comes to light can cost you the visa itself: Home Affairs says it "may cancel your ETA" for inaccurate information, and that it "may deny you entry into Australia if you have criminal convictions or charges in Australia or overseas." Declaring may mean a longer application; hiding it puts the visa itself at risk.
A calm plan for a Canadian with a record:
- Get your facts: dates, charges, outcome and sentence for every matter, from court documents where you can.
- If there's a record suspension, pending charge or complex history, speak to a registered migration agent before applying.
- Apply for the subclass 600 in ImmiAccount and upload your evidence.
- Don't book non-refundable travel until the visa is granted in writing.
- Answer the passenger card on arrival the same way you answered the visa.
Frequently Asked Questions
Can I get an ETA with a DUI from Canada?
Home Affairs doesn't say a conviction makes you ineligible for the ETA. It says anyone with a criminal conviction in any country "should apply for a Visitor visa (subclass 600) and provide evidence". In Canada, impaired driving is an offence under the Criminal Code, so a DUI conviction falls under that advice.
Do I have to declare a DUI that led to a record suspension?
Don't assume you can answer "no". Australia's Form 80 asks about convictions "including any conviction which is now removed from official records", and the Parole Board of Canada says a record suspension does not erase a conviction. Whether yours counts under Australian law is a question for a registered migration agent.
Will a single DUI stop me visiting Australia?
There's no official Australian guidance on DUI specifically, so nobody can promise an outcome. Home Affairs considers all circumstances. A sentence of 12 months or more in total is a "substantial criminal record", which fails the character test, though the Minister can still choose to grant a visa.
Do I need an RCMP police certificate for an Australian visitor visa?
Only if Home Affairs asks for one. Requests usually go to applicants over 17 who have lived in a country for at least 12 months in the past 10 years. For Canada, Home Affairs lists the RCMP (rcmp.ca, +1 613 993 7267). Certificates are valid for 12 months from issue.
I have a charge that hasn't gone to court yet. What do I declare?
Home Affairs says you must declare criminal conduct you've been "charged with that is awaiting legal action in any country". Declare the pending charge on your application and provide what's asked. Character assessments can take time, so don't finalise travel until you have a decision.
How long does a Visitor visa 600 take with a criminal record?
The processing-times tool shows 50% of Tourist stream applications processed in 18 days and 90% in 38 days, but those figures cover all applicants. Home Affairs recommends not finalising travel until your character assessment is complete, and says it won't prioritise a case because travel is booked.
