Criminal Convictions and eVisitor 651: When Condition 8528 Applies (2026)
How condition 8528 works on an eVisitor 651: what a cumulative 12-month sentence means, and what happens at the Australian border.
No — an eVisitor (subclass 651) is not the visa to travel on if you have a criminal conviction. Condition 8528, described in the Migration Regulations 1994 and in the Department's Procedural Advice Manual (PAM3) guidance for subclass 651, means you must not have a criminal conviction where the sentences imposed add up to 12 months or more. The Department of Home Affairs' official eVisitor (subclass 651) page (as at the October 2026 version) goes further: if you have a criminal conviction in any country, it tells you to apply for a Visitor visa (subclass 600) instead, and warns that arriving in Australia on an eVisitor with a criminal conviction can get you refused entry.
This article is general information about how the rule works, not advice on your own circumstances — for your situation, rely on the official pages and on advice from someone qualified to assess it personally. The wording of instruments and policy changes over time, so the current official text should always be treated as the final word.
What does condition 8528 actually require?
Condition 8528 is framed around the sentence, not the charge or the label of the offence. The PAM3 guidance for subclass 651 states it as a prohibition on holding a criminal conviction where the cumulative sentence reaches 12 months or more. "Cumulative" is the important word: separate terms of imprisonment are added together, so a series of short sentences across several convictions can reach the threshold even where no single sentence does.
Read the condition literally against your own record. If the terms of imprisonment imposed across all your convictions total less than 12 months, condition 8528 as described does not, on its face, exclude you. If they total 12 months or more, the 651 is built on a condition you cannot meet, and that is exactly the situation the Department's page is trying to steer you away from.
The same guidance notes that the character provisions are not limited to that arithmetic. The section 501 character test can apply to visa applicants generally, and people with records involving violence, sexual offences, domestic violence, war crimes or the promotion of hatred are flagged for referral to the specialist units the Department uses for these cases — referred to in the guidance as VACCU and CVU. So a sentence total below 12 months does not automatically make a case straightforward.
Why does the Department point you to the Visitor visa (subclass 600)?
Because the 651 is a light-touch, online visa with very little room to assess character. The PAM3 guidance describes low-risk applications as capable of being granted through computer-assisted decision making, with only higher-risk or more complex cases referred for manual assessment. Where an application discloses adverse information such as a criminal record, the guidance treats it as a case requiring additional attention and manual assessment, so do not assume a grant will issue without your history being considered.
That leaves the problem to surface later, at the worst possible moment: when you are standing at the Australian border with a non-refundable ticket. The subclass 600 is the visa the Department's own eVisitor page names as the alternative, and it is the route where a conviction is put in front of a decision maker as part of the application rather than discovered on arrival.
What happens if you arrive in Australia on a 651 with a conviction?
The official eVisitor page says you might be refused entry. That is the practical risk behind condition 8528: the visa in your passport is not a guarantee of admission, and a border officer who identifies a conviction can turn you back.
Separately, the Migration Regulations 1994 list the exclusion-period criteria 4013 and 4014 for this subclass, and they apply where an applicant has past visa non-compliance, such as a visa breach or overstay. The Department's page separately warns that a visa granted with incorrect information can lead to delays at the border or refusal of entry, which is another reason the accuracy of what you put in the form matters as much as the conviction itself.
If you still apply for a 651, what must you declare?
The official page sets out the obligations plainly. If you decide to apply for an eVisitor despite having a conviction, you must:
- declare all criminal conduct you have engaged in
- truthfully answer all questions
- provide all requested information, including details of the offence or offences and any fines or sentences imposed
The Department may also ask you to provide a police certificate. If documents are not in English, they need to be translated; translators in Australia must be accredited by the National Accreditation Authority for Translators and Interpreters (NAATI), and translators outside Australia must include their full name, address and telephone number, and their qualifications and experience in the language, in English on each translation.
Declare the matter even when the form does not seem to ask about it directly. The 651 also requires applicants to satisfy public interest criterion 4020, which covers false or misleading information and bogus documents, and the regulations list it among the criteria for this subclass. Non-disclosure is, in practice, a bigger problem than the conviction.
How do the 651 and the 600 compare on criminal history?
| Question | eVisitor (subclass 651) | Visitor visa (subclass 600) |
|---|---|---|
| What the Department says if you have a conviction | Apply for a 600 instead | The visa the Department's page names for this situation |
| Condition 8528 | Applies — no conviction with a cumulative sentence of 12 months or more | Not covered on the 651 page; check the official 600 page |
| Where the conviction is dealt with | Often not at all during processing; risk surfaces at the border | Dealt with in the application, before you travel |
| Review rights after refusal | The notice states whether a review is available | Not covered on the 651 page; check the official 600 page |
Treat the 600 column as a pointer rather than a full description: the details of that visa sit on its own official page, and the current published requirements govern.
What should you check before you book a flight?
Work through your record before you spend money on travel.
- List every conviction you have, in any country, including old ones.
- Write down the term of imprisonment imposed for each.
- Add those terms together.
- Compare the total with 12 months.
- If the total reaches 12 months, treat the 651 as unavailable to you.
- If it falls below 12 months, still expect to declare the convictions in any application.
- Wait for the written grant before you arrange travel.
- Keep a copy of the decision record with you while you are in Australia.
Steps 7 and 8 come directly from the Department's eVisitor page: you must be outside Australia to be granted the visa, and you should not book travel until the grant is confirmed in writing.
If the 651 is refused, what comes next?
The Department says it will tell you in writing why the visa was refused and whether you have a right to a review of that decision. The PAM3 guidance for subclass 651 records these decisions as not being Part 5–reviewable decisions, so do not assume a review will be available — read the notice you receive, since it is the document that governs your options.
The guidance also describes the Department's ability to invite further information or comment before a decision, with replies commonly expected within about seven days; if you receive such a request, the deadline in your own letter is the one that counts. A fresh application remains possible, but it has to address the reason for the earlier refusal rather than repeat it.
Frequently Asked Questions
What is condition 8528 on an eVisitor 651?
Condition 8528 is the rule that you must not have a criminal conviction where the sentences imposed add up to 12 months or more, as described in the Migration Regulations 1994 and the PAM3 guidance for subclass 651. It is one of the visa conditions attached to the 651, so a grant is made on the basis that you meet it. Check the current official wording, since instrument details change.
Does a conviction from another country count?
Yes. The Department's official eVisitor page refers to a criminal conviction in any country, not only convictions recorded in Australia. The page directs anyone with such a conviction to apply for a Visitor visa (subclass 600) instead.
Does the 12 months have to be a single sentence?
No. The threshold described is cumulative, meaning the terms of imprisonment across your convictions are added together. Several shorter sentences can therefore reach 12 months in total even where none of them does on its own.
Can I be refused entry even with a valid eVisitor?
Yes. The official eVisitor page states that if you arrive in Australia on an eVisitor with a criminal conviction, you might be refused entry. It also warns that a visa granted with incorrect information can cause border delays or refusal of entry.
Should I just apply for a subclass 600 instead?
That is what the Department's eVisitor page tells applicants with a conviction to do. The 600 is where the conviction is considered as part of the application, rather than left to be discovered at the airport. The requirements for that visa are set out on its own official page.
Do I need a police certificate for a 651?
The Department may ask you to provide one, according to the official eVisitor page. It is not described as automatic, but you should be ready to obtain one if requested.
What happens if my eVisitor is refused?
You will be told in writing, and the notice will state the reasons and whether you have a right to a review. The PAM3 guidance records 651 decisions as not Part 5–reviewable, so treat the notice as the starting point and check current official guidance before assuming a review is open to you.