Character problems and subclass 114 in 2026: when a criminal record blocks the visa
How the subclass 114 character requirement works, when police certificates are needed, and how a record affects everyone in the application.
A criminal record can block a subclass 114 (Aged Dependent Relative) visa, but it does so through the character requirement rather than through a separate "criminal record" rule. According to the Australian Department of Home Affairs' Aged Dependent Relative visa (subclass 114) official page, as at the August 2026 version of that page, you and any family members who apply with you must meet the Department's character requirement, and the Department might also ask that non-migrating family members meet it. The same page is unusually clear about timing: do not arrange police certificates until the Department asks you to.
Does a criminal record automatically make you ineligible?
The eligibility list does not name a criminal record as a standalone disqualification. It names the character requirement as one of the criteria you must satisfy, sitting alongside sponsorship, age, dependence, health, and any debt to the Australian Government. That distinction matters: having a record is a fact about your history, while failing the character requirement is the legal outcome that stops the visa.
Character problems are not a theoretical risk. The Department's procedural guidance (PAM3) lists a criminal record or security risk among the commonly recorded reasons a subclass 114 application is refused.
Under clause 114.223 of the Migration Regulations 1994, a primary applicant must satisfy a set of public interest criteria that includes PIC 4001 (character), PIC 4010 and PIC 4019 (police certificates for applicants who were 18 or over when they applied), and PIC 4020 (genuine information and no bogus documents). The clause numbers and wording above are those published in the Migration Regulations 1994.
This article explains how those rules are published and how they fit together. It is general information only, not advice about your own record or your family's circumstances, and character decisions turn on the detail of each case; check the Department's current pages or get advice from a qualified professional before you rely on anything here.
When do you actually have to arrange a police certificate?
Not at the start. In the document-gathering step, under "Character documents", the instruction is direct: do not arrange for police certificates until the Department asks you to. The same wait-for-the-request pattern runs through the rest of the process — the Department tells you if health examinations are needed, if biometrics (fingerprints and photo) are needed, and when to provide an assurance of support.
The practical reason is freshness. Police certificates are only useful to a decision-maker while they still reflect your current position, and subclass 114 is a paper application decided by the Parent, Child and Other Family Processing Centre in Perth after other criteria have been assessed. A certificate obtained early can be stale by the time anyone looks at it, which means paying twice and still waiting.
That does not mean character paperwork disappears from the checklist. For every dependant aged 18 or over applying with you, the checklist asks for character documents; for dependants under 18, character documents are listed as "if applicable". The rule is simply that you arrange police certificates when asked, rather than on your own initiative.
Who else in the family has to clear the character requirement?
More people than most applicants expect. There are three layers:
- Family members applying with you. Every one of them must meet the character requirement, not just the aged relative the visa is built around.
- Non-migrating family members. The Department states it might also ask that other non-migrating family members meet the requirement. Under clause 114.226(2) of the Regulations, a family member who is not applying for the visa must still satisfy PIC 4001 to 4004, and PIC 4005 (health) unless the Minister considers it unreasonable to require the assessment.
- Family members added later. If you add someone after lodgement using Form 1436, they must be in Australia at the time they are added, and they must show they meet both the health and character requirements.
So a character problem held by a relative who has no intention of moving to Australia can still become a problem for the person who does. That is the part families most often miss when they plan who goes on the form.
What happens if the Department finds a problem with your information or identity?
Character and honesty are linked in the criteria. PIC 4020 deals with providing genuine information and not supplying bogus or misleading material, and the Department's step-by-step page repeats the warning at two separate points: provide accurate information.
Identity failure carries the heaviest published consequences. If you cannot prove your identity, the Department will refuse the application, might not grant you another visa for 10 years, and might not grant any family members listed on your application a visa for 10 years either. If you later spot a mistake on a form you have already lodged, the correction route set out is Form 1023 Notification of incorrect answers.
Does your past immigration history count against you?
Yes, and separately from any criminal record. The Department says it will consider your immigration history when deciding the application, which means you might not be eligible if you have had a visa cancelled or a previous application refused. There are limits on that: the eligibility page points to published information about limitations on applications in Australia, and to the re-entry ban rules for people applying from outside Australia.
Subclass 114 must be applied for and decided while you are outside Australia, so the re-entry question is the one most applicants in this group run into.
What happens if the visa is refused on character grounds?
You get the decision in writing, and the Department will tell you why the visa was refused and whether you have a right to a review of that decision. Keep a copy of it. The application fee is not refunded if the application is refused.
The second instalment is only invoiced after you have met all the other requirements for the visa, so a character problem typically surfaces before that point — and the visa cannot be granted until the instalment is paid.
Frequently Asked Questions
Do I need a police certificate before I lodge a subclass 114 application?
No. The Department's own instruction in the character documents step is not to arrange police certificates until it asks you to. You lodge the paper application with Form 47OF and your identity, sponsor, relationship and dependence documents, then wait for the request.
Does a criminal record mean my application will be refused?
Not automatically, and not as a standalone rule. The published criterion is that you must meet the character requirement; a criminal record is relevant to whether you meet it, and character problems are among the commonly recorded refusal grounds for this visa. How a particular record is weighed is an assessment, not a fixed rule the visa pages set out.
Is there a waiver for the character requirement?
The subclass 114 pages set out the character requirement and the process for police certificates, but they do not describe a waiver mechanism for character the way health has its own assessment and waiver pathways. Anything beyond what the Department publishes should be confirmed against its current requirements.
Do family members who are not migrating with me have to be checked?
They can be. The Department says it might ask that other non-migrating family members meet the character requirement, and clause 114.226(2) of the Regulations requires non-migrating family members to satisfy PIC 4001 to 4004 plus PIC 4005 unless requiring the health assessment would be unreasonable.
Do children in the application need police certificates?
Dependants aged 18 or over have character documents on the required list. For dependants under 18, character documents are listed as "if applicable". PIC 4019, which covers police certificates, applies to applicants who were 18 or over at the time of application.
Can I add a family member later if they have a criminal record?
You can add family members before a decision using Form 1436, but the person must be in Australia when you add them and must show they meet both the health and character requirements. Adding someone does not bypass the character requirement.
Will I get my money back if the visa is refused?
No. The Department states it will not refund the application fee if the application is refused, and it will also tell you in writing why the visa was refused and whether you have review rights.