Do I need a lawyer or a migration agent?

Many visa applications are lodged directly. A registered migration agent or immigration lawyer helps with complex or refused matters.

What is a Section 48 bar?

It limits the visas you can apply for while unlawfully in Australia after a refusal or cancellation. A professional can map your options.

Can I appeal a refused visa?

Often yes — the Administrative Appeals Tribunal reviews many decisions, but strict time limits apply.

Can past offences block an Australian 407 training visa in 2026?

How the character requirement applies to a Subclass 407 training visa in 2026, what documents trigger checks, and when legal advice matters.

Past offences do not automatically rule out a Training visa (Subclass 407). Under the Department of Home Affairs Training visa (Subclass 407) official page, as at the August 2026 version of that page, a criminal record is not listed as an automatic bar. What the page does require is that you — and family members aged 16 and over who apply with you — meet the character requirement, and that you supply the police certificates and personal particulars forms the Department uses to make that assessment. The risk lies less in the existence of a record than in what the paperwork reveals, whether it is complete, and whether your answers match it. This article explains the rule in general terms; it is not advice about your own circumstances, and where a record is involved the safest course is to get advice from someone who can lawfully give immigration assistance before you lodge.

Does a criminal record automatically block a Subclass 407 visa?

No automatic bar appears on the official eligibility list. Instead, character is one of several criteria you must satisfy alongside sponsorship, nomination, health, health insurance, functional English and genuine temporary entrant requirements. The practical consequence is that an application with a record behind it can still be decided on its merits, but the character material becomes a central part of the decision rather than a formality.

The Department's step-by-step guidance for this visa sets out what it expects on character, and it is more specific than the eligibility checklist alone suggests.

Who has to satisfy the character requirement?

The main applicant must meet it. So must family members aged 16 and over who are included in the application, and the official page states the Department might also ask other family members to meet it. That wording matters for anyone planning to bring a partner or older dependant: their history is not irrelevant to your outcome.

Which police certificates are required — and which ones are rejected?

The trigger is time spent in a country, not citizenship. The relevant tests, as set out on the official page, are:

Your situation	What the Department asks for
You have spent a total of 12 months or more in Australia in the last 10 years, counted since you turned 16	An Australian police certificate — only a complete disclosure National Police Certificate issued by the Australian Federal Police
You served in the armed forces of any country	Military service records or discharge papers
You spent a total of 12 months or more in another country in the last 10 years since you turned 16	An overseas police certificate from every such country, including your home country, if the Department asks for one
Every applicant	Completed Form 80 (Personal particulars for character assessment) and Form 1221 (Additional personal particulars information)

Two details cause avoidable delays. First, the Australian certificate must be a complete disclosure National Police Certificate from the Australian Federal Police; the official page states that standard disclosure certificates and certificates issued by Australian state or territory police are not accepted. Second, the overseas certificate is discretionary — the page says the Department "may" ask for it depending on your circumstances, so it is safer to start collecting it early rather than wait for a request.

Assume, for illustration only, an applicant who studied in Australia for 14 months three years ago and then worked in a third country for two years before turning 30. On the face of the rule, that applicant needs an AFP complete disclosure certificate and may be asked for an overseas certificate from the third country as well, even though neither is their country of citizenship.

Why Form 80 and Form 1221 carry so much weight

These two forms are where the character assessment is actually built. A police certificate shows what has been recorded; the forms ask you to set out your personal particulars in your own words. The Department compares them against the certificate, against your identity documents, and against your immigration history.

That comparison is the point of failure in many cases. The official page separately requires you to provide accurate information, and it warns on identity that if you cannot prove your identity, the visa will be refused, another visa might not be granted for 10 years, and family members listed on the application might also be blocked for 10 years. An omission that looks like concealment is far harder to recover from than a disclosed offence, because it shifts the problem from character to credibility.

Where old matters genuinely derail an application

Three areas deserve attention before you apply.

Previous refusals or cancellations. The official eligibility page states that the Department considers your immigration history when deciding your application, which means you might not be eligible if you have had a visa cancelled or an application refused.

Inconsistent disclosure. Anything on Form 80 or Form 1221 that conflicts with your police certificate, your passport history or a previous application creates a question the decision-maker will want answered.

Identity and document integrity. As noted above, failure to prove identity carries a 10-year consequence for you and listed family members. Separately, Schedule 2 of the Migration Regulations 1994 sets out the criteria for Subclass 407, including a list of public interest criteria that covers character; because that list is amended from time to time, check the current text on the Federal Register of Legislation or the official page for what applies now.

Do my partner's or dependants' records affect my application?

Yes, in the sense that they must clear the same requirement. The official step-by-step guidance asks for a partner's identity documents and character documents, and for character documents for dependants over 18 who are included as members of your family unit. Family members aged 16 and over must meet the character requirement in their own right, so a record held by one included family member can affect the outcome for the whole group.

When should you get legal advice?

Earlier than most people do. Worth doing before you lodge rather than after a request for more information if any of the following apply:

You have a conviction, a finding of guilt, a pending charge, or an offence that was recorded but later dealt with leniently.
You have spent 12 months or more in several countries in the last 10 years and are unsure which certificates to obtain.
You have had a visa cancelled or an application refused, and you are unsure how your immigration history will be weighed.
Your police certificate does not match what you previously told the Department.

The official page is explicit about who may lawfully assist: a registered migration agent, a legal practitioner, or an exempt person. Anyone can be appointed to receive documents on your behalf, but only those three categories can give immigration assistance. That distinction is worth checking before you pay for help.

What happens if the application is refused?

The Department will tell you in writing, state why it refused, and tell you whether you have a right to have the decision reviewed. The application charge is not refunded if the application is refused. If your circumstances change or you realise an answer was wrong after lodging, the official guidance points to notifying incorrect answers by form rather than leaving the error in place.

Frequently Asked Questions

Do I need an AFP certificate if I have only been in Australia for a few months?

The requirement in the official guidance is a total of 12 months or more in Australia in the last 10 years, counted from when you turned 16. Shorter cumulative stays may fall outside that trigger, but periods from separate trips are added together, so a few months on each of several visits can reach the threshold.

Are state or territory police checks accepted instead of an AFP certificate?

No. The official page states that only complete disclosure National Police Certificates issued by the Australian Federal Police are accepted, and that standard disclosure certificates and certificates issued by state or territory police are not.

Do I need certificates for countries I lived in as a child?

The 10-year and 12-month tests are counted from the time you turned 16. Time spent in a country before your 16th birthday is not counted toward the 12-month total used in this rule.

Can I add a family member after I have applied?

Generally no. The official guidance states that you cannot add members of the family unit after you apply but before the decision, unless it is a child born after you apply and before the decision is made. In that case the child is treated as having made the same application and must be notified, with a birth certificate and further documents provided.

What if I answered a question incorrectly?

The Department's guidance is to tell it as soon as you can, using the form for notification of incorrect answers. An error left uncorrected and later discovered is more damaging than a correction made early.

Will the Department ask for more documents after I apply?

It might. If you did not attach everything when you applied, the guidance is to attach it as soon as possible in ImmiAccount, and the Department may also request further information directly.