Moving Abroad With a Criminal Record: The Rules by Country

Asking about your record before you apply anywhere is the honest way to start, and it already puts you ahead. This page is for people who want the real rules, not for anyone hoping to hide a conviction.

Imagine you are a 38-year-old electrician in Birmingham. Fifteen years ago, after a bad night, you were convicted of assault and given a suspended sentence. You have not been in trouble since. You have a trade, a partner and a job offer in Perth. Then you open the visa form and see the question: "Have you ever been convicted of an offence in any country?" Your stomach drops. Does one night at 23 decide the rest of your life?

Usually, it does not. But it does decide how you apply.

The short answer: Many countries accept migrants with a criminal record, but almost all ask, and you must declare it, even if it is old or "spent" at home. What decides your chances is mostly the length of the sentence, the type of crime and the time since it ended. Lying about a conviction is treated more harshly than the conviction itself.

The rules at a glance, country by country

Every country below checks character. The thresholds differ, and they are the first thing to look at. Figures and rules are as of November 2026.

These are the headline rules, not the whole law. Each country also has general "good character" or public-interest grounds. Officers can look at the full story, including conduct that never led to a conviction.

Why the sentence matters more than the label

People often ask which crimes are "allowed". That is the wrong first question. Most systems look first at the sentence you received, then at the type of offence, then at how long ago it ended.

Look at how often 12 months appears. The UK must refuse at 12 months or more. Australia treats a sentence of 12 months or more as a substantial criminal record. New Zealand declines anyone sentenced to 12 months or more in the last 10 years. Japan draws its line at 1 year. A suspended sentence can count too: the UK rule says "custodial or suspended".

The type of offence matters next. New Zealand says you will not normally get a residence visa after offences involving "violence, prohibited drugs or dishonesty", any sexual offence, or drunk or dangerous driving in the last 5 years. Japan refuses entry after any sentence for a drug offence, however short. The US looks at whether a crime involves "moral turpitude", which broadly covers dishonesty and serious harm to others.

Time matters last, but it matters a lot. In Canada, you may be deemed rehabilitated 10 years after finishing the sentence for one indictable offence, or 5 years after two or more summary convictions, if the crime would carry a maximum of under 10 years in Canada (IRCC, 2026). For UK visits, a sentence of under 12 months stops counting as an automatic refusal once more than 12 months have passed since it ended.

Ask yourself three questions before you choose a country. What sentence did I receive? What type of offence was it? How many years have passed since every part of it ended, including probation and fines?

Spent, expunged or pardoned: do you still declare it?

This is where many people make their biggest mistake. A conviction that is "spent", "expunged" or "sealed" at home is often still a conviction on a visa form.

• United Kingdom. UK law normally lets you stay silent about spent convictions. Immigration is an exception. Home Office guidance says applicants must "disclose all offences and consequent penalties both in the UK and overseas", and that immigration decisions are excluded from that protection under section 140 of LASPO. Simple cautions are the exception: they become spent at once and do not need to be declared (GOV.UK, 2026).
• United States. State Department guidance says a person relieved of a penalty "nevertheless, has been convicted" for visa purposes, "even if the applicant's record has now been expunged". Only a few federal expungement procedures remove the conviction (9 FAM 302.3, 2026).
• Australia. You must declare criminal conduct you were "convicted of in any country" and charges still awaiting legal action (Home Affairs, 2026).
• Canada. A Canadian record suspension removes the inadmissibility. For a pardon or discharge in another country, IRCC tells you to check with the visa office for your region whether it is valid in Canada (IRCC, 2026).

The safe rule is simple. If the form asks "have you ever", answer for your whole life, in every country. Then attach the court papers that show the full story. If you are unsure whether something counts, declare it and explain. A clear explanation costs you a paragraph. A hidden conviction can cost you years.

Canada: impaired driving and the five and ten year marks

Canada gets many questions, so here are its rules on their own. This is information, not a recommendation to choose Canada.

Impaired driving is the trap many people do not see coming. IRCC says a conviction for driving while impaired by alcohol or drugs, including cannabis, may make you "inadmissible to Canada for serious criminality", whether it happened in Canada or abroad. Tougher penalties started on 18 December 2018. For offences before that date, the old penalties apply, and deemed rehabilitation may be possible 10 years after the sentence ended (IRCC, 2026).

For a conviction outside Canada, you can apply for individual rehabilitation once at least 5 years have passed since the end of your sentence, including probation. IRCC warns these applications "can take over a year to process". If you have a compelling reason to travel sooner, a temporary resident permit is possible but never guaranteed. It costs C$246.25 (IRCC fees, 2026).

If you are thinking about Canada, use the free Canada guide and the visa cost calculator to plan the timeline. Advice on your own case should come from a licensed consultant or lawyer.

Police certificates: the paper trail you cannot skip

Most long-stay visas ask for police certificates. That is how the country checks what you declared.

Australia says it usually asks for one from every country where you lived for 12 months or more in the past 10 years, if you were over 17. Its certificates are valid for 12 months (Home Affairs, 2026). Portugal asks for one from your country of nationality or any country you lived in for over a year. Spain asks about the last 5 years.

This is why hiding a record does not work. The certificate shows it. The only question is whether the officer reads it next to your honest explanation or next to a "no" you ticked.

Order your certificates early and in the right order, because they expire. Our guide to police certificates from every country you have lived in shows how to time them.

What moving abroad does not let you escape

A new country is a new start for your work and your daily life. It is not a new start for the law. Be clear about what follows you.

• The duty to declare. It never expires. And lying makes things worse. The UK must refuse if you used deception, and can then refuse further applications for 10 years (GOV.UK, 2026). New Zealand treats false or withheld information as a character issue of its own. Read our guide to misrepresentation bans before you decide to leave anything out.
• Interpol notices. A Red Notice is "a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition". It is not an arrest warrant, and each country applies its own law (INTERPOL, 2026). Australia lists an Interpol notice that suggests you are a risk to the community as one of the ways to fail its character test.
• Open charges and warrants. Australia asks about charges still awaiting legal action. New Zealand can delay a residence decision for 6 months, or longer, if there is an active arrest warrant for you in any country. The only real fix is to deal with the case where it is.
• Sentence conditions. If you are still on probation, parole or licence, leaving usually needs permission from the people supervising you. Leaving without it is a breach, wherever you go.
• Sex offender notification. In the US, registered sex offenders must tell registry officials about any travel outside the country at least 21 days before it starts (SMART Office, 2026). In England and Wales, registered sex offenders "must notify the police of any travel abroad" (GOV.UK, 2026). These duties travel with you.
• Your old name. Changing your name does not remove a record. Police checks and visa forms ask for every name you have used. See changing your name and moving abroad.

Does that feel heavy? Look at it the other way. Everything on this list is a known rule. Known rules can be planned around.

A calm plan, in order

1. Get your own record. Order the official police record from every country you have lived in. Read exactly what it says, including dates and sentences.
2. Collect the court papers. Sentencing documents, proof that fines were paid and proof that probation ended. Officers want the full story, not just the headline.
3. Do the maths on time. Count the years since every part of each sentence ended. Compare that with the thresholds in the table.
4. Shortlist countries that fit your record. A 4-month sentence 9 years ago is a very different case from a 3-year sentence 4 years ago. Some countries will be realistic. Others will not, and that is fine.
5. Write your explanation. One page, in plain words: what happened, what the court decided, what has changed since. Add references from employers or community leaders if you have them.
6. Get advice before you file. A character case is exactly when paying for a licensed immigration lawyer or adviser makes sense. If you would like help finding one, we can connect you with migration lawyers who handle character cases.
7. Declare everything, then apply early. Australia says character assessments "may take considerable time to finalise". Build that time into your plan.

Common mistakes

• Ticking "no" because the record is old. "Ever" means ever. Old convictions are often fine. Hidden ones are not.
• Trusting "spent" or "expunged" status at home. UK and US guidance both say it can still count for immigration.
• Forgetting a drink-driving conviction. In Canada, impaired driving can be serious criminality.
• Treating a suspended sentence as "no sentence". The UK rule counts suspended sentences.
• Travelling to test the border. Canada warns that if you are not sure you will be deemed rehabilitated, you risk being refused at the port of entry. Apply first.
• Paying a fixer who promises a "clean" result. Nobody can remove a record from another country's files. Anyone who says they can is selling a crime or a scam.

Frequently asked questions

Can I move abroad if I have a criminal record?

Often, yes. Many countries accept migrants with older or less serious convictions, especially where the sentence was short and years have passed. What decides it is the sentence length, the type of offence and the time since the sentence ended. You must declare the record on the visa form.

Do I have to declare a spent or expunged conviction on a visa application?

In many cases, yes. UK Home Office guidance says immigration decisions are excluded from the usual protection for spent convictions, although simple cautions do not need to be declared. US guidance says an expunged conviction generally still counts. Australia asks about convictions in any country.

Which countries are hardest with a criminal record?

Countries with fixed sentence thresholds are the strictest on paper. New Zealand declines anyone ever sentenced to 5 years or more, or 12 months or more in the last 10 years. Japan denies landing after a sentence of 1 year or more, or any drug sentence. The UK must refuse at 12 months or more.

Can I move to Canada with a DUI?

A conviction for impaired driving may make you inadmissible to Canada for serious criminality. If the conviction was outside Canada, you can apply for rehabilitation at least 5 years after the sentence ended. For offences before 18 December 2018, deemed rehabilitation may be possible after 10 years.

Does a criminal record show up on a foreign visa check?

It shows up through the police certificates you are asked to provide, and sometimes through checks between governments. Australia, for example, says it may ask for a police certificate from every country you lived in for 12 months or more in the last 10 years. That is why honest declaration is the only safe approach.

Can I live abroad if I am on probation or parole?

Usually not without permission from the people supervising your sentence. Leaving without permission is a breach of your conditions. Finish the sentence, or get written permission, before you plan a move.

Your past is part of the file, not the whole file

A record makes migration slower and narrower. It rarely makes it impossible. The people who succeed are the ones who face the paperwork head-on: they know their dates, they choose countries that fit, and they declare everything with a clear explanation.

You cannot change what happened. You can change how it is read.

This article is general information, not legal advice. Character rules change and depend on your full history, so check the official rules and speak to a licensed immigration lawyer or adviser before you apply.