Yes, you can apply for an Australian spouse visa even if you have a criminal record, but the application will be assessed based on the type, severity, and timing of the offense. Depending on these factors, you may face stricter scrutiny or even have your application rejected.

The nature and severity of the crime play a significant role in the decision. Minor offenses, such as traffic violations or petty theft, generally do not directly result in a visa refusal, but they must be disclosed honestly. It’s important to note that even offenses that have been dismissed or those committed in your youth still need to be disclosed. On the other hand, serious criminal offenses involving violence, sexual crimes (especially those involving minors), crimes committed during immigration detention, drug trafficking, terrorism, or war crimes are likely to result in an immediate visa refusal, as these offenses cross the "red line" in Australian immigration law.

Under Australia's Migration Act Section 501, the cumulative length of any sentences is a key indicator. If the total sentence for all crimes exceeds 12 months (including any probation), the applicant will likely fail the "character test," which may lead to a visa refusal. It’s also important to note that even if individual sentences are short, a cumulative sentence of over 12 months from multiple minor offenses could also trigger the character test.

The timing of the criminal record is another important factor. Offenses committed within the last 10 years, particularly in the last 5 years, will have a more significant impact. The immigration authorities will focus on recent behaviors. For crimes older than 10 years, the impact can be minimized if the applicant provides evidence of continued good conduct. However, serious violent crimes may not be subject to this time limitation.

The integrity of your application is crucial. Concealing or making false statements about your criminal record is one of the most serious mistakes you can make. It will not only result in the refusal of your application but could also lead to a 3-year or even permanent ban on obtaining a visa. Immigration authorities share information with judicial bodies worldwide, so relying on luck is not advisable.

If your sentence is close to 12 months, it is recommended to follow these steps to improve your chances of a successful application:

Declare Everything Honestly: Ensure you disclose all criminal records, dismissed charges, juvenile offenses, and traffic violations.

Prepare a Detailed Explanation: This should include the time, location, charge, and outcome of each offense.

Submit Supporting Documentation: Required documents include the final court judgment, proof of sentence completion, and fines paid. Additional documents that may help include community service certificates, employer references, psychological evaluations, etc.

Personal Statement: Honestly explain your criminal background, the process of rehabilitation, and your current situation. Focus on personal growth and avoid making excuses.

For complex cases, it’s advisable to consult a registered migration agent (MARA) for legal assistance. They can assess your case’s risks, assist in applying for a character waiver, communicate with immigration authorities on your behalf, and help prepare materials for a hearing if necessary.

Conclusion

The Australian immigration authorities not only consider past behavior when conducting a character test but also focus on the applicant's current conduct and potential future risks. Having a criminal record does not automatically mean that your spouse visa application will be rejected, but it requires thorough evaluation, careful preparation, and honest communication.