Criminal record sharing shelved by five visa countries: what Kenyan applicants should still do
News · 2026-09-28 · 4 min read
Five countries that work closely on migration have put a plan to share their own citizens' criminal convictions on hold, yet their identity and fingerprint exchanges carry on. For anyone in Kenya preparing a visa application, the practical message is that nothing has become lighter: be accurate, be complete and keep your paperwork in order.
Who the five are and what was agreed
Australia, Canada, New Zealand, the United Kingdom and the United States form the Migration 5, or M5. Their leaders agreed in April 2026 to pause work on exchanging criminal conviction data about their own nationals. That is the whole of the change. It is a pause on a proposal, not a loosening of border checks.
What was on the table
The existing M5 arrangements were designed around identity data for migration purposes, not criminal history. Under them, conviction records are not passed to New Zealand Police, and member countries do not swap information about their own nationals.
Newer discussions looked at something narrower: using anonymised fingerprint data to query police or criminal record systems. New Zealand concluded that its current law gives foreign agencies no basis to reach its police or court conviction data for immigration purposes. Nothing, whether biometric data or conviction records, changed hands during this exploratory stage. The working group involved has not formally met since a virtual session in March 2025.
The lesson is that law, not lack of enthusiasm, stopped the idea. Each country has its own privacy and criminal records rules, and those rules do not automatically let a partner's border agency look into domestic justice systems. A future version would need lawmakers to act first.
What is still shared
Do not confuse "shelved" with "no sharing". The partners still run automated biometric and identity exchanges. New Zealand has had such agreements with most partners since the early 2010s, the United Kingdom being the exception. A quality-control framework was agreed in May 2025, and annual reviews began in early 2026. New Zealand's review of the 2025 calendar year found no privacy breaches, no system access security problems and no accidental or improper disclosures.
| Exchange | Requests | Positive matches |
|---|---|---|
| Australia to New Zealand (year to April 2026) | More than one million | 676 fingerprint matches |
| New Zealand to Canada | Roughly 4,000 | 383 |
| New Zealand to Australia | Roughly 4,000 | 340 |
| New Zealand to the United Kingdom | Roughly 4,000 | 283 |
Figures for Canada's and the United States' own requests were redacted, and New Zealand's requests to the United States were withheld on international relations grounds. The small number of matches against so many requests suggests a broad screening tool that flags a small share of cases, most likely people already known to another member's immigration authorities.
What Kenyan applicants should do
- Match every name, date of birth and travel entry across forms and passports. Identity data is already shared, so inconsistencies can surface.
- Declare any criminal history where a form asks. When a police certificate is requested, apply for the one your own system issues, such as the DCI Certificate of Good Conduct via eCitizen, and do not alter it.
- Treat the pause as temporary, because governments can revisit it if the law changes.
- Keep copies of past visa applications, refusals and travel documents.
- If you have convictions or past refusals, speak to an Australian migration agent on the MARA register, or for New Zealand a licensed immigration adviser, before applying.
A consistent, dated career record also reduces mismatches, and Build AI CV can help you keep one tidy. Read why visa costs move and what processing priorities mean for related preparation, and see current vacancies.
Common mistakes applicants make
- Thinking a paused plan means checks are lighter.
- Leaving out a past refusal because it seems old.
- Using different spellings of your name on different forms.
- Believing anyone who says a record can be quietly dealt with.
Frequently asked questions
Did the five countries scrap data sharing?
No. They paused exchanging conviction data. Biometric and identity exchanges continue.
Does New Zealand pass conviction records to partners?
Under existing arrangements it does not, and current law offered no basis for the newer idea.
Do I still need a police certificate?
Visa applications typically ask for police certificates and character declarations. Follow the instructions for your visa.
Could the plan return?
Possibly, if legal frameworks change and lawmakers act.
Key takeaways
- The M5 paused plans to share citizens' criminal convictions, agreed in April 2026.
- Biometric and identity exchanges remain active and widely used.
- Be accurate on every form and declare history where asked.
- Get advice from a MARA-listed agent or licensed immigration adviser for complex histories.
#migration 5 #criminal records #visa applicants #biometric data #police certificate
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