M5 Criminal Record Exchange on Hold: Key Points for Anyone Applying for a Visa
News · 2026-09-28 · 4 min read
The Migration 5 countries have put on hold a plan to exchange information on their own citizens' criminal convictions. This guide sets out what has stopped, what continues, and how it affects people applying for visas to these countries.
Overview of the decision
The Migration 5 (M5) group is made up of Australia, Canada, New Zealand, the United Kingdom and the United States. In April 2026, leaders agreed to pause work on a proposed exchange of conviction data relating to their own citizens. For anyone planning to move to one of these countries, this is useful to know. However, it does not mean border screening has become any less thorough.
Scope of the proposal that was paused
RNZ's reporting indicates that the existing M5 arrangements were designed around identity data for migration purposes, not criminal history. Under those arrangements, conviction records are not passed to New Zealand Police, and members do not exchange information about their own nationals.
Later discussions looked at something more limited: running anonymised fingerprint data against police or criminal record systems. New Zealand concluded that its current law offers no basis for foreign agencies to reach its police or court conviction data for immigration purposes. Matt Gibbs, who serves as Immigration New Zealand's identity manager, confirmed that no biometric data and no conviction records were exchanged during this exploratory stage. The working group has not formally met since a virtual meeting in March 2025.
Legal limits as the deciding factor
The proposal was stopped by legal constraints rather than by a loss of interest. Every member country applies its own privacy and criminal records rules, and those rules do not give a partner's border agency automatic access to domestic justice systems. Any revived version of the plan would first need action from lawmakers.
Exchanges that continue to operate
"Shelved" should not be read as "no data sharing." Automated biometric and identity exchanges between the M5 partners are still running. New Zealand has held such agreements with most of its partners since the early 2010s, the UK being the exception. In May 2025, the partners agreed a quality-control framework, and the first annual reviews started in early 2026. New Zealand's review of the 2025 calendar year recorded no privacy breaches, no system access security issues and no accidental or improper disclosures to partners.
Request volumes and match results
Data released under New Zealand's Official Information Act indicates how heavily the system is used:
| Direction of requests | Activity reported |
|---|---|
| Australia to New Zealand | Over one million traveller data requests in the year to April 2026, leading to 676 fingerprint matches |
| New Zealand to Canada, Australia and the UK | Around 4,000 requests to each, giving 383, 340 and 283 positive matches respectively |
| Canada and the US | Their request figures were redacted; New Zealand's requests to the US were withheld on international relations grounds |
Matches are few compared with the volume of requests. This suggests the system works as a wide screening tool that flags a small proportion of cases, most likely people already known to the immigration authorities of another member country.
Action points for applicants
- Answer every form accurately. Identity data already moves between systems, so any mismatch in names, dates of birth or travel history may come to light.
- Disclose criminal history when asked. Even without a direct exchange of conviction data, visa applications usually call for police certificates and character declarations, and a false statement can result in refusal or a ban.
- Do not assume the pause is permanent. If legal frameworks change, governments may return to the idea.
- Keep your paperwork in order. Earlier visa applications, refusals and travel documents carry more weight when identity data is shared across borders.
- Get expert help if your history is complicated. Anyone with past convictions or refusals should consult a registered migration agent or immigration lawyer before lodging.
Applicants from Pakistan should request a police character certificate whenever a police certificate is required, and make sure every detail on it matches their passport and other forms.
Final word for applicants
The M5 has moved away from sharing citizens' criminal convictions, yet the identity and biometric exchange system is active and widely used. Being honest and consistent in every application is still the safest approach.
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