WHV with criminal convictions.

[johnlondon]

Hello

 

I'm just wondering if anyone has had experience in getting a WHV with a criminal record. Unfortunately over the last 3 years since the recession began I have found life tough in England. In 2009 I lost my decent job and got into a bit of debt, and had a messy break up with a ex girlfriend. I believe this has had an effect on my drunken behaviour at times. In 2009 something to do with the ex girlfriend resulted in me having a drunken altercation in the town center with another male and I ended up getting a Caution for ABH. 6 months later I was out at christmas time 2009 in the local town center again and I drunk too much and was arrested for taking a leek, I reacted badly when the police grabbed me. I had to go to court for drunk and disorderly and resisting arrested and I was convicted, i just got a fine of £160 pound. After this 2nd arrest I said to myself that I will never get arrested again. Everything was fine for 2 years until Christmas 2011 where I again drunk too much and don't remember the event but I was arrested at 5am in the morning for fighting which was caught on cctv and I was convicted at court of 2 xs Assault by Beatings and 1 x Aggressive behaviour. I received a 4 months suspended sentence. This was a consequence of my 2 arrests in 2009, the 3rd time your arrested the punishment gets worse.

 

You might not believe it but I am a good person, but I have got into some silly situations drunk in the local town center over the last few years which has resulted in a criminal record. 99.99% of the time I drink I have a good time and I am friendly person but 2 out of the 3 times I was arrested was purely down to being TOO drunk. I understand that all my arrests have been alcohol related, and I have now literately given up binge drinking. I can not afford to ever get arrested again, as the next time I will go to prison.

 

I understand that you are allowed to get a working visa in Australia aslong as you haven't been given a 12 month suspended or 12 month prison sentence. But I also understand they can refuse WHVs if they see a pattern of behaviour. My record is the following:

 

ABH (caution may 2009)

drunk and disorderly and resisting arrest (december 2009 £150 fine)

2 x assault by beating and aggressive behaviour (december 2011, 4 months suspended sentence).

 

Does anyone think I will have a problem getting a WHV with this record?

 

Also does anyone know where I can get some professional advise on this? Is there someone I can contact who is an expert on helping people with convictions to get a WHV?

 

Regards

 

John

[Guest The Ropey HOFF]

I know for the full visa you would almost certainly be ok, it is usually a sentence of 1 year in prison, but for WHV I'm not certain, can't you contact a migration agent, but make sure you mention everything. You need to address your anger issues, in relation to alcohol and offending behaviour, there's people you can see about this, ask your GP for help this will show you are trying to get address these issues. Best of luck.

[keily]

you could only but try ....bit worrying though that ur last offence was only 8 months ago ....even with character references {which u would defo need} ...it may be not long enough to prove u have seen the error of ur ways ......and as hoffey says it might be a good idea to seek help with certain issues .....

 

mrs keily

[dodgy]

A friend of mines son was refused recently for a WHV because he had been convicted of an assault 6 years ago on a rugby field whilst playing,He did not receive a custodial sentence just a fine and community service.

If i was you i would seek the advice of a registered migration agent and see if they could help you.

I wish you well with your WHV Australia is an awesome place to travel.

[johnlondon]

Thanks everyone for your replies. The last reply from dodgy worries me a bit. If they refused him a WHV for a assault that happened 6 years ago and he didn't even receive a custodial sentence then it sounds like they are getting stricter. Although if he didn't get a prison sentence then surely that assault charge is erased from his CRB after 5 years? I know that the the 2 offences I committed in 2009 will be erased from my CRB in 2 years, they last for 5 years total (2009 to 2014). I still have hope considering the threshold is a 12 months prison sentence.

 

Does anyone know of a reliable and professional migration agent who I can contact? I guess if I google search there are loads of agents but I want to be sure I choose a good one.

 

Thanks

 

John

[Guest]

There are a few people seem to recommend on here. Go Matilda, Visa Bureau are two.

 

I'd just have a consult with one and see what they say.

 

If you apply yourself its a simple online application and paying an agent will add on a fair bit.

[johnlondon]

I just looked into dodgys comment about her friends son being refused a WHV because of an assault charge that happened 6 years ago. My initial belief was cautions and minor sentences dissapear off your CRB check after 5 years and this is true. But if your from the UK and you apply for a WHV you have to get a ACRO police certificate from http://www.acro.police.uk/contact_us.aspx . A ACRO police certificate is different from a CRB check and is used for immigration purposes and it shows any convictions and cautions you received through out your life, not just the last 5 years. I'm sure everyone who has already commented knows this but I thought I'd post this for the people who read this who don't know.

[Guest trasi]

My friends husband has convictions going back to 1998.... drunk and disorderly, assault...... they all showed up on the ACRO :sad:

[_shel]

Offences do not drop off your CRB after 5 years. There are set periods, dependent on age when committed and sentence, when they become spent. ie when you no longer need to declare them in the UK unless forced by law to work with vulnerable groups of people or when needing security clearance. http://www.nacro.org.uk/data/files/nacro-2007021302-65.pdf

But if a CRB is applied for they are there, I should know I'm in my 30's and Juvenile convictions and cautions all show up on my CRB for work.

 

Nothing is spent when applying for an ACPO check for migration because the Rehabilitation of Offenders Act is British and the Australians do not have it or follow ours.

[johnlondon]

_shel and trasi, did you get a VISA or did you have problems?

[Guest Jolene]

Hi,

I am having the same problem, my fiance and I are looking to apply for a WHV and go out next year for a year then hopefully if its for us will apply for a full visa later on. I have an honours degree and several years work experience and my partner served 6 years in the British army and has been working as a cavity insulator for the last 7 years since then. Unfortunately my partner got into a bit of bother in his previous relationship. He was convicted of the possesion of drugs and received 6months prison sentance, served half of that. I know he was stupid for being in that situation but it was down to his ex and he took the blame as she had 2 kids and he wouldnt let her be convicted and lose the kids etc.

Now Im worried that this might effect us if we apply for a WHV. This was 5 years ago and he will be honest with them when we apply but does any one have any advice or been in this situation before?

[_shel]

Declare everything, I waited a little longer than others applying for the same visa at the time, but I also have medical issues! I wrote a letter outlining my criminal history, explaining each offence, explanation of how I was young, stupid, in a bad place with lots of bad influence etc. And how I am now an adult, not in that same place, changed, not offended since I was a child, now a professional, wife and mother. They accepted it without further questions.

[SW1]

We are in a slightly similar position. Unfortunately we took some bad advice but managed to rectify.

 

When we applied for WHV we took that advice that if it was over 5 years ago you don't have to declare! WRONG you do have to declare.

We then had to write an email to the immigration department saying we where given some wrong advice, we wrote the following email:

"I completed a working holiday visa application online last night with my partner. On the application it asks to state any convictions, I stated my driving offence which was in 2008 for driving with no insurance.

I was misinformed that if the offences where over 5 years ago I didn't need to enclose them, but I have since contacted a visa agent and have been told to contact you regarding the previous driving offences just in case.

Can you let me know how I update my application to include the driving offences in 2005, if needed"

 

Our reply was sent a few days later saying this:

 

"This email is in relation to your electronic Working Holiday (subclass 417) visa application lodged via the Department of Immigration and Citizenship website.

 

Thank you for the information you have provided. This information has now been updated in the department's systems.

 

Your Working Holiday visa was granted on 05 March 2012 and a Visa Grant Notification (VGN) was sent to the address which you authorised the department to use for communication.

 

You should be aware that failure to disclose information or providing misleading information to the department may lead to a visa application being refused or visa being cancelled. No action will be taken in relation to your current Working Holiday visa, however you should ensure that you provide correct information at the time of making any future visa applications."

 

 

Fingers crossed when we arrive at the border, having ticked YES on the travel cards given, all will be ok!

[johnlondon]

I created this thread. I received a 4 month suspended sentence at the end of 2011. Just to let everyone know that my working holiday visa was approved this morning on the 16th of January 2013. I used a migration agent called george lombard. I applied for my visa with all my documents attached (character references, work references etc) on the 1st of November 2012. I got a email on the 5th of December 2012 saying that they were considering refusing my visa application. The email asked if I wanted to provide more information but I didn't need to as I attached everything that george lombard advised me to when I first applied for the visa on the 1st of november. Then this morning on the 16th of January I received an email confirming the approval of my visa, the email said "A Delegate of the Department has decided that you do not pass the character test under s501(6) of the Act but has decided NOT to exercise his discretion under s501(1) of the Act to refuse to grant your visa". So i am very happy today as I will be going to Australia in April with friends.

 

Aslong as you haven't got over a 12 month sentence and you use a migration agent you should get your working holiday visa to Australia. It took me 10 weeks to get mine.

 

Goodluck everyone

[kimsdu]

I created this thread. I received a 4 month suspended sentence at the end of 2011. Just to let everyone know that my working holiday visa was approved this morning on the 16th of January 2013. I used a migration agent called george lombard. I applied for my visa with all my documents attached (character references, work references etc) on the 1st of November 2012. I got a email on the 5th of December 2012 saying that they were considering refusing my visa application. The email asked if I wanted to provide more information but I didn't need to as I attached everything that george lombard advised me to when I first applied for the visa on the 1st of november. Then this morning on the 16th of January I received an email confirming the approval of my visa, the email said "A Delegate of the Department has decided that you do not pass the character test under s501(6) of the Act but has decided NOT to exercise his discretion under s501(1) of the Act to refuse to grant your visa". So i am very happy today as I will be going to Australia in April with friends.

 

Aslong as you haven't got over a 12 month sentence and you use a migration agent you should get your working holiday visa to Australia. It took me 10 weeks to get mine.

 

Goodluck everyone

 

Well done and have a great time on your travels!!! Maybe not drink so much when you go out :biggrin: Should be ok though as alcohol is pretty expensive here!!! My OH had a pint on Sat night at the local bar was $9.62 !! Wont be buying any rounds anytime soon !!!!!!!

[johnlondon]

Thanks Kimsdu. I have definitely cut down on drinking now because it has got me into trouble in the past. If the pints are $9.62 then i wont be having many lol. Where about's in Australia was the $9.62 pint? I guess it expensive all around. When I get to Australia in April my friend and I are looking to complete the 88 days industry specific work so we can extend our visas, so that could be something like working on a farm, fruit picking, or working on a boat. Do you have any idea where in Australia is good for this type of work from April 2013 onwards?

 

John

[jasonorange]

Hello

 

I'm just wondering if anyone has had experience in getting a WHV with a criminal record. Unfortunately over the last 3 years since the recession began I have found life tough in England. In 2009 I lost my decent job and got into a bit of debt, and had a messy break up with a ex girlfriend. I believe this has had an effect on my drunken behaviour at times. In 2009 something to do with the ex girlfriend resulted in me having a drunken altercation in the town center with another male and I ended up getting a Caution for ABH. 6 months later I was out at christmas time 2009 in the local town center again and I drunk too much and was arrested for taking a leek, I reacted badly when the police grabbed me. I had to go to court for drunk and disorderly and resisting arrested and I was convicted, i just got a fine of £160 pound. After this 2nd arrest I said to myself that I will never get arrested again. Everything was fine for 2 years until Christmas 2011 where I again drunk too much and don't remember the event but I was arrested at 5am in the morning for fighting which was caught on cctv and I was convicted at court of 2 xs Assault by Beatings and 1 x Aggressive behaviour. I received a 4 months suspended sentence. This was a consequence of my 2 arrests in 2009, the 3rd time your arrested the punishment gets worse.

 

You might not believe it but I am a good person, but I have got into some silly situations drunk in the local town center over the last few years which has resulted in a criminal record. 99.99% of the time I drink I have a good time and I am friendly person but 2 out of the 3 times I was arrested was purely down to being TOO drunk. I understand that all my arrests have been alcohol related, and I have now literately given up binge drinking. I can not afford to ever get arrested again, as the next time I will go to prison.

 

I understand that you are allowed to get a working visa in Australia aslong as you haven't been given a 12 month suspended or 12 month prison sentence. But I also understand they can refuse WHVs if they see a pattern of behaviour. My record is the following:

 

ABH (caution may 2009)

drunk and disorderly and resisting arrest (december 2009 £150 fine)

2 x assault by beating and aggressive behaviour (december 2011, 4 months suspended sentence).

 

Does anyone think I will have a problem getting a WHV with this record?

 

Also does anyone know where I can get some professional advise on this? Is there someone I can contact who is an expert on helping people with convictions to get a WHV?

 

Regards

 

John

 

What was the outcome of this....were you granted a visa? I see this post is a few months old but I'm curious to know how you got on. I've applied for a 457 and have 3 convictions; the last one being 1998, all of which are on my police report and dont get stepped down for another 5 years.

[johnlondon]

hello jasonorange, look 3 posts up and you will see the outcome or just read below:

 

I created this thread. I received a 4 month suspended sentence at the end of 2011. Just to let everyone know that my working holiday visa was approved this morning on the 16th of January 2013. I used a migration agent called george lombard. I applied for my visa with all my documents attached (character references, work references etc) on the 1st of November 2012. I got a email on the 5th of December 2012 saying that they were considering refusing my visa application. The email asked if I wanted to provide more information but I didn't need to as I attached everything that george lombard advised me to when I first applied for the visa on the 1st of november. Then this morning on the 16th of January I received an email confirming the approval of my visa, the email said "A Delegate of the Department has decided that you do not pass the character test under s501(6) of the Act but has decided NOT to exercise his discretion under s501(1) of the Act to refuse to grant your visa". So i am very happy today as I will be going to Australia in April with friends.

 

Aslong as you haven't got over a 12 month sentence and you use a migration agent you should get your working holiday visa to Australia. It took me 10 weeks to get mine.

 

Goodluck everyone

[johnlondon]

and jasonorange, you should be fine aslong as you don't have over a 12 month prison sentence. As you see my convictions were quite recent and I got in with a 4 month suspended sentence. You should definitely use a migration agent.

[Guest]

Do you have any idea where in Australia is good for this type of work from April 2013 onwards?

 

John

 

Have a look through the sticky threads at the top of this forum

 

http://www.pomsinoz.com/forum/backpacking-whv/

 

Also some other threads on here give pointers for seeking regional work.

[jasonorange]

Ah yes I see, my apologies; forum newbie. I probably shouldnt be on this thread because I'm going for a 457 not a whv.

I am using a migration agent but its always good to know how other people get on with convictions. You must be well happy.

Sounds like kimsdu was in Sydney, I just got back from there and 2 coronas cost me $18!

I have a couple of buddies in Melbourne who have done the fruit picking thing, they were up near Cairns and worked on a banana plantation for 3 months to qualify for the 2nd yr extension.

Good luck!