457 visa & Criminal Records - Help please

[AaronHill]

Hi there, just joined the PomsinOz forum.

I have been offered a job in Brisbane by a company that specializes in my line of work (Construction) they have offered me a 457 visa and even paid for a corporate lawyer to deal with m visa application.
As promised, the lawyer rang me as agreed and implied that she was one of the best in the business, I have checked this out and she appears to be a lawyer for the supreme high court of Sydney.

She has recently sent me some forms to fill in and suggested I could be on a plane with my visa in as little as two months.
My dialema is this: I have a criminal record from over 10 years ago that I have been told by freinds may affect my visa.
My record was only for having the odd punch up when I was a youngster, nothing worse then that.
I was however sent to a young offenders institute for a 12 month sentence !
Like I said this was over 10 years ago and I have since moved 150 miles away, settled down, got married and had three kids.
I have also got charactor references from the local Mayor, a Police Seargent etc.

My Wife and I have been given a once in a lifetime oportunity, and we are twisted in knots wondering if we stand a chance with my past.

Any advise please.
Sorry for the long post.

Aaron

[alfixie]

we have our pr visas my oh had similar, not in a young offenders just had to write that he was a changed man got our visa no problem good luck.

[Gollywobbler]

Hello Aaron

Welcome to Poms in Oz.

A police check is not required for a 457 visa I believe? It certainly wasn't a requirement 8 or so months ago and I have not heard anything about any change on this front. (That said, I am not a Migration Agent so my information could be out of date. Do check with a Registered Migration Agent, please.)

Do not worry about what friends tell you either. The DIAC description of the Character Requirement is below and it is an accurate description of the legislation:

Australian Immigration Fact Sheet 79. The Character Requirement

You do not sound like Osama's Brother to me, my friend!!

Best wishes

Gill

[AaronHill]

Thanks Alfixy,

Like I said, it was a long time ago and I run my own 'non-profit' amateur boxing club now in my spare time.

My past is my past, it doesn't stop me and my Wife worrying sick about it.

Thank for the vote of confidence.

[AaronHill]

As previous, thanks Gill,

I've checked that web link and it does state something about a person who has been sentenced to a 12 month sentence or more would possible fail the charactor check for having a substantial criminal record.


I know its hard but I'd rather know now that I'm going to fail before I sell my house.
Imagine if I sell everything then find out.

Thanks again

Aaron

[alfixie]

Hopefully a migration agent who posts on here will be able to help fingers crossed for you and your family

[Gollywobbler]

Hi again Aaron

This, my friend, is what a "substantial criminal record" actually looks like when push comes to shove with these visas for Oz....

AustLII Results - Visa + Character

Read some of the cases and it should convince you that you really do not have a substantial problem with this, chooks.

Best wishes

Gill

[AaronHill]

Thanks again Gill,

looking at some of them, I might run for President

Still, until I get that visa, I'm going to be pulling my hair out.
I can't wait to tell my @rseh0le of a boss where to go.

Fingers crossed for now.

Aaron

[kali02]

We've been told we need to get a criminal record check done and submit it with the visa app. There's a form you download and send to the relevant police department to obtain the info.

I'm wondering if they would even reveal your conviction during the check as it was over 10 years ago and your sentence was served, so it may be considered 'spent' and therefore not be disclosed at all. Might be worth a check if you are still concerned :)

[claire&fred]

Unfortunately everything comes up on the police checks.

My OH has a criminal offence dating back 18 years and that came up on the police check. He was just fined. It is 'spent' here but no matter how far back it will crop up on the police checks no matter how small.