Help minor criminal record, will I get my skilled visa????

Max · 28-09-2005, 10:18 AM

Hi, Can anyone help me; I am applying for a Skilled migration visa, which seems to be going well. However, I have a criminal record for Theft from 1985 which I was not too concerned about at first but last year I applied for a Shotgun License as I shoot clay's for a hobby, in doing so I forgot to mention my conviction from nearly 20 years previous and received a caution for not mentioning it on my application form. The Police at the time also thought this unnecessary, but obviously had to follow their procedures and issued me with a caution last September (2004). How will this affect my Visa application, any experience etc gratefully received as I am sick with worry and don’t want to wait a year to get refused at the post!! Many thanks....

dodge · 28-09-2005, 09:35 PM

so u can steal and shoot , can u drive with a ski mask on LOL

Max · 29-09-2005, 09:41 AM

No I am allergic to wool, nylon would be ok tho. lol

Heathertoes · 29-09-2005, 08:47 PM

Don't really know the proper answer here.. .but you will at some stage have to get a Police Certificate to send off to the DIMIA. They cost £10 and are only valid for a year, so you would probably have to get another one nearer the date of your Meds.

If you apply for one of these I am guessing it will show up anything 'unsavoury' and so could help to put your mind at ease (or send you into total panic

). You can ask your local cop shop, or sometimes I think you have to contact the HQ for your area.

But it could be worth the tenner just to see.

Good Luck :D

Max · 11-10-2005, 05:13 PM

Many thanks.

Daceys · 11-10-2005, 06:25 PM

Max

If you phone 02072302958 and ask for a Section 7, data protection act, 1998 - subject access. You do pay £10 but at least you'll know!! :oops:

GretaWhite · 12-10-2005, 05:45 AM

Hello Max,

I'll try to provide some guidance. You can review the DIMIA fact sheet on the Character Test here: http://www.immi.gov.au/facts/79character.htm

You didn’t provide details of your 1983 record but it seems minor and as it was so very long ago it is extremely unlikely to be an issue if there has been no problems since (bar the caution). However, it is unclear whether or not you have lodged your visa application as yet. If you haven’t, you will note you are required to declare on your application whether you have EVER been convicted of a crime or offence - no matter how minor - including any now removed from official records (eg police clearance certificates). Consequently, you must declare the 1985 offence and should include an explanation that it was such a very long time ago when you were young - 20 years - that you had unfortunately overlooked mentioning this on your license application last year and as a result received a caution in 2004.

If you choose not to declare this information you could be at risk of failing the character test under ‘past and present general conduct’ due to dishonesty, if it should come to DIMIA’s attention. Therefore, not only are you required to declare this information, but it is in your best interests to do so, whether or not details show up on the police certificate.

If you have already lodged your visa application, you are obliged to notify DIMIA in writing to correct any wrong information that has been given as soon as possible after you become aware of it (use Form 1023 available here: http://www.immi.gov.au/allforms/forms_num3.htm). (Indeed, the obligation to DIMIA to correct wrong information continues even after the visa has been granted.) Again, provide an explanation of what happened and that you have taken the required steps to correct the wrong information as you are aware you have an obligation to do so.

Please get this out in the open and stop making yourself sick with worry - or the next problem will be health!

I’ve just come across this forum and will stop by when I can.

Kindest regards,
Greta

Max · 13-10-2005, 09:47 AM

Many thanks.

I havent as yet lodged my application as I am still awaiting the return of my RPL from the Aus Comp Soc. My main concern was how would these issues be looked upon and how much it affect a sucessfull application.

Once again thanks everybody, even u Dodge ;-)

Bet · 13-10-2005, 02:02 PM

If this is the only thing you are worrying about stop, when we applied i was sure that we would not get accepted as my partner had a couple of criminal offences (don't want to go into details), and to be honest I think he thought we won't get accepted and it will all be my fault as I was an idiot when I was younger,,,, not the case, off to Auz on our Perm Residency 19 Feb, Melbourne here we come, all we were advised to do was get Charactor references for Mark.

Good luck

kerryinuk · 17-10-2005, 10:50 PM

We are going on my skills but hubby had affray record, we also were worried sick! But we recieived go ahead for medicals so i presume police checks had passed ok. All i can advice is go for it and wait!
best of luck
kerry