Powers Posted August 31, 2014 Share Posted August 31, 2014 (edited) .. Edited October 13, 2014 by Powers Quote Link to comment Share on other sites More sharing options...
wrussell Posted August 31, 2014 Share Posted August 31, 2014 Hi everyone,I'm new to this forum and would appreciate any help or advice offered, as I've got myself into a bit of a pickle! I currently have a spouse defacto visa being processed for a move to Perth in January 2015. Ive had my police check done and it came back clean as a whistle as expected, but recently I stupidly got a caution for possession of an illegal substance and am now worried it will affect my visa/entry to Aus. Should I get another updated police check done, or do I just need to declare that caution upon entry into Aus? Or will they take this more seriously?? looking forward to any responses! cheers everyone You are going to need need more than an updated police check. Quote Link to comment Share on other sites More sharing options...
Powers Posted August 31, 2014 Author Share Posted August 31, 2014 Right ok. I'll take it this could be more serious then. Thanks for the reply. Do you have any more info about would happen next or how it's going to affect it? Quote Link to comment Share on other sites More sharing options...
kittykb Posted August 31, 2014 Share Posted August 31, 2014 Hi If you have not been charged then you should not have an issue, if in doubt call the embassy. We are migrating in Jan 15 also, my partner has a conviction showing on his police check and we were given ours. Quote Link to comment Share on other sites More sharing options...
Powers Posted August 31, 2014 Author Share Posted August 31, 2014 Ok that's interesting. When was your partners caution? im worried that as it was very recently it really won't look good, unlike if it was a long time ago. And I've already had my police check done. Such a stupid mistake, I feel a fool and worried I've cocked everything up Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 1, 2014 Share Posted September 1, 2014 Right ok. I'll take it this could be more serious then. Thanks for the reply. Do you have any more info about would happen next or how it's going to affect it? If you are not known to police a UK police certificate will state NO TRACE if you are known, but a matter has been stood down (died of old age) it will state NO LIVE TRACE in which case the DIBP want full particulars. In your circumstances you should notify the DIBP of your change in circumstances (form 1022) accompanied by an appropriate submission. Failure to declare the matter could be fatal if they ever find out about it. Quote Link to comment Share on other sites More sharing options...
Powers Posted September 1, 2014 Author Share Posted September 1, 2014 If you are not known to police a UK police certificate will state NO TRACE if you are known, but a matter has been stood down (died of old age) it will state NO LIVE TRACE in which case the DIBP want full particulars. In your circumstances you should notify the DIBP of your change in circumstances (form 1022) accompanied by an appropriate submission. Failure to declare the matter could be fatal if they ever find out about it. But a caution isn't a prosecution or conviction. I thought they only wanted to know about these? when you say appropriate submission do you mean a covering letter stating what happened? i don't want to put my foot in my mouth and mention something they may never have known about, but also don't want to be seen to be hiding something they may find out about! Quote Link to comment Share on other sites More sharing options...
ajs604 Posted September 1, 2014 Share Posted September 1, 2014 (edited) Honestly is always the best policy. I have a caution too. Mine came back with no live trace andhad been stepped down. I got my PR without any troubles. Also a caution is not deemed as a conviction but will show on a police check as it is still an admisson of guilt that did not result in a conviction. I would get a new police check and a subject to access and email your CO advising of the situation. Its extremly unlucky to affect you but better that your up front about it than them finding out later on down the track. Edited September 2, 2014 by ajs604 Quote Link to comment Share on other sites More sharing options...
Quinkla Posted September 2, 2014 Share Posted September 2, 2014 i don't want to put my foot in my mouth and mention something they may never have known about, but also don't want to be seen to be hiding something they may find out about! The reality is that they will not find out about this caution any time soon. But if you are going from a temporary to a permanent visa, or applying for citizenship then it may well come to light. As wrussell says, it could be fatal later on if you do not declare it now. I don't know whether it is a problem in itself. On the one hand, it was a only a caution. On the other hand, it relates to drugs and Australia does not smile on drug users. In your position, I would talk to a registered migration agent for advice. Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 2, 2014 Share Posted September 2, 2014 Hi If you have not been charged then you should not have an issue, if in doubt call the embassy. We are migrating in Jan 15 also, my partner has a conviction showing on his police check and we were given ours. Which embassy? Quote Link to comment Share on other sites More sharing options...
Quinkla Posted September 2, 2014 Share Posted September 2, 2014 I wouldn't talk to an Embassy or High Commission until I had taken advice from an agent. How you present the matter will probably affect how it is perceived and dealt with. You want to know whether you are simply giving additional information or needing to beg for mercy. Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 2, 2014 Share Posted September 2, 2014 On the other hand, it relates to drugs and Australia does not smile on drug users. In your position, I would talk to a registered migration agent for advice. After considerable advocacy, the last 'cautioned' drug offender I assisted was granted a visa, having been incorrectly advised by police and failed to declare the matter on 3 separate incoming passenger cards. He had 3 Australian citizen dependants (2 were infants) and the matter was 10 years old. This was before the latest ministerial direction concerning drug offenders. There is a popular misconception that an applicant must have been convicted to have an issue under section 501, character. If the minister 'reasonably suspects' association with; criminals, terrorists, drug dealers, paedophiles, pornographers, or is not happy about past and present general conduct there is an issue. A visa applicant would be pushing the proverbial uphill having failed to declare and then trying to make a case that the discretion to refuse (or to not cancel) a visa should not be exercised. Quote Link to comment Share on other sites More sharing options...
Powers Posted September 2, 2014 Author Share Posted September 2, 2014 Thanks for all the responses people. Really appreciate it, putting my mind at ease slightly more! ill wait to hear back from the police (as they were really thoughtful with my situation and said they may not put it on my record) and then go from there. Sounds like honesty is the best policy, and then just pray! :confused: Quote Link to comment Share on other sites More sharing options...
Quinkla Posted September 2, 2014 Share Posted September 2, 2014 Thanks for all the responses people. Your reply suggest you might not have fully understood or evaluated the responses you have had. Westly Russell is an experienced migration agent who knows about character assessments. His advice is that you are potentially in a lot of problems. I would therefore seek advice from a migration agent as a matter of urgency with a view to presenting the bad news to DIBP in the most favourable way possible. If you have already received a police caution then it will already be in the system and it will show up when DIBP next asks you for a police check. Quote Link to comment Share on other sites More sharing options...
Powers Posted September 2, 2014 Author Share Posted September 2, 2014 Thanks for all the responses people. Really appreciate it, putting my mind at ease slightly more! ill wait to hear back from the police (as they were really thoughtful with my situation and said they may not put it on my record) and then go from there. Sounds like honesty is the best policy, and then just pray! :confused: No I understand what wrussell is saying, I posted this message before I had seen his last post. Thanks a lot for all your help, I'll go down the route of telling my c/o and grovelling! Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 3, 2014 Share Posted September 3, 2014 No I understand what wrussell is saying, I posted this message before I had seen his last post. Thanks a lot for all your help, I'll go down the route of telling my c/o and grovelling! The discretion to make a decision on a character issues does not reside with case officers. Quote Link to comment Share on other sites More sharing options...
conor222 Posted September 3, 2014 Share Posted September 3, 2014 Shouldn't affect Quote Link to comment Share on other sites More sharing options...
conor222 Posted September 3, 2014 Share Posted September 3, 2014 Do a stat dec about it Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 22, 2014 Share Posted September 22, 2014 (edited) Shouldn't affect How much do you know about the new ministerial direction on anything drug-related and recent decisions related to this? From another registered migration agent: I called the Character section about this harsh decision and explained that in the past this would have sailed through. The person I spoke with stated that this is the new clear instruction from this Minister, especially on any drug related offences (even if very minor). Edited September 22, 2014 by wrussell added more Quote Link to comment Share on other sites More sharing options...
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