nurburgball Posted May 30, 2015 Share Posted May 30, 2015 Hi everyone, ive read alot of threads about this but i dont think ill stop myself from been paranoid unless i have my own as the ones ive read aren't for a similar offence to mine. Back in 2013 i was convicted for stealing from the local superstore i worked part time in, it was my first offence and i didn't go to jail, i got a fine which was compensation to pay back what i stole and 300 hours unpaid work. I deeply regret what i did, ive never been in trouble at any point before that, i was just stupid and naive and was in debt problems. Up to this point i have been 100% law abiding, got myself a full time job, started paying back the debt and obviously the fine. I know im not going to fly through the process and get a visa straight away which is why im going to get some character references (2 from the supervisors of my unpaid work and a long time family friend) All id like to know is, what are my chances? Thanks. Quote Link to comment Share on other sites More sharing options...
Bungo Posted May 30, 2015 Share Posted May 30, 2015 It will make the process longer than normal, but no it is highly unlikely to be a bar to getting the WHV. Just apply in good time. Quote Link to comment Share on other sites More sharing options...
nurburgball Posted May 30, 2015 Author Share Posted May 30, 2015 It will make the process longer than normal, but no it is highly unlikely to be a bar to getting the WHV. Just apply in good time. Thanks for the reply, does it matter that the fine (compensation) is for £4000? Quote Link to comment Share on other sites More sharing options...
Bungo Posted May 30, 2015 Share Posted May 30, 2015 Thanks for the reply, does it matter that the fine (compensation) is for £4000? I am not saying it doesn't matter, but that it would normally take a custodial sentence to be an actual bar to getting a visa. But any record and certainly a recent one like this, will mean extra scrutiny and you need to be prepared for that and allow extra time for processing. Quote Link to comment Share on other sites More sharing options...
nurburgball Posted May 30, 2015 Author Share Posted May 30, 2015 I am not saying it doesn't matter, but that it would normally take a custodial sentence to be an actual bar to getting a visa. But any record and certainly a recent one like this, will mean extra scrutiny and you need to be prepared for that and allow extra time for processing. Ok I'll be applying near enough a year in advanced. Thanks again. Quote Link to comment Share on other sites More sharing options...
Killara Posted May 31, 2015 Share Posted May 31, 2015 Hi everyone, ive read alot of threads about this but i dont think ill stop myself from been paranoid unless i have my own as the ones ive read aren't for a similar offence to mine. Back in 2013 i was convicted for stealing from the local superstore i worked part time in, it was my first offence and i didn't go to jail, i got a fine which was compensation to pay back what i stole and 300 hours unpaid work. I deeply regret what i did, ive never been in trouble at any point before that, i was just stupid and naive and was in debt problems. Up to this point i have been 100% law abiding, got myself a full time job, started paying back the debt and obviously the fine. I know im not going to fly through the process and get a visa straight away which is why im going to get some character references (2 from the supervisors of my unpaid work and a long time family friend) All id like to know is, what are my chances? Thanks. When you apply for the WHV, you will of course need to declare the conviction. Your application will then be flagged for a case officer to review. The case officer will need to decide whether you pass the character test for the grant of the visa. If you had received a term of imprisonment of 12 months or more (even if that term of imprisonment was suspended) then you would have been deemed to not pass the character test. Because you are not in that position, there is not that automatic finding, and a case officer needs to decide taking into account all of the circumstances, whether you do or do not pass the character test. The fine is a substantial fine, and 300 hours of community service is a lot. Was a term of imprisonment indicated if you were to fail to complete the 300 hours? A case officer would also take that in to account. The case officer is also required to consider the liklihood of re-offending in Australia. In this regard, certainly the character references are going to be important, because they provide some evidence that the offence is likely to be a one-off incident and that you have learnt your lesson; also, if you have ever done other voluntary work or given up your time to assist others, then references from them may also be useful as they show good character. Against the character references, on the other hand, the case officer will be considering the risk that you could commit a similar offence while in Australia. As a working holiday maker, you will may be in similar type roles for Australian employers.. Australia is expensive, and if you struggle financially to support yourself in Australia from the work you are getting (a factor which you say led to you offending last time), what is the risk that you might be tempted to commit a similar offence against an unsuspecting Australian employer? I am not asking that question of you - but these are the types of things that a case officer will be considering. In your application for a working holiday visa, you should include your criminal history police certificate, the character references, and also a personal statement / submission to the case officer as to why you should be considered to pass the character test and granted the working holiday visa. You may wish to consider using a registered migration agent to assist you in preparing a character submission, and I would recommend that you do use one that has experience in preparing character submissions (but of course you would probably expect me to say that anyway!). Quote Link to comment Share on other sites More sharing options...
nurburgball Posted May 31, 2015 Author Share Posted May 31, 2015 Thanks for the reply killara. Do you have a migration agent you can recommend? Quote Link to comment Share on other sites More sharing options...
Quinkla Posted May 31, 2015 Share Posted May 31, 2015 Thanks for the reply killara. Do you have a migration agent you can recommend? Killara is a registered migration agent. Quote Link to comment Share on other sites More sharing options...
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