Guest rkellyis Posted July 31, 2010 Share Posted July 31, 2010 To whom it may concern I am writing to you in regards to a working holiday visa sub class 417. i need to obtain information on the process of applying with a criminal record, any help or information you can provide me with would be very much appreciated as i am unsure whether i am eligible to apply for such visa. My names I am 30 yrs old, i have a criminal record with a serious offence dating 06/11/99 which included robbery, possessing firearm with intent to cause fear of violence, attempt to take motor vehicle without owner’s consent, assault occasioning actual bodily harm, theft, taking motor vehicle without the owners consent. This was all one offence dated 06/11/99 which is 11 yrs ago to which I received 2yrs detention and 18 months probation which in the UK is cut in half so I only served 12 months in a young offenders centre. Other than that I have 15 other convictions consisting of one count of theft and one burglary. The other 13 are minor driving offences. (To which I have been informed does not count as criminal convictions in regards to visa applications?). With regards to the above, all my last criminal convictions are dated the 13/12/99. Post custody, I left the young offenders centre in 12/00 and went to England where i got a job as a part -time cashier in a bookmakers. After six months I was promoted to deputy manager, after a further three months I was promoted to shop manager. Following this I applied for a store managers job at Focus DIY which I was successful, in 2002 jobs came up for Toyota which was the best place in the area to work, the interview process took me 5 months, I got the job and stayed there to 2004 until I decided to return to northern Ireland to further my education, I enrolled for a course at the University of Ulster doing a foundation degree, I completed the course which I was really proud of as coming from my poor background we did not have much opportunity of education and at the present moment I am in my third yr of a computer science degree with honours. Link to comment Share on other sites More sharing options...
Parley Posted July 31, 2010 Share Posted July 31, 2010 Sorry to be blunt, but I don't think you have much hope with a past like that. Link to comment Share on other sites More sharing options...
Guest rkellyis Posted July 31, 2010 Share Posted July 31, 2010 the fact that its ten yrs ago would that not be taken into consideration, and my education to date Link to comment Share on other sites More sharing options...
Purple Princess Posted July 31, 2010 Share Posted July 31, 2010 Substantial criminal records A person is deemed to have a substantial criminal record if they have been: sentenced to either death or life imprisonment sentenced to a term of imprisonment for 12 months or more sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution. I'm not sure if this applies to a WHV,or whether you would be ok as time was spent in a young offenders, however, it doesn't look good. I would get specialist advice from a Migration Agent in your circumstances. Also, be prepared, if you get your visa, for a lengthy stay with immigration once you land on Australian soil...., they could even send you back... Steph xxxx Link to comment Share on other sites More sharing options...
Peach Posted July 31, 2010 Share Posted July 31, 2010 Hi, I must admit the outlook looks bleak. But I would consider speaking to a Migration agent that claims to specialise in dealing with visa applications from people with a criminal history - rather than just the advice of us well meaning amateurs. Richard Gregan is one such agent: About Overseas Emigration Visas Link to comment Share on other sites More sharing options...
BuddysMum Posted July 31, 2010 Share Posted July 31, 2010 Get professional advice. As well-meaning as we all are, we are not experts in this field (well, most of us aren't). I can see that your offences are indeed very serious, but you seem to have turned your life around and it looks as though your last offence was 10 years ago? Like you, I would have thought that would count for something. Just be very honest. Don't, whatever you do, try to cover it up. I really hope you get your chance. And well done for turning things around. Link to comment Share on other sites More sharing options...
chalkyhill Posted July 31, 2010 Share Posted July 31, 2010 The criminal record check for a visa is a basic level one - which shows any unspent convictions. If this was ten years ago then it may be unspent. Spent convictions only show up on an enhanced which can only be carried out for people working with children or aar. Link to comment Share on other sites More sharing options...
Guest true blue sue Posted July 31, 2010 Share Posted July 31, 2010 To whom it may concern I am writing to you in regards to a working holiday visa sub class 417. i need to obtain information on the process of applying with a criminal record, any help or information you can provide me with would be very much appreciated as i am unsure whether i am eligible to apply for such visa. My names I am 30 yrs old, i have a criminal record with a serious offence dating 06/11/99 which included robbery, possessing firearm with intent to cause fear of violence, attempt to take motor vehicle without owner’s consent, assault occasioning actual bodily harm, theft, taking motor vehicle without the owners consent. This was all one offence dated 06/11/99 which is 11 yrs ago to which I received 2yrs detention and 18 months probation which in the UK is cut in half so I only served 12 months in a young offenders centre. Other than that I have 15 other convictions consisting of one count of theft and one burglary. The other 13 are minor driving offences. (To which I have been informed does not count as criminal convictions in regards to visa applications?). With regards to the above, all my last criminal convictions are dated the 13/12/99. Post custody, I left the young offenders centre in 12/00 and went to England where i got a job as a part -time cashier in a bookmakers. After six months I was promoted to deputy manager, after a further three months I was promoted to shop manager. Following this I applied for a store managers job at Focus DIY which I was successful, in 2002 jobs came up for Toyota which was the best place in the area to work, the interview process took me 5 months, I got the job and stayed there to 2004 until I decided to return to northern Ireland to further my education, I enrolled for a course at the University of Ulster doing a foundation degree, I completed the course which I was really proud of as coming from my poor background we did not have much opportunity of education and at the present moment I am in my third yr of a computer science degree with honours. If I were you I would contact the Australian Consulate directly and ask them if you are likely to get a visa before spending money on immigration agents or applying for a visa online and landing in Australia, only to be turned around and sent back. Also see if you can get references from your workplaces and university to show Australian Immigration. They take these things into consideration as well. Link to comment Share on other sites More sharing options...
Peach Posted July 31, 2010 Share Posted July 31, 2010 The criminal record check for a visa is a basic level one - which shows any unspent convictions. If this was ten years ago then it may be unspent. Spent convictions only show up on an enhanced which can only be carried out for people working with children or aar. This isn't correct. A Police Certificate (which is what is required for a visa application) will list all recent criminal convictions. If you have offenses that have either been spent under the rehabilitation of offenders act 1974 (typically 5 years) or stepped down under PNC rules (typically 10 years) depending on the offense, the certificate will read "No Live Trace". If you have no criminal record the certificate will read "No Trace". So from reading the certificate immigration can tell even if you have spent convictions. Link to comment Share on other sites More sharing options...
Peach Posted July 31, 2010 Share Posted July 31, 2010 If I were you I would contact the Australian Consulate directly and ask them if you are likely to get a visa before spending money on immigration agents Sorry, but this is also bad advice. The Australian consulate is there to apply the the law, not offer advice. If you ring Australia House the first thing the recorded message tells you is to speak to an agent if your application is likely to be complicated. All decent agents will give you a free assessment of your circumstances and visa chances. Link to comment Share on other sites More sharing options...
Les Mighalls Posted July 31, 2010 Share Posted July 31, 2010 the fact that its ten yrs ago would that not be taken into consideration, and my education to date Whether or not you can get the application up will be due to many factors. Elapsed time is one, but more importantly what you have done with your life since. Do NOT simply put in an application. You will need a substantial submission accompanying it drafted with an eye to the legislation and, in particular, Ministerial Directive No. 41 if there is to be any hope of success. If I were you I would contact the Australian Consulate directly and ask them if you are likely to get a visa before spending money on immigration agents This is the worst possible advice. The AHC are the very last people you want to talk to. A blunt, "I did this, can I get a visa?" is guaranteed to get a no and if the caller identifies himself it could well screw things up forever. If you have a conviction or convictions such that s501 of the Act comes into play then considerable finesse is required. In reply to the OP, your chances are not good, but your life since may well give some hope of activating ministerial discretion under MD41. Far more information than I would be comfortable posting publicly will be needed before any proper judgement can be made on your chances of success. Link to comment Share on other sites More sharing options...
Rudi Posted July 31, 2010 Share Posted July 31, 2010 I think you have some good advice on this thread and some very poor advice!!!! It's so frustrating to me to see people who really have no idea what they are talking about dishing out such poor advice, which could actually make things worse for you. It sounds like you have really turned you life around and I wish you the very best of luck. Love Rudi x Link to comment Share on other sites More sharing options...
Guest Craig121 Posted October 30, 2010 Share Posted October 30, 2010 Substantial criminal records A person is deemed to have a substantial criminal record if they have been: sentenced to either death or life imprisonment sentenced to a term of imprisonment for 12 months or more sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution. I'm not sure if this applies to a WHV,or whether you would be ok as time was spent in a young offenders, however, it doesn't look good. I would get specialist advice from a Migration Agent in your circumstances. Also, be prepared, if you get your visa, for a lengthy stay with immigration once you land on Australian soil...., they could even send you back... Steph xxxx Hi, I am also currently applying for a working holiday visa sub class 417, when asked on my online application if i had a criminal record, i was unsure whether my offence was regarded as a substancial criminal record as i have a Drunk and Disorderly charge from 2006, from which i appeared in court and paid a fine. Do you know if this is considered as substancial? What are my chances of having a visa granted? Is there anything else i am required to do when filling out my application other than stating my offence? It would be appreciated if you could get back to me, Thanks Craig Link to comment Share on other sites More sharing options...
Purple Princess Posted October 30, 2010 Share Posted October 30, 2010 Hi, I am also currently applying for a working holiday visa sub class 417, when asked on my online application if i had a criminal record, i was unsure whether my offence was regarded as a substancial criminal record as i have a Drunk and Disorderly charge from 2006, from which i appeared in court and paid a fine. Do you know if this is considered as substancial? What are my chances of having a visa granted? Is there anything else i am required to do when filling out my application other than stating my offence? It would be appreciated if you could get back to me, Thanks Craig Hi Craig,I'm no expert but I think you will be fine, I would declare it on your application though, if you don't they might send you on the next flight back to wherever you've come from! Steph xxxx Link to comment Share on other sites More sharing options...
mrcatania Posted October 30, 2010 Share Posted October 30, 2010 Good on you for turning your life around.... I am sorry though, with your history I have no sympathy, you should have been banged up long ago. Link to comment Share on other sites More sharing options...
Guest guest33730 Posted October 30, 2010 Share Posted October 30, 2010 Good on you for turning your life around.... I am sorry though, with your history I have no sympathy, you should have been banged up long ago. I think you will find he was! but served his sentence and then turned his life around! Daniel Link to comment Share on other sites More sharing options...
Guest Nando65 Posted October 30, 2010 Share Posted October 30, 2010 Thank you, took the words right out of my mouth. Second chance, not nice but changed life around, boy does good, giving someone a break................................. Link to comment Share on other sites More sharing options...
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