will my criminal conviction be allowed

right, so I know this is one of them stupid questions that everyone has asked and pretty much no one can answer.

However, I have sent off for my visa today and have declared all of my 7 criminal convictions, starting from when i was 15 (immitation of a firearm(got caught with a BB gun)) to possession of cocaine to 2x drink driving convictions. i haven't been to prison and have only received reprimands to cautions on all of my convictions.

Does anyone have something similar to this or worse that has been granted access to Australia? or does anyone know my chances of being able to get it. I have a extremely good job offer from 2 recruitment companies in sydney within a really needed market and want to know if my criminal record will be an issue.

Thanks,

You'd have been laughing 50 years ago...

I remember speaking to an agent several years back and he said one conviction ok two would be frowned upon. Good luck.

Husband has a few similar minor convictions from his youth to his early twenties, a caution or two (cant remember now). He was fine, they didn't even ask him anything. He did submitted all the necessary police checks and didnt hide anything. Filled in Form 80 to discuss each charge briefly.

@jac2011 I know I am very much "pushing my luck" however I have to try. I have submitted my 417 WHV this morning, it hasn't asked me to fill out any forms i.e. "form 80" is this something that they ask for later down the line? I do have my ACRO certificate which has all my convictions on, however it hasn't asked for any documents as of yet?

@jac2011 I know I am very much "pushing my luck" however I have to try. I have submitted my 417 WHV this morning, it hasn't asked me to fill out any forms i.e. "form 80" is this something that they ask for later down the line? I do have my ACRO certificate which has all my convictions on, however it hasn't asked for any documents as of yet?

When was the last convictions? They may not ask for more information if you're applying for a WHV, however, it may come under more scrutiny and you may be asked to provide additional information if you intend to apply for a more substantive visa, but I doubt it would stop you being granted one

You're probably aware also that you cannot work for an employer for more than 6 months on the WHV

The link provides information regarding the character requirements ~https://www.border.gov.au/Trav/Visa/Char

@barrystock

Personally I don't think you'll have much of a problem. On the face of it you've not received any convictions that result in a custodial sentence, but it will depend on how the department 'see' your character, and if they think that you'll be at risk of offending whilst in Australia.

The most important first step is one you've already taken....being honest with them and admitting all of the offences before they found out. That will carry a lot of weight in your favour.

Best of luck, and please let us know what happens.

There's just been a doco on the TV here in Queensland, About 5 New Zealanders, Being deported from Australia, and have had to leave their families behind. One has been in Australia since he was 2 years old. He was deported because he was convicted of road rage. The other 4 had lived in Australia for over 20years.And had been convicted on drug charges. Nothing I would say that Million's of Aussies haven't done. But it Seems the Aussie's are getting very tough.

There's just been a doco on the TV here in Queensland, About 5 New Zealanders, Being deported from Australia, and have had to leave their families behind. One has been in Australia since he was 2 years old. He was deported because he was convicted of road rage. The other 4 had lived in Australia for over 20years.And had been convicted on drug charges. Nothing I would say that Million's of Aussies haven't done. But it Seems the Aussie's are getting very tough.

The kiwis have a particular condition on their Subclass 444 SCV Special Category Visa to adhere to the Trans-Tasman agreement, it's says that they must not have any convictions.

I think they call it 'Behaviour Concern - Non Citizen'

The same applies to Aussies in NZ.

Hi All,

Just an update, I have received an email and when logging onto the online.immi.gov.au website. All I was asked to do is provide a character reference and also provide evidence of my convictions (ACRO). I am currently waiting to hear back from them, not sure if this is a long process, but I submitted 4 references, my contract from my employer over their and the ACRO certificate and just my perspective of all my convictions in detail. I hope this helps, I will continue to update you, regardless if I get accepted/rejected. Fingers crossed though as I have a really good opportunity, can anyone comment on their experiences of this happening to them.

Thanks,

Lee

Hi All,

 

Just an update, I have received an email and when logging onto the online.immi.gov.au website. All I was asked to do is provide a character reference and also provide evidence of my convictions (ACRO). I am currently waiting to hear back from them, not sure if this is a long process, but I submitted 4 references, my contract from my employer over their and the ACRO certificate and just my perspective of all my convictions in detail. I hope this helps, I will continue to update you, regardless if I get accepted/rejected. Fingers crossed though as I have a really good opportunity, can anyone comment on their experiences of this happening to them.

 

Thanks,

Lee

Good Luck lee

Hi All,

 

Just an update, I have received an email and when logging onto the online.immi.gov.au website. All I was asked to do is provide a character reference and also provide evidence of my convictions (ACRO). I am currently waiting to hear back from them, not sure if this is a long process, but I submitted 4 references, my contract from my employer over their and the ACRO certificate and just my perspective of all my convictions in detail. I hope this helps, I will continue to update you, regardless if I get accepted/rejected. Fingers crossed though as I have a really good opportunity, can anyone comment on their experiences of this happening to them.

 

Thanks,

Lee

If the contract from your Aussie employer that you have submitted is for employment which exceeds the 6months employment condition of the visa you've applied for, you might also have some issues.

The employment letter had to be 6 months, which is what I had received.

I am am however still waiting for the minister to sign off my application. Have been patiently waiting 6 weeks since this was advised and starting to panic, as my employer has asked and wanted me to start in Feb, I don't know the maximum processing times it can take.

I will ill update this post as soon as I hear back. I hope this helps anyone.

have a great new year.

I have very similar situation here. I didn't lie in my visa application. I have three criminal offenses. All three were conditional imprisonments. Last one was in 2011. Since that I have no problems with police. I moved to England and changed my life and friends. Never been in prison. Yesterday I got a letter that I might not pass characters test and my visa application was sent to VACCU. I have no idea how long I need to wait for reply. I'm afraid I won't get my visa unfortunately. Please keep updating and let us know when u get an answer from minister. I wish you good luck with your visa!

For determining whether someone has been imprisoned, any suspended or conditional prison sentences are generally considered as imprisonment.

Additionally, any prison sentences imposed by a court are counted, not just the actual time behind the door.

However, the time elapsed since the last sentence, conduct since the last sentence, and also the severity of the crime are all considered carefully.

Well, i saw so many guys with criminal convictions getting their visas - some had one, others had few convictions in the past - none crossing the 12 month custodial sentence requirement. I think barrystock gonna be all right with his visa.

Mingi Reigo - you may have some issues, as indeed, they consider suspended sentences as custodial sentences, but can you clarify, do you mean "suspended sentences", "conditional discharge" or "Conditional sentence". These are three different things (well, at least in the UK Criminal Law)

In case of a conditional sentence it may mean such things as community service for example or curfew - so in a case if a person is convicted to 360 hours of unpaid work then this person may be given 2 years to complete this. In such a case it will not (i assume so at leat) be considered custodial sentence of over 12 months.

Good luck guys

Hi guys, im kind of in the same boat. well my husband who is the secondary applicant in our visa application has some minor offences. the most serious one for battery where he received the following punishment. Could anyone sya if this means 8 weeks suspended imprisonment over 2 years supervision or is it a 2 year suspended imprisonment?

"suspended imprisonment 8 weeks wholly suspended

24 months consecutive supervision requirement

unpaid work requirement 150 hours

program requirement 27 days integrated domestic abuse"

we applied on august 17 and submitted my husband's australian and uk acro clearance certificate within that week. case officer asked for husband's medicals, form 80 and 1221 on october 2. no more news after that. we've submitted a document detailing each offence and my husband's perspective on them and how he has turned his life around since. last offence in the uk was 2010. we have collected character references but not sure yet if we should upload or wait for the case officer. to be honest i thought if they had a problem with my husband's convictiobs they would have told us early on as we submitted his pccs from the very start..no update if our case has been passed to VACCU or to the minister..

Thank you for your quick reply! I'm not really sure as my offenses were in Estonia. It says : conditional imprisonment. Full conditional release with sentence with supervision conduct. Basically I had to visit supervisior once in a month on my probation period.

Btw I'm applying for working holiday visa 417

It's interesting to see outcomes, but forum members are unlikely ever to see enough outcomes to be able to predict especially because we are never able to see the explanations, testimonials etc that influence the decisions. Plus, social values change. A couple of years ago there was a big thing about being tough on people with drug convictions. This year, everyone seems to be focusing on domestic violence (Rosie Batty, the Australian of the Year is a campaigner against DV).

unpaid work requirement 150 hours

Slavery has been abolished.

hello, just wanted to share our status with you. this morning we got a letter from VACCU (the external agency doing character checks on applicants) containing a letter of intent to refuse based under s501 of the migration act. basically says that they might refuse our application based on my husband's previous criminal record. they are giving us 28 days to respond. if we dont respond in 28 days, they will decide on our case based on the documents they have now which is my husband's passenger card back in 2013 when he first arrived in Aus, online visa application, form 80 for husband, Australian and UK police clearance, and a FORM 1023 where we detailed all his offences and provided a background on each offense and how my husband has repented and changed for the better since then. We're still not losing hope and we are planning to reply within 3 weeks time. As of now we have reference letters from his mum, former employees and a few from his Australian friends. I'll have to write him one and ask his brother who lives in Sydney to write him one as well. Hoping for grants for everyone else! Keep the faith XX

hello, just wanted to share our status with you. this morning we got a letter from VACCU (the external agency doing character checks on applicants) containing a letter of intent to refuse based under s501 of the migration act. basically says that they might refuse our application based on my husband's previous criminal record. they are giving us 28 days to respond. if we dont respond in 28 days, they will decide on our case based on the documents they have now which is my husband's passenger card back in 2013 when he first arrived in Aus, online visa application, form 80 for husband, Australian and UK police clearance, and a FORM 1023 where we detailed all his offences and provided a background on each offense and how my husband has repented and changed for the better since then. We're still not losing hope and we are planning to reply within 3 weeks time. As of now we have reference letters from his mum, former employees and a few from his Australian friends. I'll have to write him one and ask his brother who lives in Sydney to write him one as well. Hoping for grants for everyone else! Keep the faith XX

Did he he mention his convictions on his landing card? I know two couples who had issues because on previous visits to Australia they'd failed to mention them, then did on their visa applications.

hello, just wanted to share our status with you. this morning we got a letter from VACCU (the external agency doing character checks on applicants) containing a letter of intent to refuse based under s501 of the migration act. basically says that they might refuse our application based on my husband's previous criminal record. they are giving us 28 days to respond. if we dont respond in 28 days, they will decide on our case based on the documents they have now which is my husband's passenger card back in 2013 when he first arrived in Aus, online visa application, form 80 for husband, Australian and UK police clearance, and a FORM 1023 where we detailed all his offences and provided a background on each offense and how my husband has repented and changed for the better since then. We're still not losing hope and we are planning to reply within 3 weeks time. As of now we have reference letters from his mum, former employees and a few from his Australian friends. I'll have to write him one and ask his brother who lives in Sydney to write him one as well. Hoping for grants for everyone else! Keep the faith XX

It may be worth getting a migration agent to help.

Hi Que Sera Sera and Pom Queen, thanks for your replies. Yes we are in contact with a migration agent that has a lot of experience with applicants with previous convictions. He seems very encouraging despite the fact that it can be a reality that we will be refused based on this. Still, we will try to get a positive response from DIBP. Unfortunately my husband did not declare his previous conviction on his passenger landing card. Que Sera, could you share what happened to your two friends who didn't declare their convictions on their passenger card? Were they still able to get a permanent visa to Aus?

Hi Que Sera Sera and Pom Queen, thanks for your replies. Yes we are in contact with a migration agent that has a lot of experience with applicants with previous convictions. He seems very encouraging despite the fact that it can be a reality that we will be refused based on this. Still, we will try to get a positive response from DIBP. Unfortunately my husband did not declare his previous conviction on his passenger landing card. Que Sera, could you share what happened to your two friends who didn't declare their convictions on their passenger card? Were they still able to get a permanent visa to Aus?

Yes I can they did go on to get visas but they both did use a very well respected Migration Agent, so if you're doing the same all you can do is wait, it's nerve wracking I know. Good to point out to others though as this seems to catch a lot of people out. Good luck.