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will my criminal conviction be allowed


barrystock

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For a Kiwi to be deported, he/she has to have received a custodial sentence of at least one year. So the crime would have been serious, very likely having involved violence. Many crimes involve criminal gangs. This policy is wildly popular in Australia and unlikely to change, whatever government we get ....finally....

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still waiting... So this morning I finally received corospondance from the VACCU. I have received an email with the heading Issue of Notice of Intention to Consider Refusal under s501 of the Migration Act 1958 They have essentially given me another opportunity to provide them with a character test. Not looking good and after so much time it feels as if this will be declined. Although on the up side, don't they normally just refuse? Can someone help, this was the body of the email that I received today.

 

Hi Barry, sorry to hear your news, but yeah atleast it's not an outright rejection you still have a chance to get a positive outcome. Best advice is to get an agent with extensive experience with applicants w/ criminal convictions. My husband and I consulted with Mr. Mark Northam (http://www.mnvisa.com) he gave use really good advice. Next thing to do is read all the attached documents in the email, especially the Ministerial Directive 65. Essentially you have to address all the issues there especially the part they specified "subparagraph 501(6)(d): in the event the person were allowed to enter or to remain in Australia, there is a risk that the person would: (i) engage in criminal conduct in Australia."

 

Come up with all the documents and proof that after your last incident, you have repented and reformed and is now a law-abiding citizen. Don't just use reference letters, also include any charity or volunteer work that you have done, if you have gotten any further education to better yourself and any objective evidence that you wont and are unlikely to "engage in criminal conduct". Good luck.

 

(Please note that I am not a migration agent and this is just based on our experience. There are several migration agents that post in PIO and am sure they will have more valuable advice so please consult with them)

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