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lizz12341

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  1. Thank you all for your responses When he applied for his WHV he was asked did he have any criminal convictions, he believed as did I that convictions are not the same as cautions and fines therefore answered no Again when we have completed the paperwork for our visas, the decloration and application form state do solemnly and sincerely declare that: (1) I have never been convicted of a crime or any offence in any country; (2) I have not been charged with any offence that is incomplete or awaiting legal action, nor am I aware of any investigation into my affairs that has the potential to lead to such charges; (3) I have not been acquitted of an offence on the grounds of unsoundness of mind or insanity; (4) I do not have any spent convictions under any spent convictions legislation in any country or any convictions on my police record; (5) I have not been involved in war crimes or crimes against humanity; (6) I have never been associated with anyone else who has been or could reasonably be suspected to have been, or is, involved in any activities referred to above; and (7) to the best of my knowledge I do not have any matters which are either unresolved or in which I have been, or am involved, that would bring into question whether or not I pass the character test(2) as defined at Section 501 of the Migration Act 1958. I have read section 501 and did not think that the caution would be included in this? So to clarify is recieving a caution being convicted of a crime? It is not that he has wanted to hide anything, we did not beleive that a caution or fine would be included in this and again on landing cards. Where we live we are quite isolated with limited options for meeting face to face with a RMA, I have looked online however I am reluctant to have a phone call consulatation, any advice or reccomendations? Thanks
  2. Hi all, I have tried to find my answers in previous posts however there is lots of conflicting information and not an answer to a specific question that I have so here goes... I am about to apply for a skilled independent 189 visa, and I am adding my de facto partner to the application We are living in Australia at the moment on a WHV, I have all required to apply... skills assessment, qualifications, ID, medicals completed, UK police checks and although we have not lived in Aus we have Aus police checks just incase, IELTS completed for points etc Our UK police checks came back and although mine is fine, no trace; my partners has a stepped down caution for possessing a class A drug in 2012. He is going to contact the Uk police for further information as I have read this is commonly asked for He tells me that he has also been arrested in the past, 4 times for being drunk and disorderly, was taken to the police station and issued a fine with no further action My questions are 1 - where does he actually declare this? We have looked at the application form and character reference stat dec many times, it states has be a conviction therefore we initially said no as it is only a caution 2 - If he requests a subject access from ARCO, does this just list all information held against him, or will it provide more information about this particular issue which I assume DIBP will require more information for 3- Does he declare the other arrests? Should we be worried about these past issues? 4- Should he write a letter and upload this with our application, explaining his guilt and how he is a reformed character which he genuinely is? Any help would be greatly appreciated, at present we are finding it difficult to locate an appropriate RMA and we also are having difficulty visiting a RMA as we work long hours and are not in a position to take time off at present Cheers
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