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Found 40 results

  1. Hi, I applied for my subclass 417 visa online yesterday. I have a drink driving conviction from 2010, I did declare this but reading in some forums it seems there is another visa you can apply for if you have convictions. I don't mind getting my police record with just this on and presenting in if required in my application as I have never been involved with drugs/weapons or in jail. The friend I applied with was accepted in half hour, I was expecting a delay with mine but now worried and may have wasted 365AUD! Just wondering if anyone has applied this way with like convictions or has any advice? Many thanks
  2. samsid

    Visa Info

    I'm in this situation applying for student visa in Australia and I'm facing DUI charges in US..not convicted yet, but had to left States due to family emergency. Had a court date but missed it. Being an Indian citizen my question is should I need to declare in the student visa forms about DUI charges OR knowing that the laws of AU aren't after DUI conviction to grant a visa, it may not necessary to disclose on the forms? Much Appreciated Response.
  3. msiwek

    Criminal conviction questions

    Hi all! I am going to Australia on a temporary project at a university. My husband wants to come with me but he has a criminal conviction (no jail time, non violent or drug related) from 8 years ago. However he did not declare it on a visa 2 years ago... Now we will apply for a spousal visa as a dependent to my visa and a tourist visa in case this doesn't work out. We will state that he forgot to declare his conviction on a previous application because it was spent in the UK. Do you think it will work? I'm really panicked because we only just got married and would hate to be separated for 8 months. Any advice or experiences you can share? Thank you!
  4. Hi I would like to know what happens if you dont put a tick on the criminal record box on your landing card or WHV application (and you do have a minor record) and you land up applying for a more permnaent visa 2 years down the line. Will you be knee deep in you know what or do they accept that people make mistakes and just ask a few questions why you didnt declare it!!!!!
  5. Hi all, We are currently on a 457 visa and submitted our PR application. My partner has a conviction from 2007 which he has been asked to give details on. The issue is it was a drunken offence and he is sketchy on the details, for this reason and given it was 10 years ago. Can anyone give guidance or comment on how much detail they are actually looking for. Best wishes LCDP
  6. Ms Taurus

    visa 457 and conviction

    I have a potential 457 sposorship offer and just as i think abou the visa process, i came up with a question. I studied in AU and had criminal record from fraud 10 years ago. No jail time, just fine. it was an one off incident and i am going to be honest with the immigration coz i do not want it to be discovered later on, its going to look ugly that way. my question is: do i have to reveal this to my potential employer? I mean, they did not ask about police check or character reference or any sort. Will it affect my visa if i don't tell my employer about a conviction over 10 years ago? my assumption is that i'll be ok as long as i am honest with immigration up front. thanks!!
  7. Hi Guys, I hope you are all well? Some time ago I posted a thread on my conviction worry when applying for a working holiday visa, fortunately the visa was approved, I declared my conviction and the migration agent was satisfied enough to approve my visa without a police certificate. I have now been offered a 457 Visa by the company I am working for, I spoke to my assigned migration officer who requested a police certificate to confirm what I had said was correct.......which it was, BUT 2 other minor issues came up on the certificate, both for 'scrapping'. I am no thug and I am not going to excuse my actions, but I have put together a letter below explaining the incidents, just so people can give their thoughts on what they anticipate the outcome to be...... I have been in Australia for 7 months already and the company have supplied all the supporting paperwork and evidence for my application. The agent did say it was approved, but she was just waiting on the certificate. I am concerned that my other cautions may throw a spanner in the works..? My letter: - "I am writing this covering letter not to justify my actions or claim innocence for any of them, but merely to explain the circumstances to which the situations occurred. My reprimand took place at my school at the age of 15/16 years old, I had a dispute with a friend that turned into a scuffle, this was broken up by a teacher, when taken to our headmaster, we were both sent to the police station, as we had both struck one another. Our headmaster sent us to the police station to teach us a lesson and because it was our school policy. We both received reprimands and were back being friends within the hour. The caution was given when I was out in a nightclub at the age of 18, a larger gentleman pushed me out of his way, and then began to verbally abuse me in a nightclub, during the verbal abuse the gentleman tried to head-butt me, in self-defence I did react and struck the gentleman twice, I handed myself to security and explained the situation, the police came and I gave a statement but was not arrested, the other gentleman was arrested and charged with ABH as he instigated the situation and was the aggressor, I did react but the police officers at the time were very understanding and gave me a caution on the spot as despite the gentleman being the aggressor, I did strike him twice. I was unaware that a caution was given for this incident, as at the time I was only given a public order offence notice. I shouldn’t have reacted and this is something I deeply regret, on reflection as soon as the gentleman head-butted me, I should have walked away and reported him. The last was my only conviction, whilst visiting a Sunday market with Heidi almost 3 years ago, a drunken male walked past and hit Heidi for no reason, this provoked a defensive reaction and I did become involved in a fight with the gentleman, the police were just across the street and witnessed the altercation take place, during this altercation an advertising frame was damaged by both myself and the gentleman falling onto it (hence the damaged property note), as soon as the police became involved I instantly cooperated, this was all noted in court and the judge was made aware of the whole situation, both myself and the gentleman sustained no serious injuries and due to the circumstances of my reaction and the officers account of the situation, the judge was very lenient during my sentence, although the order states ’18 month supervision requirement 18 month programme requirement’, these were both tied in together, the programme was over 18 months, it consisted of 18 classes, one a month, the supervision was a part of that order in the sessions. The other gentleman was convicted of GBH and as he had several other convictions for similar offences, he was sentenced to 12 months imprisonment. I am by no way excusing my behaviour and I do deeply regret the trouble I have found myself in, during the past, but I am a trustworthy, honourable person, who only means to do the right thing. I can assure you that my good deeds far exceed the bad one’s. If I could rewind time and take back the things I have done, I most certainly would. Solving violence with violence is not the right thing to do and I am fully aware of that and ashamed of my previous actions. I ask that you consider the situations that I found myself in above and know that I never instigated one of them. I intend to abide by all laws during my stay in Australia, contribute toward the well-being of the country and continue to live as happily as I have during the past 7 months I have been in Australia and hope that my honesty will be seen as a positive beginning. I very much look forward to hearing back from you soon, hopefully with a positive outcome. My reprimand took place at my school at the age of 15/16 years old, I had a dispute with a friend that turned into a scuffle, this was broken up by a teacher, when taken to our headmaster, we were both sent to the police station, as we had both struck one another. Our headmaster sent us to the police station to teach us a lesson and because it was our school policy. We both received reprimands and were back being friends within the hour. The caution was given when I was out in a nightclub at the age of 18, a larger gentleman pushed me out of his way, and then began to verbally abuse me in a nightclub, during the verbal abuse the gentleman tried to head-butt me, in self-defence I did react and struck the gentleman twice, I handed myself to security and explained the situation, the police came and I gave a statement but was not arrested, the other gentleman was arrested and charged with ABH as he instigated the situation and was the aggressor, I did react but the police officers at the time were very understanding and gave me a caution on the spot as despite the gentleman being the aggressor, I did strike him twice. I was unaware that a caution was given for this incident, as at the time I was only given a public order offence notice. I shouldn’t have reacted and this is something I deeply regret, on reflection as soon as the gentleman head-butted me, I should have walked away and reported him. The last was my only conviction, whilst visiting a Sunday market with Heidi almost 3 years ago, a drunken male walked past and hit Heidi for no reason, this provoked a defensive reaction and I did become involved in a fight with the gentleman, the police were just across the street and witnessed the altercation take place, during this altercation an advertising frame was damaged by both myself and the gentleman falling onto it (hence the damaged property note), as soon as the police became involved I instantly cooperated, this was all noted in court and the judge was made aware of the whole situation, both myself and the gentleman sustained no serious injuries and due to the circumstances of my reaction and the officers account of the situation, the judge was very lenient during my sentence, although the order states ’18 month supervision requirement 18 month programme requirement’, these were both tied in together, the programme was over 18 months, it consisted of 18 classes, one a month, the supervision was a part of that order in the sessions. The other gentleman was convicted of GBH and as he had several other convictions for similar offences, he was sentenced to 12 months imprisonment. I am by no way excusing my behaviour and I do deeply regret the trouble I have found myself in, during the past, but I am a trustworthy, honourable person, who only means to do the right thing. I can assure you that my good deeds far exceed the bad one’s. If I could rewind time and take back the things I have done, I most certainly would. Solving violence with violence is not the right thing to do and I am fully aware of that and ashamed of my previous actions. I ask that you consider the situations that I found myself in above and know that I never instigated one of them. I intend to abide by all laws during my stay in Australia, contribute toward the well-being of the country and continue to live as happily as I have during the past 7 months I have been in Australia and hope that my honesty will be seen as a positive beginning. I very much look forward to hearing back from you soon, hopefully with a positive outcome." So guys....I open the forum to anyone willing to comment on my current situation. What do you all think, truthfully, will my 457 visa be granted or will the cautions now cause me an issue? Thanks Rick
  8. Guest

    Whv 417 with convictions

    Ok , so last night i applied for a a 417 working holiday visa on the DIAC website, i paid for this and received my transaction reference number (TRN) and reciept, however i cant access the progress of my application which asks for my transaction reference number, however i hold an e676 visa and it wasnt until initial processing of my application had commenced that i had even attempted to access this service, and when DIAC contacts me to let me know that application processing has commenced i wil be likely able to use this service. initial processing hasnt commenced as of yet as they have not notified me via email. However this is not my major issue, i declared all convictions on my record as i have previously and always been completely honest with diac, on my curren e676 visa application i was asked for police certificates etc for which i provided to diac, therefore when i had the option to attach documents for my 417 visa i decided to front load the application with the certificates and summary of events etc, as the certificates are still valid for another four months ( uk police certificates valid for 12months for Diac from date of creation) or so, thats what the guy at australia house had told me, anyway with the about offences (Common assault) - occurred in 2009 when i was just 14, (18 now though) and i received an 18month conditional discharge for (this is not a prison sentence,), however i wasn't actually actually convicted until 2011, as i had lived in france with my dad for 9 months. i entered australia in june 2012 on an e676 visa and declared everything at application stage and landing card i was found to be of good character and thus passed the character test. so much relies heavily on this visa, my boyfriend lives out on a WHV, and i didnt see him for 7months whilst he was there, i dont want to be excluded from australia due to the fact that i have a record and im extremlely embarassed about it, we both have been through so much together and he is only there because we had planned to go together but didnt and broke up, i then surprised him out there in june, as ive frontloaded my application provided everything they may possibly ask more to save them the trouble, including police checks and summary of events, the guy at australia house, london told me that if my whv is denied then i will still hold my e676 visa and can travel to australia. im just worried sick about it all, he means so much to me, and i want to travel back, anybody been in similar circumstance? im just a little at ease due to the fact i had previously passed the character test and diac already know of my convictions and granted me my e676, but worried if attach police certs without being asked for them was a bad idea for my whv 417, all already paid for etc, i just wanted it all to already be prepared for them so it can be asessed quicker
  9. I've seen loads of posts about people declaring their convictions for their visa apps etc, do they have to declare them again on the landing card? I ask because I'm travelling on my Oz passport so haven't had to declare my Drink Driving conviction at any point so far, do I just declare this on my landing card????
  10. Hey guys, just threw an awesome party for my brothers' 30th in Brisbane at the weekend. We had a band on the stage I built on the roof of our vans, decks out the back, it was epic. Anyway, the police turned up and gave me a direction to keep the noise down which I had to sign. They turned up a few hours later and demanded to see I.D, saying that there had been further complaints. The music had been turned off by this point and the party was dying down. So I went back inside my room and locked the door, fearful for my safety as they were very aggressive and I didnt want them to trash my room. So I was in there for no more than 10-15 minutes looking for my I.D, they were telling me if I came out with I.D there wouldn't be any further consequences. As soon as I left my room there were about 8 officers, they handcuffed me, put me to the ground and took me to the watch house for the rest of the night (purposefully hurting me in the process). Now I have to attend court on 7th June and face 2 charges- 1) contravene direction or requirement (noise order) 2) assault or obstruct officer (presumably going inside my room and locking the door) Now I'm not expecting anyone to give me any advice on the specific charges or what to do about it- I'm fairly confident I may be able to get off them both, but does anyone have any advice as to my current 457 visa in relation to this. If I do get convicted can they cancel my current visa? I'm right in thinking I have to put I have a case coming up on another 457 application (currently looking for another sponsor). I'm no criminal and really don't want this to spoil my chances of gaining residency! Any help much appreciated as always. Conrad x
  11. First of all thank you very much for letting me use you forum. I am a British Citizen living the last 17 years in Israel (Still have a valid British Passport). I wish to apply for an ETA, but I have a light conviction in Israel - not in the UK, for which I served 2 months community service. To be eligible to apply for an ETA it says you must have no criminal convictions for which the sentence or sentences (whether served or not) are for a total period of 12 months duration or more. So: I served only 2 months. It wasn't in the UK, would they even know? What do I do? Thanks.
  12. Hi all, I have been granted my WHV and will be heading over to OZ in the new year to be based in Melbourne and cant wait. My Dilema is that I will be buying a car or possibly using a family members and curious about the impact a drink driving conviction will on car insurance? The offence was just under 5 years ago and I have been told that I dont need to declare the offence as it happened in the UK but I would love to know if this is true as I want everything to be legitimate so not to cause further complications. Any advice you can give would be appreciated
  13. Hi all things were going so well, we've recently been asked for our medicals and police checks. After having the police checks returned we just found out my OH has a stepped down conviction from 1995. Apparently for 'allowing cannibis to be supplied on his premises' .He had a party in his flat at the time (1995) and the police came and caught one of the party goers smoking a spliff and arrested my OH as it was his flat and took him to court and fined him £125. At the time he thought he was being fined for 'allowing cannabis to be smoked in his flat' and thinks he remembers pleading 'not guilty'. But it was so long ago, and so petty as he wasn't even smoking cannabis himself let along supplying or awware of anyone suppling..plus has a completely clean record apart from that..does anyone know if this could screw things up for us? Has anyone got a similar conviction and been granted a visa. ?? we're applied for 176 state sponsored and worked so hard to get this far, we're devastated. any comments appreciated.
  14. Please help, we are due to visit in 12 weeks for a 3 week stay specifically to attend a wedding. We booked this in Feb have remortgaged our house to pay for the trip, and despite asking about visa at the time of booking and the fact that I have a criminal conviction I was told you get an ETA visa one month before. Being organised I have started early and realised this is not the case at all, I am now panicking! I was convicted 21 years ago for section 20, unlawful wounding and was sentenced for 15 months of which I served 6 months. It appears that I will have to apply for the Tourist Visa 676, but has anyone got any advice, on whether I am likely to be approved, or how long this may take and what information they will need. I am now 46 and will be travelling with my wife who is now distraught.
  15. HI, Im a little worried about my case. I want to apply to Working Holiday Visa in Australia, but I have a crminial charge in my record. Its was not a conviction, it was a Withheld Adjudication. I would like to know If still have to declare it on past convction on the application form? (even if it was not a conviction) The charge was cannabis possession (2 years ago) less than 20g. I had no imprisoment time, only had to pay a fine and I paid it. The case is Closed! It happens in the US while my visiting. Only one time, never had any other kind trouble. I would like to know if this would implie upon my visa application or if I could get the visa refused because of it. Seriously waiting on some answers. :err: Thanks all posters in advance.
  16. Hi Anyone have any experience of applying for a visa with a minor criminal conviction? My OH had an incident about 7 yrs ago that is spent that he served community service for and £100 fine. Really worried that the visa will be rejected on this basis
  17. Hi can anyone provide me with some help on this please? My partner has been offered a job in Perth and his work are sorting out a visa for him and I want to go with him. I have a conviction under the misuse of drugs act for which I received community service for one silly period in my life last year. Can I get a visa or will I be refused? I have never been in any other trouble in my life and this was said in court based on checks that I was of good character etc etc. I am worried sick that I can not go. I would be grateful of any info, thanks
  18. whitewash

    Drink Driving Conviction

    Hi Guys , A couple of years ago I was stupid enough to get into my car after having a few pints , got caught and I lost my drivers licence . It was the most stupid thing I've ever done , the implications are massive and always seem to come back to haunt me . It's a BIG MISTAKE ...don't ever even think about it , it's so not worth it ! I'm getting my licence back in the coming months . I've VIC SS sorted and am in the process of getting the main application in , meds , police , Ielts , etc .. I will need to swap my new licence within 6 months of arriving for a VIC licence. Does anybody have any experience or have heard of anyone who has had any experience when it comes to swapping their licence to an Oz licence when they have a disqualification for drink driving under their belt ? Will they refuse me a licence outright ? Make me start as a provisional / learner - start from stratch all over again ? I've checked on the vicroads.au site but they won't let you ask them online this particular type of question . If anyone has any ideas / info I would be so grateful . Thanks Dan
  19. Guest

    14 year old conviction?

    Hi all, Just starting to fill in 176 visa and got a question or 2. In 1997 when my OH was young and foolish he got 2 convictions- drink driving and driving whilst banned:daydreaming: Of course now he would never think of doing this and its never been an issue. As we are filling in our visa it asks for convictions- we are wondering do we just put all info on or is just convictions in last 10 years? Will this impact on our visa application?? Also I have been to Oz in 2003 and I think I got ETA holiday visa, got a stamp in passport but no paper visa so no visa number. Can I just leave the visa number blank and then scan in the passport page with stamp in?? Thanks guys
  20. Chris&Mel

    Form 80 Sibling Conviction

    Hello all, any advice, help or info on this dilema would be very much appreciated. I know the importance of declaring all known convictions and I intend to do so. However I was wondering what the implications of certain declarations are on your own visa application regarding sibling’s convictions. My situation is on Form 80 for my wife; here my wife’s brother has a serious conviction which resulted in a 3 year custodial sentence (we think that was the sentence). We do know what the actual conviction was but we are a little unsure of the sentence and we don’t have any contact with her brother. Every so often he will contact his mother but that’s all anyone hears about him nowadays. My concerns are what impact will his conviction have on our application, and will we need to track him down the get the full details etc? Thanks Chris & Mel
  21. Chris&Mel

    Conviction, is this an issue!

    I, at some point will have to declare the one conviction i have and was wondering if it would affect my chances of gaining my visa. Back in the summer of 2004 i recieved an on the spot fine, complete with a public order conviction, from taking a leak in a back alley. Obviously not anything too serious as im sure a great number of people at some point have done the same but i was'nt fortunate enough to get away with it! Can anybody shed any light on this conviction as i dont known how deeply this could affect my chances of getting my visa application approved. Thanks Chris
  22. redrobbersdog

    Police conviction

    Hi guys, a quick question(I hope) I filled in all the 176 application forms and submitted. All is well and we now have a co we have done our medicals and our police checks are now on their way to diac. However I have found out tonight from my mother in law in general conversation that hubby has a previous conviction but served no time for it about 20 years ago. Hubby has never mentioned it to me before and as I have filled all the forms in I never put on that there was any convictions. I'm worried now that it will show up on the pcc and how that now looks on our application. Any suggestions on what to do or other peoples experiences would be appreciated. Thanks Dawn
  23. I have a friend who is in a dilemma, they are applying for a whv. In the character references it asks do you have a criminal conviction. I said to answer no to that as I didn't think a caution is a criminal conviction and to write a brief note explaining about the caution and the circumstances leading up to it. Before he could proceed onto the next page an error message was displayed saying as he'd answered no that no description was to be written in the box so the question is: Does he answer yes and put the description in the box or is the answer no and say nothing, I'm just worried that if he does answer no it will jump up and bite him on on rear at a later date. Any suggestions?
  24. Hi all.. Hope someone may be able to help me.. Just recieved a case officer after 2 years (175 applied Dec 08) I have just recieved my police check from Ireland and there is an old charge of assault from 13 years ago. I was fined but no conviction was recorded but it still shows on my check. My former agent (the useless Liveinaustralia.com) told me I don't have to declare it as I was not convicted just charged. Now I am naturally worried that it may look like I was trying to hide it. Anybody had the sme problems... grateful for any advice...:policeman::policeman:
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