JC81 Posted January 2, 2013 Share Posted January 2, 2013 Hi there, I am currently residing in Australia on a working holiday visa (417), but have secured a permanent job and am getting sponsored through this (upgraded to 457 visa). I work within finance and real estate and the company i work for is a global corporation. My employer has instructed a specialist solicitor to arrange sponsorship for me so that this is fast tracked, and as such all i need to do is provide relevant documents etc. My issue is this. In the required info part of application i have been asked to declare any previous criminal convictions, whether or not they are spent or unspent. 9 years ago i was admonished in Scotland for setting off a fire alarm in a bar. Luckily the authorities recognised it was a one off thing (stupid prank whilst at university), and that i had no other record against my name and admonished me. I have up until now believed this was not a conviction as such and that it would be long wiped off my record, however i am not so sure now. I never declared this on my 417 WHV and nothing came up so i am inclined to do the same for the 457 visa. The uncertainty is whether or not any checks Australian Immigration do would bring this up, or how deep they would look when checking a new applicant. Ideally i would rather not tell solicitor dealing with this or my new employer. Any advice would be greatly appreciated! Thanks Link to comment Share on other sites More sharing options...
Rupert Posted January 2, 2013 Share Posted January 2, 2013 What is the legal definition of "admonished"? Is it the same as caution, because if it is, then it could come up on police checks. Of course you might not be asked for police checks for a 457, but what if you decide to go for PR later, you would definitely be asked for them then. The offence is a non-event, it is not going to have any impact on a visa application, I just feel that you are digging yourself deeper and deeper by not being honest. I think you should come clean, or maybe order the police check anyway for yourself just to see what it looks like? Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted January 2, 2013 Share Posted January 2, 2013 What is the legal definition of "admonished"? Is it the same as caution, because if it is, then it could come up on police checks. Of course you might not be asked for police checks for a 457, but what if you decide to go for PR later, you would definitely be asked for them then. The offence is a non-event, it is not going to have any impact on a visa application, I just feel that you are digging yourself deeper and deeper by not being honest. I think you should come clean, or maybe order the police check anyway for yourself just to see what it looks like? Assuming you aren't asked for a Police Check...at some point further down the line you may aopply for permanent Residency (even though you might not want to now, you never know what the future holds) And then if it is on your record, then it absolutely will be revealed at that stage. Convictions are never spent or expired for Migration purposes. Rupert is right that even if it is recorded there is very little chance it will have any impact on your application...but lying on a visa application now which is uncovered when you apply for PR is probably worse than the original offence itself in teh eyes of DIAC. There's an easy way to find out if it was recorded or not...Apply for a police check now even thoguh you don't need to. DIAC don't get sent the info, it comes to you. Contact ACPO and get the check done yourself http://www.acro.police.uk/police_certificates.aspx This is the check you send to DIAC, so see what is says before you go any further. Link to comment Share on other sites More sharing options...
VERYSTORMY Posted January 2, 2013 Share Posted January 2, 2013 I have had to provide police checks for both of my 457 visas. Link to comment Share on other sites More sharing options...
JC81 Posted January 2, 2013 Author Share Posted January 2, 2013 Thanks for quick response guys. Admonishment under Scots law means following - ' Admonished is a finding of guilt, even though there may be no sentence or fine imposed. It is an official court disposal and will be disclosed.' I had thought until now that this was not a conviction as such, and would would in any case be 'spent' by now. Regards me providing police checks, this has not been something i have been asked for - not sure if solicitor handing my application will be asked for these? General consensus is that i should tell solicitor situation before i apply then. Do you think there will be an issue with me already being on a 417 visa and not disclosing this before? As i said above, this is a genuine mistake on my part... Thanks again! Link to comment Share on other sites More sharing options...
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