boom Posted March 28, 2013 Share Posted March 28, 2013 We recently lodge our 190 application. I am the main applicant and my partner is the secondary applicant. We answered “no” to the question on the application “ has any applicant ever been convicted of a crime or offence in any country (including any conviction which is now removed from official records)?”. When perhaps we should have answered “yes”. My partner has a spent conviction, he was caught shop lifting 4 years ago from Coles supermarket. We assumed as it was a spent conviction, we did not have to declare it but it has shown up in his police clearance… are we now completely screwed?? What should we do? Quote Link to comment Share on other sites More sharing options...
AJ Posted March 28, 2013 Share Posted March 28, 2013 (edited) It does say (including any conviction which is now removed from official records) so why did you assume you didn't have to? I don't think a shoplifting charge would stop your visa but you might have some explaining to do Edited March 28, 2013 by AJ Quote Link to comment Share on other sites More sharing options...
lenak29 Posted March 28, 2013 Share Posted March 28, 2013 As far as I am aware, with a spent conviction you are given the right not to declare the conviction to any authority, including the commonwealth. My understanding is that you can declare it if you choose so. I also understand that that particular question is illegal because i read that you are not allowed to refer to convictions that are spent when asking about a criminal history. So you could ask if someone has any criminal history under 10 years old, but you couldn't really ask about spent convictions... I'd check with the AFP and possibly make a complaint for breach of privacy if you get problems for it. Quote Link to comment Share on other sites More sharing options...
Peach Posted March 28, 2013 Share Posted March 28, 2013 As far as I am aware, with a spent conviction you are given the right not to declare the conviction to any authority, including the commonwealth. My understanding is that you can declare it if you choose so. I also understand that that particular question is illegal because i read that you are not allowed to refer to convictions that are spent when asking about a criminal history. So you could ask if someone has any criminal history under 10 years old, but you couldn't really ask about spent convictions... I'd check with the AFP and possibly make a complaint for breach of privacy if you get problems for it. Your understanding is wrong.... You advice is a little ridiculous. When you sign the police check form you give them permission to check your entire police file, to then not declare something is a little bizarre. Quote Link to comment Share on other sites More sharing options...
RivieraKid Posted March 28, 2013 Share Posted March 28, 2013 (edited) We recently lodge our 190 application. I am the main applicant and my partner is the secondary applicant. We answered “no” to the question on the application “ has any applicant ever been convicted of a crime or offence in any country (including any conviction which is now removed from official records)?”. When perhaps we should have answered “yes”. My partner has a spent conviction, he was caught shop lifting 4 years ago from Coles supermarket. We assumed as it was a spent conviction, we did not have to declare it but it has shown up in his police clearance… are we now completely screwed?? What should we do? AJ (and as you've realised yourself) is absolutely right - you really should have declared the conviction. In any case, you haven't helped your situation at all. The fact that it was so recent, is for theft, and if the CO chooses to take a hard line they may consider your statement that there are no convictions to be a pattern of dishonesty. All is not necessarily lost, however - this is all pretty much guesswork. The single most important thing to do is contact your CO and discuss the issue. As AJ says, you're going to have some explaining to do, but migration is a very stressful activity and you won't be the first applicant to have made a mistake in the heat of the moment. Contact your CO, be absolutely 100% frank, open, and honest - I can't stress that enough - and see where that gets you. You've come this far so giving up isn't really an option. Edited March 28, 2013 by RivieraKid Removed UK specific info as I missed that the incident was Australia based Quote Link to comment Share on other sites More sharing options...
Peach Posted March 28, 2013 Share Posted March 28, 2013 Under the rehabilitation of offenders act 1974, section 5 (http://www.legislation.gov.uk/ukpga/1974/53/section/5), except for a specific set of circumstances for young offenders, the rehabilitation period is 5 years. The fact that it shows up on the PCC suggests that it isn't actually spent at all (spent convictions appear as "No Live Trace", I believe). Rehabilitation of offenders act would not apply to a crime in Australia (theft from Coles). Quote Link to comment Share on other sites More sharing options...
RivieraKid Posted March 28, 2013 Share Posted March 28, 2013 Rehabilitation of offenders act would not apply to a crime in Australia (theft from Coles). Aaah, D'Oh!. Yes, I completely missed that bit :embarrassed: Quote Link to comment Share on other sites More sharing options...
starlight7 Posted March 28, 2013 Share Posted March 28, 2013 At one stage in my life I used to handle police checks and I can tell you just about everything turns up- even silly things like smoking marijuana at 18. If you are honest and declare these things it is often ok- if not- well it says something really. Quote Link to comment Share on other sites More sharing options...
Guest ThistleandThorns Posted March 28, 2013 Share Posted March 28, 2013 No, you are not screwed but the CO will want to know why you didn't declare it. Explain exactly as you've done here not leaving out any details or stone unturned. Hopefully that should do the trick - shoplifting is a relative small crime compared to others. If possibly maybe you could get some character references to back you up and in the future - always declare no matter how small the crime is! Good Luck! Quote Link to comment Share on other sites More sharing options...
lenak29 Posted March 28, 2013 Share Posted March 28, 2013 Yup, my bad, i completely missed over the fact that it was only 4 years since conviction. See here, its 10 years. https://www.nationalcrimecheck.com.au/police-checks-individuals/resources/spent_convictions_information The information I have read says its considered private information at that point and you do not have to declare it. I might be reading it wrong. don't shoot me people! Just clarify Quote Link to comment Share on other sites More sharing options...
lenak29 Posted March 28, 2013 Share Posted March 28, 2013 Oh of course, this might only apply to AUSTRALIANS... sorry! Quote Link to comment Share on other sites More sharing options...
rosiew Posted March 28, 2013 Share Posted March 28, 2013 Rehabilitation of offenders act would not apply to a crime in Australia (theft from Coles). And I'm not sure that we have spent convictions in Australia anyway.............. Quote Link to comment Share on other sites More sharing options...
Peach Posted March 28, 2013 Share Posted March 28, 2013 And I'm not sure that we have spent convictions in Australia anyway.............. Australia has a 'spent convictions scheme' which excludes 'a person making a decision under the Migration Act 1958, Australian Citizenship Act 1948 or the Immigration Act 1980 of the Territory of Norfolk Island' from not being allowed to ask about all convictions spent or otherwise for the purpose of making the decision. http://www.privacy.gov.au/materials/types/other/view/6496 1 Quote Link to comment Share on other sites More sharing options...
Que Sera Sera Posted March 28, 2013 Share Posted March 28, 2013 I can only give advise on what au have been told. Whilst applying for our visa two separate friends I met on here were in serious trouble for not declaring their convictions both fortunately were using an Agent who managed to advise them on the best way forward. It is very serious and people need to be aware that failing to admit to crimes is a comment on your character therefore you can fail the character test. Not that surprising really is it? Quote Link to comment Share on other sites More sharing options...
flybyknight Posted March 28, 2013 Share Posted March 28, 2013 At one stage in my life I used to handle police checks and I can tell you just about everything turns up- even silly things like smoking marijuana at 18. If you are honest and declare these things it is often ok- if not- well it says something really. with these things your silence speaks volumes about your character. i wish you luck, sadly i think you are going to need it. Quote Link to comment Share on other sites More sharing options...
Guest Posted March 28, 2013 Share Posted March 28, 2013 If your application is still in process you can send in an addendum form. Not sure what the number of this form would be or where to download it on the immigration website though. You'll need to declare your previous crimes as even stepped down crimes will come up on your police checks omitting to tell them may mean you dont pass the character test Send this in with an explanation and then follow up with an e mail to confirm that they received it. That way when a case officer comes accoss your file they can see youve made every effort to rectify your mistake and why it happened. Quote Link to comment Share on other sites More sharing options...
coastie Posted March 28, 2013 Share Posted March 28, 2013 The right to withhold spent crime information does not apply to the immigration department. They are exempt by law. I would advise that you employ a migration agent to put your case forward to IMMI. 1 Quote Link to comment Share on other sites More sharing options...
Kevin11 Posted March 28, 2013 Share Posted March 28, 2013 I can only give advise on what au have been told. Whilst applying for our visa two separate friends I met on here were in serious trouble for not declaring their convictions both fortunately were using an Agent who managed to advise them on the best way forward. It is very serious and people need to be aware that failing to admit to crimes is a comment on your character therefore you can fail the character test. Not that surprising really is it? did they not declare their convictions on a previous entry into Australia ? Also, did they get their visa's in the end ? Quote Link to comment Share on other sites More sharing options...
Peach Posted March 28, 2013 Share Posted March 28, 2013 did they not declare their convictions on a previous entry into Australia ? Also, did they get their visa's in the end ? I was in this position, I used an agent to prepare my application. I have been living in Australia for two years. :wubclub: Quote Link to comment Share on other sites More sharing options...
cki2011 Posted March 28, 2013 Share Posted March 28, 2013 We recently lodge our 190 application. I am the main applicant and my partner is the secondary applicant. We answered “no” to the question on the application “ has any applicant ever been convicted of a crime or offence in any country (including any conviction which is now removed from official records)?”. When perhaps we should have answered “yes”. My partner has a spent conviction, he was caught shop lifting 4 years ago from Coles supermarket. We assumed as it was a spent conviction, we did not have to declare it but it has shown up in his police clearance… are we now completely screwed?? What should we do? I would contact your case officer asap and explain that he does have a conviction.... (dont know what you will say as it clearly says including any conviction removed from records and with it only 4 years ago it isnt like you have forgot about it).... that said i don't think it would stop you getting a visa.... People get visas with much worse records than that but it is usually longer ago and declared on the visa application.... Maybe as mentioned earlier speak to a goog migration agent (Go Matilda) and get help so you don't make any more mistakes or forget something else.... Good luck I hope it works out for you. Quote Link to comment Share on other sites More sharing options...
Bamboozled Posted March 28, 2013 Share Posted March 28, 2013 You need to fill out form 1023 notification of an incorrect answer ASAP. Download it, fill it in, send it back with a letter explaining your mistake, apologise. You should be fine. 1 Quote Link to comment Share on other sites More sharing options...
PoMoSo Posted March 28, 2013 Share Posted March 28, 2013 Alright Im glad this topic came up. And I did check the website ww.nationalcrimecheck.com.au/police-checks-individuals/resources/spent_convictions_information ... but english is my third language, plus Im abit tipsy, + been at uni half day and work the other half, so Id appreciate it if anyone could clarify it for me. If a person was convicted of a crime 13 years ago. He did a minor time, plus paid his fines, would he need to declare this? Quote Link to comment Share on other sites More sharing options...
Peach Posted March 28, 2013 Share Posted March 28, 2013 Alright Im glad this topic came up. And I did check the website ww.nationalcrimecheck.com.au/police-checks-individuals/resources/spent_convictions_information ... but english is my third language, plus Im abit tipsy, + been at uni half day and work the other half, so Id appreciate it if anyone could clarify it for me. If a person was convicted of a crime 13 years ago. He did a minor time, plus paid his fines, would he need to declare this? yes. The question is clear: “has any applicant ever been convicted of a crime or offence in any country (including any conviction which is now removed from official records)?” Quote Link to comment Share on other sites More sharing options...
PoMoSo Posted March 28, 2013 Share Posted March 28, 2013 yes. The question is clear: “has any applicant ever been convicted of a crime or offence in any country (including any conviction which is now removed from official records)?” But if it has been removed from the official records, then theres no way of DIAC finding out anyway..right? I mean, noone in Sweden is entitled to dig into a past more than ten years ago. Quote Link to comment Share on other sites More sharing options...
Peach Posted March 28, 2013 Share Posted March 28, 2013 But if it has been removed from the official records, then theres no way of DIAC finding out anyway..right?I mean, noone in Sweden is entitled to dig into a past more than ten years ago. That is the gamble you take.. Who knows what government agreements exist between Australia and Sweden? Or what will show up on your police clearance certificate? Or what might happen in the future? Failure to declare a conviction that is later discovered could risk your visa or chance of citizenship... Quote Link to comment Share on other sites More sharing options...
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