PoMoSo Posted March 28, 2013 Share Posted March 28, 2013 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... So youre saying I should add it? The crime (although it wsnt even me, but try telling that to the racist judge and police officers) was armed robbery, no beating or anything, but personal belongings of the victim were all stolen. But it was 13 years ago, My recent personality, have done an MPhil should speak for itself that Im not a troublemaker right? Quote Link to comment Share on other sites More sharing options...
Peach Posted March 28, 2013 Share Posted March 28, 2013 So youre saying I should add it? The crime (although it wsnt even me, but try telling that to the racist judge and police officers) was armed robbery, no beating or anything, but personal belongings of the victim were all stolen. But it was 13 years ago, My recent personality, have done an MPhil should speak for itself that Im not a troublemaker right? My personal advice, to anyone that has a criminal conviction in their past is to seek the advice of a migration agent and not make the application alone. I speak from personal experience. Quote Link to comment Share on other sites More sharing options...
Bamboozled Posted March 28, 2013 Share Posted March 28, 2013 I had a minor charge for fraud when I was 16. Showed up in my police check, I'm 43! Never did anything else unlawful in my life. I would declare it first off. They are only bothered about crimes which were given a two year sentence. I didn't declare it at the time but when I saw the 'no live trace' in my file it means that there was a spent conviction in the past. I sent in form 1023 with a letter explaining that as I was a minor at the time I didn't think it counted. Was ok for us. Quote Link to comment Share on other sites More sharing options...
PoMoSo Posted March 28, 2013 Share Posted March 28, 2013 Cheers for the help mates! Quote Link to comment Share on other sites More sharing options...
wrussell Posted March 29, 2013 Share Posted March 29, 2013 The single most important thing to do is contact your CO and discuss the issue. Don't. Use form 1023. The offence you mention would probably not be fatal, but the fact that you (apparently) tried to conceal it by giving the minister information that was false or misleading in a material particular might be. Do yourself a favour and seek professional advice. Quote Link to comment Share on other sites More sharing options...
Que Sera Sera Posted March 29, 2013 Share Posted March 29, 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. its never fully removed and your case officer can ask for a further check called a person check. This shows up anything that is on the computer database . So every entry in your name ie even parking tickets. Quote Link to comment Share on other sites More sharing options...
Parley Posted March 29, 2013 Share Posted March 29, 2013 Is it true that immigration would not be concerned about recent shoplifting in Coles when considering an application. Shoplifting is such a problem for retailers, and given this was fairly recent, and the applicant subsequently lied about it, I'd think they would be concerned. not the sort of migrants we would be encouraging I would have thought. Quote Link to comment Share on other sites More sharing options...
Que Sera Sera Posted March 29, 2013 Share Posted March 29, 2013 Is it true that immigration would not be concerned about recent shoplifting in Coles when considering an application. Shoplifting is such a problem for retailers, and given this was fairly recent, and the applicant subsequently lied about it, I'd think they would be concerned. not the sort of migrants we would be encouraging I would have thought. i think this is the issue isn't it? It's a character test. I not being judgemental but if you don't think misdemeanours such as those are serious then what sort of character are you? I just wish kids nowadays realised just what consequences these "minor crimes" could have on their future in one way or another. Quote Link to comment Share on other sites More sharing options...
boom Posted March 29, 2013 Author Share Posted March 29, 2013 crap, crap, crap..... i don't know what to do anymore. I have tried to seek some help from a agent, but because of the stupid bank holidays she won't work on my case till Tuesday/Wednesday next week. I'm so stressed at the moment, i'm not eating or sleeping properly and im at a stupid mine site having to work 12 hours a days for the next 7 days an everything seems to be going wrong. I don't know what to do anymore, a part of me just wants to go back home and forget about this idea of living in Australia. Its just too hard sometimes. We honestly didn't know we have to declare spent convictions, i didn't even know what a spent conviction was an my partner thought (as he told when he got the conviction) he didn't have to declare it so in all his immigration application (in the card you fill out on the plane, his student visa application and now his current 457 application) he always ticked 'no' under criminal convictions.... so i guess we are going to get in trouble for that as well. He feels so bad right now (i think he is not eating or sleeping either) he has asked me to remove him from the application as its not worth both of us getting rejected an he has a current 457 application pending, so has that to fall back on.... but i don't even know if that would even help (as would I have to explain why I am removing him) and if his 457 got rejected I definitely wouldn't want to stay in Australia without him. I thought everything was going so smoothly till this point, grrr... there ain't nuffin good about this friday thats for sure! 1 Quote Link to comment Share on other sites More sharing options...
Que Sera Sera Posted March 29, 2013 Share Posted March 29, 2013 Take a deep breath and don't do anything yet until you have spoken to the Agent. She won't work on Public Holidays but then neither will DIAC so just try and keep calm . The fact your partner didn't mention the conviction on the landing card I would have thought adds weight to your claim he didn't know . Look the two couple I knew with this problem did go on to visas so all may not be lost. Wait and see what the agent can do . Quote Link to comment Share on other sites More sharing options...
wrussell Posted March 29, 2013 Share Posted March 29, 2013 Take a deep breath and don't do anything yet until you have spoken to the Agent. She won't work on Public Holidays but then neither will DIAC so just try and keep calm . The fact your partner didn't mention the conviction on the landing card I would have thought adds weight to your claim he didn't know . Look the two couple I knew with this problem did go on to visas so all may not be lost. Wait and see what the agent can do . What is a public holiday? Quote Link to comment Share on other sites More sharing options...
wrussell Posted March 29, 2013 Share Posted March 29, 2013 (edited) crap, crap, crap..... i don't know what to do anymore. I have tried to seek some help from a agent, but because of the stupid bank holidays she won't work on my case till Tuesday/Wednesday next week. I'm so stressed at the moment, i'm not eating or sleeping properly and im at a stupid mine site having to work 12 hours a days for the next 7 days an everything seems to be going wrong. I don't know what to do anymore, a part of me just wants to go back home and forget about this idea of living in Australia. Its just too hard sometimes. We honestly didn't know we have to declare spent convictions, i didn't even know what a spent conviction was an my partner thought (as he told when he got the conviction) he didn't have to declare it so in all his immigration application (in the card you fill out on the plane, his student visa application and now his current 457 application) he always ticked 'no' under criminal convictions.... so i guess we are going to get in trouble for that as well. He feels so bad right now (i think he is not eating or sleeping either) he has asked me to remove him from the application as its not worth both of us getting rejected an he has a current 457 application pending, so has that to fall back on.... but i don't even know if that would even help (as would I have to explain why I am removing him) and if his 457 got rejected I definitely wouldn't want to stay in Australia without him. I thought everything was going so smoothly till this point, grrr... there ain't nuffin good about this friday thats for sure! A dependant or partner cannot simply be removed from an application to avoid the consequences of failing the 'character test', they must satisfy the public interest (medical and police clearance) criteria even if not applying to migrate. The relevant criterion is 'one fails - all fail'. You could leave a partner off a 457, but then you would have dug a grave for future applications. Providing false information on an incoming passenger card is equated to providing a fraudulent document to a relevant authority. Edited March 29, 2013 by wrussell Quote Link to comment Share on other sites More sharing options...
boom Posted April 16, 2013 Author Share Posted April 16, 2013 we got our grant today! thanks for your help and advice - i don't we would have made it without you guys! Quote Link to comment Share on other sites More sharing options...
Ronan20 Posted April 17, 2013 Share Posted April 17, 2013 What about a police caution from 17 years ago, would I have to declare that?? Quote Link to comment Share on other sites More sharing options...
boom Posted April 17, 2013 Author Share Posted April 17, 2013 get your PCC done first and see if it shows up 1 Quote Link to comment Share on other sites More sharing options...
kaiser Posted August 10, 2013 Share Posted August 10, 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? Hi. What was the outcome to this? Did it get sorted? Did you have to provide statements/references? My OH had a juvenile conviction so his Police Check has come back No Live Trace as it was 14 years ago. I won't have a clue where to start with a statement or what needs to be in a reference:confused: 1 Quote Link to comment Share on other sites More sharing options...
boom Posted August 11, 2013 Author Share Posted August 11, 2013 Hi. What was the outcome to this? Did it get sorted? Did you have to provide statements/references? My OH had a juvenile conviction so his Police Check has come back No Live Trace as it was 14 years ago. I won't have a clue where to start with a statement or what needs to be in a reference:confused: everything worked out prefectly :biggrin: we payed a migrant agent $300 for advice (which was a bit of a waste as she just told us what most people in this thread mentioned). My partner wrote a statement to explain he was sorry for his 'crime' and we both wrote a statement apologising for not declaring the conviction an the application. My partner also got two character references from his previous employers stating 'he is a good character'. anyway no issues, PR granted a day after I submitted all the final documents. Been loving Oz since PR grant but miss home and fam quite a bit. Good luck with your application and don't stress, as long as your partner hasn't spent 12 months or more in prison I think you will be fine. 1 Quote Link to comment Share on other sites More sharing options...
BDM Posted September 18, 2018 Share Posted September 18, 2018 On 11/08/2013 at 22:41, boom said: everything worked out prefectly :biggrin: we payed a migrant agent $300 for advice (which was a bit of a waste as she just told us what most people in this thread mentioned). My partner wrote a statement to explain he was sorry for his 'crime' and we both wrote a statement apologising for not declaring the conviction an the application. My partner also got two character references from his previous employers stating 'he is a good character'. anyway no issues, PR granted a day after I submitted all the final documents. Been loving Oz since PR grant but miss home and fam quite a bit. Good luck with your application and don't stress, as long as your partner hasn't spent 12 months or more in prison I think you will be fine. From your previous conversation, what I have summarized that, If your PCC does not show any previously spent conviction, you don't have to declare them, is that true, please give your valuable reply as I am facing the same issue. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted September 18, 2018 Share Posted September 18, 2018 36 minutes ago, BDM said: From your previous conversation, what I have summarized that, If your PCC does not show any previously spent conviction, you don't have to declare them, is that true, please give your valuable reply as I am facing the same issue. You must declare ALL convictions, spent or not. Quote Link to comment Share on other sites More sharing options...
ali Posted September 19, 2018 Share Posted September 19, 2018 On 18/09/2018 at 19:04, BDM said: From your previous conversation, what I have summarized that, If your PCC does not show any previously spent conviction, you don't have to declare them, is that true, please give your valuable reply as I am facing the same issue. This is an old thread from 2013 Quote Link to comment Share on other sites More sharing options...
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