chrisharper Posted September 13, 2013 Share Posted September 13, 2013 Hello, I was just about to start applying for my work and holiday visa. I've wanted to go to Australia all my life, I'm now 23 and in a position to be able to go. However last week I got myself stupidly arrested at an anti EDL demonstration. I was arrested for breaching a section 12 order, for those who don't know that means I didn't adhere to the conditions of the march. (Basically we set off on our march earlier than the prescribed time). I've not been charged yet so I could just receive a caution or the charges could be dropped. I've been bailed until the 14th October. If found guilty in a court I could receive a fine of up to £1000 although it would probably be a lot less. Does anyone know if being convicted for this sort of offence will damage my application. I know that it's normally a substantial criminal record with a prison sentence of 12 months which prohibits you but I am a little worried because I will be applying very soon after this is all resolved. Will they think it is too soon? I have never been arrested before this or had any trouble with police. I can also provide a character reference from a retired police officer and other professionals. Thanks guys Quote Link to comment Share on other sites More sharing options...
Freesia Posted September 13, 2013 Share Posted September 13, 2013 I think you're probably be dealt with by a fine if that's all you did- however see how you could have jepardised (how do you spell that word!) the rest of your life dreams just as you were getting going? :wink: It's called a WHV (Working Holiday Visa) btw in Aus just so you can look it up on the http://www.immi.gov.au website for conditions before you apply. Good luck- hope it all works out for you Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted September 13, 2013 Share Posted September 13, 2013 The application does ask about pending charges. You must declare - and explain what happened cant see it being an issue, but will be if dont declare. Quote Link to comment Share on other sites More sharing options...
CollegeGirl Posted September 13, 2013 Share Posted September 13, 2013 I think you're probably be dealt with by a fine if that's all you did- however see how you could have jepardised (how do you spell that word!) the rest of your life dreams just as you were getting going? :wink: It's called a WHV (Working Holiday Visa) btw in Aus just so you can look it up on the www.immi.gov.au website for conditions before you apply. Good luck- hope it all works out for you Actually, Aus has both a "Working Holiday Visa" and a "Work and Holiday Visa." The primary difference is that the former, the 417, allows a second year with specific regional work, while the latter, the 462, does not have a second year option. Which one you are eligible for depends on which country you're from. If OP is from the UK (as most people on the board are, since this is PomsInOz, after all :biggrin:) then it would be the Working Holiday Visa. The list of which countries are eligible for which visa can be found here: http://www.immi.gov.au/visitors/working-holiday/visa-options.htm Quote Link to comment Share on other sites More sharing options...
Freesia Posted September 13, 2013 Share Posted September 13, 2013 (edited) well I did presume mentioning a link (for or against) the EDL indicated a direct link to the UK :biggrin: Edited September 13, 2013 by Freesia Quote Link to comment Share on other sites More sharing options...
CollegeGirl Posted September 13, 2013 Share Posted September 13, 2013 Haha, fair enough. Not being from the UK, I didn't know what that meant. But yes - obviously it's generally a safe assumption that people are from the UK here! Hahaha. Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 14, 2013 Share Posted September 14, 2013 You would bne well advised to wait until you do not have a legal matter pending before you apply and then set out the facts, regardless of the outcome. Quote Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted September 14, 2013 Share Posted September 14, 2013 You would bne well advised to wait until you do not have a legal matter pending before you apply and then set out the facts, regardless of the outcome. I have to agree with Westly. A conviction with fine or a caution is better than a prosecution pending...at least there is a certainty in it rather than what if...DIAC may take the view that you could be convicted and given a sentence which wouldn't meet their criteria. At least if it is settled then you can explain what happened and the punishment the courts decided on may be OK for a WHV grant. Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 14, 2013 Share Posted September 14, 2013 I have to agree with Westly. A conviction with fine or a caution is better than a prosecution pending...at least there is a certainty in it rather than what if...DIAC may take the view that you could be convicted and given a sentence which wouldn't meet their criteria. At least if it is settled then you can explain what happened and the punishment the courts decided on may be OK for a WHV grant. Precisely. Quote Link to comment Share on other sites More sharing options...
chrisharper Posted October 1, 2013 Author Share Posted October 1, 2013 So do you guys think that a conviction of something where its just a maximum fine of £1000 (will probably be much less) wont be an issue for the application? Quote Link to comment Share on other sites More sharing options...
Guest The Ropey HOFF Posted October 1, 2013 Share Posted October 1, 2013 So do you guys think that a conviction of something where its just a maximum fine of £1000 (will probably be much less) wont be an issue for the application? I think you have to be sentenced to one year in prison, before they say you can't have the visa, it's not set in stone, but a fine shouldn't have any effect on your application as long as you declare it. Quote Link to comment Share on other sites More sharing options...
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