457 & PR Questions Relating to Possible Criminal Record

[philllip]

Hi All,

 

Context:

Last weekend I unfortunately got arrested at the race for a minor incident which I will be pleading not guilty too. IMO it was a calm, yet ridiculous misunderstanding with a bouncer (who was fault after being rude and headbutting me). It ended up with me being copping despite wanting to press charges on him. The charges were:

 

1. Failure to leave the premises
   
2. Resisting arrest
   

 

 

I've had legal advice and there is a fair chance I will get a section 10 - no punishment. However, there is always that small chance.

 

I've been in Australia for almost 5 years and my 457 runs out in March. I'm a marketing director. I won't have been with my employer for 2 years by then so I will need a new 457 to bridge the gap (I don't have a degree so I can't go the skilled route).

 

Questions:

 

• I'm currently applying for my new 457 - is there a police check involved? Do I need to disclose the current information? AFAIR, there isn't a check and i don't have conviction as yet and furthermore the case won't be done till April 2014.
  
• Could I have my visa stopped for a low-grade offense?
  
• Regarding PR, if I was convicted, what is the likelihood of a minor conviction going against me? I've checked out the character record fact sheet but its not clear whether it is in relation to temporary or permanent visas.
  

 

 

I'm transparently very worried. I'm responsible citizen who never imagined i'd be in a court room. I've got a clean record. I've also got some great achievements under my belt in Aus and i'm even getting married in May.

 

Any help or advice is greatly received.

 

Thank you in advance

[ColCFC]

There are police checks at every level, AFP, UK PNC (or whatever country you are from) and the important thing is to declare them and let them make a decision. If you don't declare them then you are leaving yourself wide open for point blank refusal.

 

never take on a bouncer, you will always lose as they have witnesses to say what ever they want. You will be perceived as being drunk and disorderly. Best to walk away.