jalapeno Posted February 3, 2014 Share Posted February 3, 2014 Hello! Firstly thank you to everyone who has helped me before with my enquiries on here! I have a quick question. Me and my Fiance live in Australia at the moment on his 457 visa and will be here for the next 4 years at least (we hope) We have decided to pay for my mum and step-dad to fly out here and visit us to cheer them up and give us all something to look forward to. My Step-dad spent 6 weeks in prison over 10 years ago for a minor fraud charge. Apart from that, he has no other convictions at all and is a good, respectable and law obiding citizen. I just wanted some clarification on declaring this to immigration and which visa he can apply for? For the eVisitor visa I have read on the immi website that the applicant must not have not been convicted of an offence or offences for which the total sentence is more than 12 months (whether or not the sentence has been served). They will be visiting for no longer than 3 weeks in December. They are not overally tech-savvy people and wouldnt really know where to start if they had to provide more information online about the conviction etc. Does he need to inform immigration of this since it was only for 6 weeks and not 12 months? As i dont want it to look like we have been dishonest by not declaring it because it was not over 12 months or more but also not sure if we actually need to declare it at all? or if i am just over thinking this? I dont want them to fly all the way here to be turned away for doing the right thing by declaring or the wrong thing by not declaring! I have read online that people who have declared on the declaration card given on the plane have been asked aside to fill in a form and answer a few questions..... I would really appreciate any help. I have emailed Immi for some info and waiting for reply Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted February 3, 2014 Share Posted February 3, 2014 It should not be an issue. He will just declare it on the visa, but it shouldnt be any problem Quote Link to comment Share on other sites More sharing options...
jalapeno Posted February 3, 2014 Author Share Posted February 3, 2014 It should not be an issue. He will just declare it on the visa, but it shouldnt be any problem thank you for your quick reply VERYSTORMY! Would he still apply for the eVisitor 651 visa then? thank you! Quote Link to comment Share on other sites More sharing options...
Quinkla Posted February 3, 2014 Share Posted February 3, 2014 Apply for a visa as normal and declare the conviction at any point where it would be the correct response to a question. If there is free space, then explain a little bit more - admit guilt, express regret, declare that the lesson has been learnt and not repeated. Do not say "minor" fraud or anything that looks like you are trying to evade responsibility. Quote Link to comment Share on other sites More sharing options...
jalapeno Posted February 3, 2014 Author Share Posted February 3, 2014 Apply for a visa as normal and declare the conviction at any point where it would be the correct response to a question. If there is free space, then explain a little bit more - admit guilt, express regret, declare that the lesson has been learnt and not repeated. Do not say "minor" fraud or anything that looks like you are trying to evade responsibility. Thank you Quinkla - I agree - dont want it to seem like we are trying to cover up anything. Just want to be honest and let the come for a nice holiday - thats all we want and want to do it properly. I will let you know the outcome once they apply for the visas (which will be in a few weeks i think) Quote Link to comment Share on other sites More sharing options...
JaneDavid Posted February 3, 2014 Share Posted February 3, 2014 Hello! Firstly thank you to everyone who has helped me before with my enquiries on here! I have a quick question. Me and my Fiance live in Australia at the moment on his 457 visa and will be here for the next 4 years at least (we hope) We have decided to pay for my mum and step-dad to fly out here and visit us to cheer them up and give us all something to look forward to. My Step-dad spent 6 weeks in prison over 10 years ago for a minor fraud charge. Apart from that, he has no other convictions at all and is a good, respectable and law obiding citizen. I just wanted some clarification on declaring this to immigration and which visa he can apply for? For the eVisitor visa I have read on the immi website that the applicant must not have not been convicted of an offence or offences for which the total sentence is more than 12 months (whether or not the sentence has been served). They will be visiting for no longer than 3 weeks in December. They are not overally tech-savvy people and wouldnt really know where to start if they had to provide more information online about the conviction etc. Does he need to inform immigration of this since it was only for 6 weeks and not 12 months? As i dont want it to look like we have been dishonest by not declaring it because it was not over 12 months or more but also not sure if we actually need to declare it at all? or if i am just over thinking this? I dont want them to fly all the way here to be turned away for doing the right thing by declaring or the wrong thing by not declaring! I have read online that people who have declared on the declaration card given on the plane have been asked aside to fill in a form and answer a few questions..... I would really appreciate any help. I have emailed Immi for some info and waiting for reply I think he'll fit right in.:arghh: Quote Link to comment Share on other sites More sharing options...
jalapeno Posted February 4, 2014 Author Share Posted February 4, 2014 I think he'll fit right in.:arghh: I dont understand the stressed emoticon........... Quote Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted February 4, 2014 Share Posted February 4, 2014 I dont understand the stressed emoticon........... Me neither, maybe it was an error. Quote Link to comment Share on other sites More sharing options...
jalapeno Posted February 4, 2014 Author Share Posted February 4, 2014 ok well thanks everyone fir your input and i will update you on our outcome when they apply for the visa Quote Link to comment Share on other sites More sharing options...
jalapeno Posted February 6, 2014 Author Share Posted February 6, 2014 Just an update for everyone! I found out that my step-dad was actually sentenced to 9 months but only served 6 weeks in year 2000. Either way, this still complies with the visa requirements for the eVisitor (651) visa where the requirements are as follows - You may be eligible for an eVisitor if you: intend to visit Australia only temporarily and for tourism or business visitor purposes are outside Australia hold an eVisitor-eligible passport are free of tuberculosis when you enter Australia have not been convicted of an offence or offences for which the total sentence is more than 12 months (whether or not the sentence has been served). During the application for the eVisitor visa there is actually no where to declare any convictions at all. I believe this is because if you did have any convictions over 12 months, you wouldnt be able to apply for this particular visa at all so the option to declare any convictions under 12months is maybe not necessary. Happy to say that my mum of course has been granted her tourist visa and my step dad has also been granted his tourist visa Quote Link to comment Share on other sites More sharing options...
jalapeno Posted February 6, 2014 Author Share Posted February 6, 2014 Also - having a look at the passenger declaration card, i see that it states - 'do you have any crmiminal conviction/s?' I understand he will have to tick YES for this answer. Does anyone know what the procedure is for going through immigration? what will they say to him or what will he have to do? Will he be able to come in? or will he be turned away Quote Link to comment Share on other sites More sharing options...
Quinkla Posted February 6, 2014 Share Posted February 6, 2014 He will have to answer the questrion truthfully. This will probably result in being pulled aside to answer further questions. If the question is asked about whether it was mentioned at the visa application stage, it would be correct to say that the question was not asked on the application form and the guidance indicated that a sentence of less than 12 months was not a barrier to applying for the visa. Quote Link to comment Share on other sites More sharing options...
jalapeno Posted February 6, 2014 Author Share Posted February 6, 2014 Yes we wil labsolutely declare. I think its only best to be honest! and let them know that there was no where to state any convictions less that 12 months and that this indicated that a conviction less than 12 months was not a restriction for applying! I think im overthinking it!...... thank you! Quote Link to comment Share on other sites More sharing options...
Keith and Linda Posted February 6, 2014 Share Posted February 6, 2014 He will have to answer the questrion truthfully. This will probably result in being pulled aside to answer further questions. If the question is asked about whether it was mentioned at the visa application stage, it would be correct to say that the question was not asked on the application form and the guidance indicated that a sentence of less than 12 months was not a barrier to applying for the visa. I second Quinkla on that one, also declare any food this even means sweets (basically anything you put in your mouth, mmmmmmmm well maybe not everything!), in my experience they love you to bits when you declare and being so honest and doing the right thing especially when you are unsure, they become extremely helpful. Quote Link to comment Share on other sites More sharing options...
jalapeno Posted February 6, 2014 Author Share Posted February 6, 2014 ok thank you all for being so helpful! now we just have to book the flights! and then a long count down until they arrive ahah! :jiggy: Quote Link to comment Share on other sites More sharing options...
Tickled Pink Posted February 6, 2014 Share Posted February 6, 2014 I second Keith and Linda, declare absolutely anything you're not sure about. I've come through with sports equipment, food, wood etc on various trips - because i'm so upfront, have always packed the items knowing i'll be producing them (so easy to access) they love it - it makes their job easier, and they are happy you are open and honest. I've only every had good experiences at customs, and I love it when they welcome me 'home'. Quote Link to comment Share on other sites More sharing options...
Counting Stars Posted February 6, 2014 Share Posted February 6, 2014 (edited) I think he should have applied for a 600 visa. This is the one that they advise you to apply for if you have any sort of Criminal convictions/cautions. After you have applied you have to get a police check and write a statement and upload that to your application. I know this because we've been through it. We were stopped at Immigration as hubby ticked yes on his card and he was taken to check he had declared it on his original visa. He had and all was fine. I wouldn't risk not declaring it as hubby didn't ever go to prison and was a lot less than what your FIL got. x It actually says he should apply for the 600 (which is the Visa hubby got) that if you've been convicted or had a caution for anything you should apply for this one and not any other visa as this is the one where you have a place to declare everything and upload your police check xx It does say you "May" be refused entry to Australia but to be honest after travelling all that way I wasn't going to take the risk! x Edited February 6, 2014 by Counting Stars Quote Link to comment Share on other sites More sharing options...
jalapeno Posted February 6, 2014 Author Share Posted February 6, 2014 I think he should have applied for a 600 visa. This is the one that they advise you to apply for if you have any sort of Criminal convictions/cautions. After you have applied you have to get a police check and write a statement and upload that to your application. I know this because we've been through it. We were stopped at Immigration as hubby ticked yes on his card and he was taken to check he had declared it on his original visa. He had and all was fine. I wouldn't risk not declaring it as hubby didn't ever go to prison and was a lot less than what your FIL got. x It actually says he should apply for the 600 (which is the Visa hubby got) that if you've been convicted or had a caution for anything you should apply for this one and not any other visa as this is the one where you have a place to declare everything and upload your police check xx It does say you "May" be refused entry to Australia but to be honest after travelling all that way I wasn't going to take the risk! x Ok now I'm confused. As the 651 visa only says you can't apply if you have had any convictions of 12 months or over. I can't see where it says you shouldn't apply if you have any convictions at all?? Quote Link to comment Share on other sites More sharing options...
Counting Stars Posted February 6, 2014 Share Posted February 6, 2014 No it doesn't say you can't apply for it. It says it's better for the 600 as you should declare it and this Visa is where you declare it. I had to screenshot as I'm on my phone but it says it where you apply for the visa Quote Link to comment Share on other sites More sharing options...
jalapeno Posted February 6, 2014 Author Share Posted February 6, 2014 No it doesn't say you can't apply for it. It says it's better for the 600 as you should declare it and this Visa is where you declare it. I had to screenshot as I'm on my phone but it says it where you apply for the visa I can see that. But his conviction was only for 9months not over 12? confused.com..... Quote Link to comment Share on other sites More sharing options...
Counting Stars Posted February 6, 2014 Share Posted February 6, 2014 It says if you have had ANY criminal convictions in any country you would be better off applying for the 600. It's entirely up to you like I said. We didn't want to take the risk x Quote Link to comment Share on other sites More sharing options...
jalapeno Posted February 6, 2014 Author Share Posted February 6, 2014 It says if you have had ANY criminal convictions in any country you would be better off applying for the 600. It's entirely up to you like I said. We didn't want to take the risk x I guess.... Now I'm unsure. I will call immi tomorrow and ask but just in case, how much does the 600 visa cost and how long does it take to process? L Quote Link to comment Share on other sites More sharing options...
Counting Stars Posted February 6, 2014 Share Posted February 6, 2014 (edited) I spoke to Australia house in London before we applied and that was what one they told us. It doesn't cost anything. Once we had uploaded the Police check and things it was granted within 48 hours. x Edited February 6, 2014 by Counting Stars Quote Link to comment Share on other sites More sharing options...
jalapeno Posted February 6, 2014 Author Share Posted February 6, 2014 Oh ok I guess we will apply for that one then instead just to be certain! I don't want any dishonesty or confusion to affect him coming all this way! Thanks for your advise x Quote Link to comment Share on other sites More sharing options...
Counting Stars Posted February 6, 2014 Share Posted February 6, 2014 Sorry to make things confusing for you. I just think if you can it's better to declare everything before you get there as will take them 2 mins to check when you tick the yes box when they arrive. If you don't declare on the visa form and then tick the yes box you will have to sit there and explain everything etc x Quote Link to comment Share on other sites More sharing options...
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