mojojojo1991 Posted March 12, 2014 Share Posted March 12, 2014 Hi, I'm looking to apply for my Australian Working Holiday Visa next week, but I'm really concerned about the criminal declaration that you have to make. When I was 15-16, I was cautioned on two occasions; once for attempting to steal a pair of earrings and once for being involved in a fight with another girl my age... please note I was simply cautioned and not fined/convicted... probably because I was so young and they were so minor. Anyway, I'm now 22, have received a 2:1 degree in Psychology and held down a number of jobs since the age of 15, which is all reflected on my CV. I graduated from university 7 months ago and have had a steady job since, and have some volunteer work on there too. I'm hoping holding down jobs and going through university, as well as not being cautioned since, may counter-act the cautions... Does anyone think these minor cautions may affect my application? Do you think I even need to declare them? If I do declare them, should I attach something to the Visa explaining how it was out of character I was young and stupid etc? Will appreciate any replies thank you! Link to comment Share on other sites More sharing options...
wrussell Posted March 12, 2014 Share Posted March 12, 2014 From what you have posted you will be OK. Declare the matters, computers have long memories. Link to comment Share on other sites More sharing options...
dxboz Posted March 12, 2014 Share Posted March 12, 2014 Agree with wrussell you should declare them and provide a statement just like you did above. You will be ok this will not be a problem Link to comment Share on other sites More sharing options...
mojojojo1991 Posted March 13, 2014 Author Share Posted March 13, 2014 Thanks for the replies. I just got off the phone to the Australian Commission in London, and the woman on the phone wasn't very helpful. When I explained I was cautioned and not convicted, and if I should tick 'no' to the conviction question, then attach a document explaining the caution, or whether I should tick yes to the conviction and say that I was, in fact, cautioned, she just replied with "I cannot tell you what to do, it's your decision." I feel a bit lost now because I don't want them to think I'm lying if I put 'no' and then explain the cautions, and I don't want to put 'yes' to the convictions and they think they are more serious than they are. Anyone have any ideas? I'm applying this weekend and am so unsure Link to comment Share on other sites More sharing options...
mojojojo1991 Posted March 13, 2014 Author Share Posted March 13, 2014 Thanks for the replies. I just got off the phone to the Australian Commission in London, and the woman on the phone wasn't very helpful. When I explained I was cautioned and not convicted, and if I should tick 'no' to the conviction question, then attach a document explaining the caution, or whether I should tick yes to the conviction and say that I was, in fact, cautioned, she just replied with "I cannot tell you what to do, it's your decision." I feel a bit lost now because I don't want them to think I'm lying if I put 'no' and then explain the cautions, and I don't want to put 'yes' to the convictions and they think they are more serious than they are. Anyone have any ideas? I'm applying this weekend and am so unsure Link to comment Share on other sites More sharing options...
partychick Posted March 13, 2014 Share Posted March 13, 2014 Tick yes to be on the safe side. If you ever wanted to apply for a permanent visa they would do a check anyway and would see that you lied, if u put no. It will not affect your WHV as its only a problem if its over 12 months imprisonment . Link to comment Share on other sites More sharing options...
MaggieMay24 Posted March 13, 2014 Share Posted March 13, 2014 Declare the matters, computers have long memories. I'd follow this advice. You should never lie to Immigration, even by omission, as it could come back to bite you down the road if you ever want another visa. Link to comment Share on other sites More sharing options...
mojojojo1991 Posted March 15, 2014 Author Share Posted March 15, 2014 Thank your for your advice. There is a question on the visa " do you have travel insurance for Australia?" but surely I would apply for insurance after I've been accepted? Especially as I am not 100% sure they will accept it. Should I just apply for the insurance then and keep my fingers crossed? Link to comment Share on other sites More sharing options...
kfg89 Posted May 8, 2014 Share Posted May 8, 2014 Hello, I am in the same situation as you. I am not planning on going just yet but I am very nervous that a caution (received at 14/15) will affect my WHV. How did you get on with your application? Link to comment Share on other sites More sharing options...
Britpop Posted May 8, 2014 Share Posted May 8, 2014 If it asked if you were convicted and you weren't tick no. That's the answer to the question. However if there's an opportunity elsewhere to declare the cautions then do so. I'd be more inclined to ask the police here if they would still be on record as that will tell you if immigration will know. I have a motoring conviction, was asked to provide more info and still got mine, took a few weeks. The original application just came back saying 'we require further information - with reference to point x please provide further explanation of circumstances ' or something similar. Under the 'fair go' policy they are pretty open so long and you can explain to show it's not 'the norm'. Are you doing it through the immi website? I don't recall the question about insurance? But still, you can say no and explain in the attachment. *sorry just realised the OP was a while ago, may still be relevant though* Link to comment Share on other sites More sharing options...
Quinkla Posted May 9, 2014 Share Posted May 9, 2014 If it asked if you were convicted and you weren't tick no. That's the answer to the question. I wouldn't normally reply to old threads but this is poor advice. You should err on the side of openness and honesty. It is easier to declare a caution as a conviction and let DIBP decide that it is irrelevant than to fail to declare it and later look as though you were trying to hide it. The criminal conviction thing is pretty straightforward - a year in prison is a problem, less than that is not an issue. A caution wouldn't even raise an eyebrow, but leaving the section blank and getting a "no live trace" on the police certificate is storing up trouble. Arguing on technicalities or semantics will just make you look dishonest and evasive - the polar opposite of what you want. Link to comment Share on other sites More sharing options...
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