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Draft Statutory Declaration re. Criminal Record. is this right, opinions and comments please.


pmf1977

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Not sure whether you can claim innocence in a stat dec to a charge you have been found guilty of or pleaded guilty too.

But I'm not an expert in these matters. But I would have thought stick to the facts as per the court outcomes.

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If i were in your shoes i would take it on the chin and let the DIAC know you are sorry ect. If you come across with the original stat/dec they may think you are a teller of tall stories. Now i am not for one minute judging you but people behind a desk in oz may. Just bite the bullet like you did in court and take it on the chin. cheers Ned

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Given the importance of the stat dec - the two offences have a total of 12 months potential imprisonment, which is the usual fail point under the charcter requirement, i think this is a great time to speak to an agent to review it before you send. That is what some of them specalise in. Yes, you will pay a fee for the service, but given the risk, in my opinion well worth it. I believe Allan from Go Matilda has a specialism in visas involving convictions and can probably advise very quickly.

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I think your drafts are problematic. They generally come across as denying responsibility (I did not consider that my actions were a serious offence). You seem to be ignoring the jail sentences (which are the serious bits) and focusing instead on the community service. You also say in relation to the DVDs that you are an honest person and have not been in trouble since. But that is not supported by the evidence.

 

You also need to address the fact that you committed the insurance fraud after applying for a visa and why you have not notified DIBP of the change in circumstances before now.

 

I think you need professional advice - I suspect they will advise you to lead with the offence/sentence, then explain circumstances, then express serious remorse.

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Something I missed on the first reading, is that the suspended sentences add up to 12 months. Whether suspended or not, sentences of 12 months or more are problematic for immigration and mean failing the character test. It is still possible to get a waiver though, but I agree that you are in a very delicate situation and I would not be handling this by myself. Had you declared these convictions at time of application or will this be news to the CO?

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Go Matilda want £420 minimum house as I am not a client of theirs even though all I want them to do is to look at my police certificate and advise me on the wording of the stat. dec. seems an awful lot of money for what is probably only going to be an hours work.

 

How much is your visa application fee? If you lose that the £420 will be nothing! Take the advice your situation is serious you may not get your visa without help.:no:

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Go Matilda want £420 minimum house as I am not a client of theirs even though all I want them to do is to look at my police certificate and advise me on the wording of the stat. dec. seems an awful lot of money for what is probably only going to be an hours work.

 

It's your call - but I would expect your visa to be rejected since you appear to have applied for a visa and then gone out and committed an offence shortly afterwards that got you sentences totalling 12 months. Your own attempt at a statement sends many wrong messages. An agent might be able to save your application - I don't know but in your position I would be paying the agent.

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To be honest I do think you need some help in preparing this. I find both Stat Decs very confusing to read and to be honest sounds dodgy that you would have advised your wife to leave her rings at home???? Sorry don't want to be harsh but I do think you should seek professional help with this.

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