Mighty boosh Posted June 28, 2014 Share Posted June 28, 2014 Hi I have been living in Australia for over 5 years. First on working holiday visa, then wwoofing, then 457 visa. Now I am at a point where I can apply for residency via ens. I have started the process, and when I got my uk police report back from the uk. It came back with convictions that I never declared. So now I am freaking out. I listened to friends that applied, and said if it was over 10 years it's wiped. So I naively did not declare them. A conditional discharge, small fine for handling stolen goods more than 20 years ago, and a caution which I didn't declare from 2008 for having MDMA on me (1 pill) stupid I know, but was experimental phase of my life. I thought as it was a caution and not a conviction, I didn't need to declare ( how stupid of me!). So now having spoke with my lawyer. He says it's 50/50 decision. As there is a question of character involved. I am gutted. My life is totally invested in being here. I love it. My partner has literally just had our 1st child. So now am concerned about my families future. Does anyone have any experience of such things happening to them. If so any help is much appreciated. As I am caught between a rock and a hard place apply and potentially get refused. And lose thousands. Or quit and go home? Which I cannot even think about! would very much appreciate your replies Link to comment Share on other sites More sharing options...
Killara Posted June 28, 2014 Share Posted June 28, 2014 Minor convictions from more than 10 years ago would not usually be fatal to your chances of getting PR. With a properly prepared application addressing all issues (including the failure to previously disclose the convictions previously), your chances of obtaining PR would be much higher than what your lawyer has indicted, but it is crucial that you prepare the application professionally, and by that I mean use a registered migration agent who has experience making submissions on character grounds. Link to comment Share on other sites More sharing options...
Mighty boosh Posted June 28, 2014 Author Share Posted June 28, 2014 Thanks for your reply the bottom line I guess what being told, is that they just see the lie and that's what they focus on. And is that enough for them to chuck the application out before it even gets anywhere in the process? And then there is the none disclosure of the caution from 2008. Is that serious enough??? I have been stupid and naive, I guess. Thanks again Link to comment Share on other sites More sharing options...
Que Sera Sera Posted June 28, 2014 Share Posted June 28, 2014 Thanks for your replythe bottom line I guess what being told, is that they just see the lie and that's what they focus on. And is that enough for them to chuck the application out before it even gets anywhere in the process? And then there is the none disclosure of the caution from 2008. Is that serious enough??? I have been stupid and naive, I guess. Thanks again If you look at Killara's signature you'd probably do well to contact her. All the best. Link to comment Share on other sites More sharing options...
wrussell Posted June 28, 2014 Share Posted June 28, 2014 Hi I have been living in Australia for over 5 years. First on working holiday visa, then wwoofing, then 457 visa. Now I am at a point where I can apply for residency via ens. I have started the process, and when I got my uk police report back from the uk. It came back with convictions that I never declared. So now I am freaking out. I listened to friends that applied, and said if it was over 10 years it's wiped. So I naively did not declare them. A conditional discharge, small fine for handling stolen goods more than 20 years ago, and a caution which I didn't declare from 2008 for having MDMA on me (1 pill) stupid I know, but was experimental phase of my life. I thought as it was a caution and not a conviction, I didn't need to declare ( how stupid of me!). So now having spoke with my lawyer. He says it's 50/50 decision. As there is a question of character involved. I am gutted. My life is totally invested in being here. I love it. My partner has literally just had our 1st child. So now am concerned about my families future. Does anyone have any experience of such things happening to them. If so any help is much appreciated. As I am caught between a rock and a hard place apply and potentially get refused. And lose thousands. Or quit and go home? Which I cannot even think about! would very much appreciate your replies The DIBP take a dim view of false information. Not declaring a police matter can get you into more trouble than the matter itself and presumably you declared no convictions on an incoming passenger card. From what you have posted, you will probably be ok. Heaven knows why you propose to apply for ENS. If you are not commited to it, you might want to take advice about alternative strategies. Link to comment Share on other sites More sharing options...
Mighty boosh Posted June 28, 2014 Author Share Posted June 28, 2014 The DIBP take a dim view of false information. Not declaring a police matter can get you into more trouble than the matter itself and presumably you declared no convictions on an incoming passenger card. From what you have posted, you will probably be ok. Heaven knows why you propose to apply for ENS. If you are not commited to it, you might want to take advice about alternative strategies. Hi wrussell thanks for your reply i don't understand why you think I am not committed to this process. I am 100% committed to doing this. As I said I love Australia. And the thought of returning to the uk. Is one I don't even want to think about. I just want to know what my realistic options are at this juncture. Link to comment Share on other sites More sharing options...
Notts Posted June 28, 2014 Share Posted June 28, 2014 I think what Westley meant was if you are not committed in the sense you could apply for a different visa, then there might be better options than ENS available to you (perhaps a partner visa?). Link to comment Share on other sites More sharing options...
Mighty boosh Posted June 28, 2014 Author Share Posted June 28, 2014 Thanks for reply notts does that mean you come from Nottingham? That's my home town. Ok, maybe I misread the reply. Sorry, if that's the case. I don't really think there is any other options for me. I have been here over 5 years now as a chef. My partner come over with me, and we are both British. Essentially from my lawyers stance I have to declare this at some point. And that's when there is going to be problems i.e why are we finding out now, and not before. You have lied to us. As I said in my original post I have just been stupid and naive. Listening to other peoples advise. I should have declared it, but then I may never have got to know the joy of living here, in the first place. I have moved around the uk and Europe for 17 years doing my job. Never settled anywhere. When I landed in australia 5 years ago. I knew I'd come home! Well hopefully anyway. thanks again Link to comment Share on other sites More sharing options...
CollegeGirl Posted June 28, 2014 Share Posted June 28, 2014 Seriously - use a registered migration agent. That's going to be your best chance here. It's NOT as fatal an issue as your lawyer made it out to be, but you WILL need professional help. Link to comment Share on other sites More sharing options...
Mighty boosh Posted June 28, 2014 Author Share Posted June 28, 2014 Thanks for your reply collegeGirl i am with a registered migration lawyer. My only problem is my job will only let me use this lawyer, on account they don't want every tom dick or Harry knowing their private details. Which means I cannot shop around for somebody. 2 other employees at work have used him. Successfully. But their cases were to the book applications. I just don't get the feeling he wants to deal with this kind of application. But I have no other choice! It's kind of him or nobody, from my employers stance. Thanks again Link to comment Share on other sites More sharing options...
Mighty boosh Posted June 28, 2014 Author Share Posted June 28, 2014 My question is. Is or has anybody else found themselves, in the same situation that I am in now? If so did they successfully receive pr? Or successfully appeal against a case which was originally declined? If that is even an option? Any help with regards to this matter is very much appreciated. thanks Link to comment Share on other sites More sharing options...
Killara Posted June 28, 2014 Share Posted June 28, 2014 My only problem is my job will only let me use this lawyer, on account they don't want every tom dick or Harry knowing their private details. Which means I cannot shop around for somebody. .... I just don't get the feeling he wants to deal with this kind of application. But I have no other choice! It's kind of him or nobody, from my employers stance. Thanks again While your employer's stance is important as they will be sponsoring you, it is your visa application - and for that, you are the client, not your employer. You should not be forced to use someone who you do not have confidence in. I suggest that you explain to your employer that for your part of the visa application, you would like to use your own registered migration agent / lawyer. Your employer could still use their lawyer for their part in the process, if they wish. Their concern about their privacy if you had your own agent / lawyer is unfounded - their privacy is not going to be compromised by you having your own lawyer. Any registered migration agent / lawyer you employed would be bound by confidentiality, and information and documents which are provided to a lawyer would also be protected from disclosure by legal privilege. ... Or successfully appeal against a case which was originally declined? If that is even an option? And who would you use for the appeal? Your employer's lawyer again? You don't want to be in the situation that you have to appeal and then considering again whether to continue with your employer's lawyer if you do not have confidence in him/her. Do the application right first time, rather than being in a far worse position later on needing to appeal against a decision on an application that was not properly prepared. Link to comment Share on other sites More sharing options...
wrussell Posted June 28, 2014 Share Posted June 28, 2014 Thanks for your reply collegeGirli am with a registered migration lawyer. My only problem is my job will only let me use this lawyer, on account they don't want every tom dick or Harry knowing their private details. Which means I cannot shop around for somebody. 2 other employees at work have used him. Successfully. But their cases were to the book applications. I just don't get the feeling he wants to deal with this kind of application. But I have no other choice! It's kind of him or nobody, from my employers stance. Thanks again You almost certainly have better options. I most strongly advise you to seek independent advice from an experienced registered migration agent who has a track record with finalised 'character' and partner cases. You might want to ask - Have you ever had a finalised partner visa refused? Have you ever had a 'character' submission fail? and get the answers in writing. Link to comment Share on other sites More sharing options...
Adam Grey Posted June 28, 2014 Share Posted June 28, 2014 You almost certainly have better options. I most strongly advise you to seek independent advice from an experienced registered migration agent who has a track record with finalised 'character' and partner cases. You might want to ask - Have you ever had a finalised partner visa refused? Have you ever had a 'character' submission fail? and get the answers in writing. The original comment did sound like he had an Aussie partner, but he mentioned later his partner is British. Link to comment Share on other sites More sharing options...
wrussell Posted June 28, 2014 Share Posted June 28, 2014 I did not notice British in the post I read, but that will limit the options if she is not PR. He might have to take some advice about the other issues and instruct the agent acting to lodge his submission. Link to comment Share on other sites More sharing options...
lilywhite Posted January 18, 2015 Share Posted January 18, 2015 You can engage a different migration agent yourself - they don't need to see your employer's info to do your part of the process - nothing wrong with a second professional opinion from someone who knows these situations Link to comment Share on other sites More sharing options...
Marisawright Posted January 18, 2015 Share Posted January 18, 2015 Thanks for reply nottsdoes that mean you come from Nottingham? That's my home town. Ok, maybe I misread the reply. Sorry, if that's the case. I don't really think there is any other options for me. I have been here over 5 years now as a chef. My partner come over with me, and we are both British. Essentially from my lawyers stance I have to declare this at some point. I'd suggest engaging another migration agent anyway, even if you have to pay them yourself, just to get a second opinion on what visa you should get and what your chances are. As far as I can see, your side of the process has nothing to do with your employer anyway, and you're entitled to use whom you like. The only advantage of using your employer's agent is that it will save you some fees - and considering how much is at stake, is that a wise thing to scrimp on? Link to comment Share on other sites More sharing options...
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