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Guest castellas

HI everyone i recently posted about a spousal visa and anyone having got one after being in prison(or any type of visa really) I should have said that it was about 8 years ago my husband was in prison and just to let you all know he is not a bad person and there were some unforseen circumstances surrounding his conviction we would really appreciate anyones help on this matter or advice as i have two beautiful children in oz that we want to get back to(their father would not give me permission to bring them here) anyway thanks

Chris and Janita :D

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speaking to a copper i know, i asked if they check just the crb and he assured me thats it, but he also said that anyone who has ever been convicted and served a sentance or not would always carry a club number, this is something that will always stay with you, but the crb check comes back clean after a period of time, im certain its 10 years though

i ordered one a few years back and it came back clean

when i was younger i served some years for firearms offences cat B no parole because of some physical disputes with other guests

just test the crb before you spend lots of money and time

if it comes back negative get in touch with an agent and see if they can help, you might find that some character references from certain people could make a difference.

apart from that many so called upstanding members of society have served sentances including ghandi, mandella, archer and piggot to name a few,

people change in life, some for the better some for the worse

the idea is youve served your sentance and paid your dues

it was only a year ago i served jury service in the same court with the same hanging judge.

the bas*tard was still trying to lead the jury

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Guest castellas

thanks for the info we know that his offence will always stay on record because it was a violent crime. did you get a visa to oz and if so how long did it take and did you declare your offence if your crb was clear.we are going to see a migration agent on monday so hopefully they can shed some light on it for us cheers

chris and janita :D

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Guest Phil Olsen

Hi Janita and Chris


firstly, when signing immigration forms there is a duty of disclosure on the forms - wording on 136 application form:


'I understand that if I give false or misleading information, my application may be refused, or any visa granted may be cancelled'


I have seen a number of posts (on a number of sites) which suggest that if the offence is not on the police check, then it should not be disclosed - risky strategy indeed as there is a duty of full disclosure and visa's can be refused or cancelled if that becomes known.


The forms also ask a number of questions about the the persons background which should be answered honestly ALWAYS.


Regarding the character test:


There are a number of criteria against which DIMA assess the nature of the offence committed in order to determine whether the person passes the character test for entry to Australia and there is quite a bit of guidance available to case officers for when they are considering the character of the person and their suitability for entry to Australia.


I see that you are meeting with an Agent and therefore I provide below the basic legislation is as follows which you may read so that you can ask the Agent questions about the character test mechanics:


Character test

(6) For the purposes of this section, a person does not pass the character test if:

(a) the person has a substantial criminal record (as defined by subsection (7)); or

(b) the person has or has had an association with someone else, or with a group or organisation, whom the Minister reasonably suspects has been or is involved in criminal conduct; or

© having regard to either or both of the following:

(i) the person's past and present criminal conduct;

(ii) the person's past and present general conduct;

the person is not of good character; or

(d) in the event the person were allowed to enter or to remain in Australia, there is a significant risk that the person would:

(i) engage in criminal conduct in Australia; or

(ii) harass, molest, intimidate or stalk another person in Australia; or

(iii) vilify a segment of the Australian community; or

(iv) incite discord in the Australian community or in a segment of that community; or

(v) represent a danger to the Australian community or to a segment of that community, whether by way of being liable to become involved in activities that are disruptive to, or in violence threatening harm to, that community or segment, or in any other way.

Otherwise, the person passes the character test.

Substantial criminal record


(7) For the purposes of the character test, a person has a substantial criminal record if:

(a) the person has been sentenced to death; or

(b) the person has been sentenced to imprisonment for life; or

© the person has been sentenced to a term of imprisonment of 12 months or more; or

(d) the person has been sentenced to 2 or more terms of imprisonment (whether on one or more occasions), where the total of those terms is 2 years or more; or

(e) the person has been acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result the person has been detained in a facility or institution.


A number of factors are taken into account by the case officer when assessing these criteria and probably too much to post here, but I hope that provides a basis for your discussion with the Agent.



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When you submit your application for the police check, you have to ask for a check for all places that you have lived for a period of 12 months over the last 10 years - if the offence was 8 years ago then it's very likely to show up on your police check.


Honesty is always the best policy and if you don't disclose it on your application and they find out by some means and you've got your visa and already live in Australia they could still cancell your visa.



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Guest castellas

thanks for the help and advice we have been nothing but honest so far and we intend to keep being honest at the end of the day honesty is the best policy right!!! :roll: all we can do is go see an agent talk to them and hope for the best we know it will be expensive and we also know he will more then likely have to appeal but we have been told because i am an oz citizen we will always have the right to appeal so hopefully one day we will get there as they also say time is a healer cheers

Chris and janita :D

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Guest Gollywobbler

Hi Janita


Has this agent whom you plan to see got a lot of exerience in sorting out Character issues with visas>? Or are you merely taking pot luck?


I would suggest that you take a look here:




As you haven't said what the crime was, I cannot be more specific, but I hope that the link will provide some assistance, Tell Austlii "any of these words" every time, It doesn't seem to understand any other idea, but if you narrow the search down to what actually happened, you might get some help.


I hope it will be OK for you in the end. I also agree with Ali - get character references, I suggest.


Best wishes




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Guest castellas

hi gill thanks for the website just to let you know the crime was GBH and there were circumstances surrounding this my husband is a good person who made one mistake in his life and i just hope he doesnt have to pay for it forever

janita and chris

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