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Criminal Conviction: Should I apply for 189 now or next year (2017)?


PomCop

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Evening (or morning) all.

 

Me again! I have browsed this forum for sometime now and as some of you will be aware, I am at the stage of applying for my EOI to get invited for the 189 visa. My only issue is that last April I fell onto the wrong side of the law (I was a police officer at the time) where I got into a verbal altercation with a taxi driver after an evening out over a taxi fare.

 

Subsequently I was arrested and charged with S4a Public Order and Failing to Comply with a Dispersal Order - I was being argumentative and should have just gone home as advised! Anywho... It went to court and I was Found Guilty for the two offences and given a fine for them. I was convicted of these offences in September 2015 (the offences took place in April 2015 so coming up to a year now).

 

Whilst I know none of you (or at least I know of) is a case officer.. But does anyone have any insight into this? I've worked pretty hard to get where I am at now, I don't want this to be the end of the road! Bear in mind that my Skills Assessment was granted in 2015 too (dates in signature).

 

I am 22 years old, single, if good character (despite this event) and I have no intentions of re-offending!

 

Let me know your thoughts, they are greatly appreciated :)

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Guest Guest114430

Hey,

 

i'd get in touch with a migration agent if i were you. i have a few criminal convictions albeit 12 years ago, but they advised me with all the info etc. i used Ian Harrop. Make sure they are registered.

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Doesn't matter when you apply as it will come up on the police check anyway. I don't see that the offence itself will be a problem but the regency may have them asking questions (but I don't think it would stop you getting a visa).

 

I believe that people in these cases have usually written a letter detailing the offence, their contrition and provided a couple of character references to submit with the application.

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Thanks all. Yeah I can provide character references from solicitors, my accountant and even a magistrate, so hopefully that will be enough! I intended on declaring it anyway, honesty and integrity and all that!

 

Thanks for the advice :)

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I am 22 years old, single, if good character (despite this event)

I'm afraid I don't think you are of good character unless words have developed new meanings. You were a police officer which means you held others to account for their behaviour, yet you decided that you would not be bound by the same laws you upheld for everyone else. Moreover, I notice you still call yourself a cop despite presumably having been sacked or forced to resign. I don't know what form of skilled migration you are intending to go for, but if you have been doing it for only a few weeks (since you applied in July 2015 and were a police officer in April 2015) then I'm not sure how you would be eligible for skilled migration.

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I'm afraid I don't think you are of good character unless words have developed new meanings. You were a police officer which means you held others to account for their behaviour, yet you decided that you would not be bound by the same laws you upheld for everyone else. Moreover, I notice you still call yourself a cop despite presumably having been sacked or forced to resign. I don't know what form of skilled migration you are intending to go for, but if you have been doing it for only a few weeks (since you applied in July 2015 and were a police officer in April 2015) then I'm not sure how you would be eligible for skilled migration.

 

Hi Quinkla

 

Thanks for your reply. Everyone is entitled to their opinions I suppose. But unfortunately it was one word against another's. Instead of shouting from the tops of the streets "I didn't do it" "it's all their fault" I took ownership to it and I am remorseful. We all have our bad days.

 

As for the username, it was when I was presently a police officer at the time. So it was completely relevant. Would you prefer me to change it?

 

Second to that, I am also a company director for a roofing firm - have been since I was 16 so thankfully I had a backup plan. My skilled migration is a 189 Skilled Independent Visa, for which I already have a valid skills assessment for.

 

I can see your point where you wouldn't see me as a good character - fair & valid however, what constitutes as a good character? Does one action mean that they have to remain bad all their lives? Because of a verbal altercation do I need to be told that I am bad?

 

Nonsense. I work 6/7 days a week, support my sisters with their children where I can (swimming lessons, babysitting) as well as fitting in Muay Thai (Thai boxing). I would stop in the street to help someone if they needed it. I would report crime as needed. Does that mean I am a bad character still?

 

Quite wrong of you to assume and judge without knowing the full facts.

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Guest Guest114430
Thanks all. Yeah I can provide character references from solicitors, my accountant and even a magistrate, so hopefully that will be enough! I intended on declaring it anyway, honesty and integrity and all that!

 

Thanks for the advice :)

 

You have no other choice than to be honest etc, as you have to obtain a police check which would of course show EVERYTHING. i would definitely get some advice from an agent because your offence was quite recent. the 'of good character' is of course up to the Australian immigration to decide. we all would say we are of good character but with your recent offence and you being in a community trusted role they may question it.

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Thanks Mikee. Yes definitely will declare it and will give maximum information. At the end of the day it's something that has happened now and I can't change that! Just gotta move forward and up with the future :-)

 

Thanks again everyone. Greatly appreciated!

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As I said, the longer you leave it post-conviction the better it will be... As it shows that it was just an aberration rather than a developing pattern of behaviour. I didn't take from your post that you weren't going to declare, just that you wanted advice as to when to apply... So that's mine.

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Thanks Mikee. Yes definitely will declare it and will give maximum information. At the end of the day it's something that has happened now and I can't change that! Just gotta move forward and up with the future :-)

 

Thanks again everyone. Greatly appreciated!

 

everyone makes mistakes.do what you can to get out there mate. Good luck

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As for the username, it was when I was presently a police officer at the time... Second to that, I am also a company director for a roofing firm ... My skilled migration is a 189 Skilled Independent Visa, for which I already have a valid skills assessment for.

 

 

 

I am 22 years old

Now I'm really puzzled. How had you managed to get 3 years' full time experience as a roofing plumber by the age of 21 if you were a police officer?

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Our advice is to let the dust settle. The conviction was in September which is the relevant date.

Speak to a visa specialist first as once you have paid the fees for the visa there is no refund.

You are young you have time on your hands.

Good things come to those who wait.

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Now I'm really puzzled. How had you managed to get 3 years' full time experience as a roofing plumber by the age of 21 if you were a police officer?

I thought it was pretty clear? He started roofing when he was 16? He would've probably carried on while he was a police officer many have part time trades as well as the job.

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Hi PomCop,

 

My husband also has a number of offences back in the UK from 5-10 years ago. I would definitely suggest you consult with a MARA agent, like Westly Russell or Mark Northam. Very good advice we have gotten from them. Preparing your character references is good, however it is desirable to let a considerable length of time to pass so that DIBP could see that you'e had time to reform & repent for the bad action. Jail time isn't the only criteria that will indicate you fail the character test, nature of the crime as well as who you had a fight with will have an effect. If it was violence against a member of the minority group then it would look worse than normal. Your skills assessment and IELTS will be valid for a number of years so you dont have to worry about that. Again have a word with a good agent they will know the best course of action. Best of luck :)

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